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S.1079

Armed Forces and National Security

Defenders of Bataan and Corregidor Congressional Gold Medal Act This bill provides for the award of a Congressional Gold Medal to the troops from the United States and the Philippines who defended Bataan and Corregidor, in recognition of their personal sacrifice and service during World War II.

To award a Congressional Gold Medal to the troops from the United States and the Philippines who defended Bataan and Corregidor, in recognition of their personal sacrifice and service during World War II. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Defenders of Bataan and Corregidor Congressional Gold Medal Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Hours after the attacks on Pearl Harbor, Hawaii, Imperial Japanese forces launched an attack on the Philippines, cutting off vital lines of communication to members of the Armed Forces of the United States (referred to in this Act as the ``Armed Forces'') and Filipino troops in the Far East under the command of General Douglas MacArthur. (2) On December 8, 1941, the 200th and 515th Coast Artillery Regiments, successors to the New Mexico National Guardsmen who made up part of the famed ``Rough Riders'' of the Spanish-American War, were the ``first to fire''. (3) Despite being cut off from supply lines and reinforcements, members of the Armed Forces and Philippine troops quickly executed a plan to delay the Japanese invasion and defend the Philippines against that invasion. (4) Combined Armed Forces and Filipino ground forces fought a prolonged 6-month resistance to Imperial Japan's invasion of the Philippines. With the Armed Forces unable to deliver reinforcements, the Armed Forces and Filipino forces slowly deteriorated in combat effectiveness from-- (A) lack of food, supplies, and ammunition; (B) disease; and (C) no air and naval support. (5) By December 10, 1941, the United States Army Air Corps airfields at Del Carmen, Clark, Nichols, and Nielson on Luzon in the Philippines, as well as the nearby United States naval facilities at Cavite and Olongapo, had been destroyed. The surviving sailors, marines, and airmen were organized into provisional infantry units and sent to fight on the Bataan Peninsula. (6) By April 1942, troops from the United States and the Philippines had bravely and staunchly fought off enemy attacks in Bataan for more than 4 months under strenuous conditions that resulted in widespread starvation and disease. (7) Securing the withdrawal of Armed Forces on Luzon to the Bataan Peninsula were the following: (A) 1,809 New Mexico National Guardsmen from 200th and 515th Coast Artillery (Antiaircraft) regiments. First stationed at Fort Stotsenberg north of Manila, they are credited as being the ``first to fire'' in the defense of the Philippines on December 8, 1941. (B) 1,006 National Guardsmen of the 192nd GHQ Light Tank Battalion (596) composed of Company A from Janesville, Wisconsin, Company B from Maywood, Illinois, Company C from Port Clinton, Ohio, and Company D from Harrodsburg, Kentucky, and the 194th Light Tank Battalion (410) composed of Company A from Brainerd, Minnesota, Company B from Saint Joseph, Missouri, and Company C from Salinas, California. The 192nd and 194th Tank Battalions had arrived in the Philippines on or before Thanksgiving Day, 1941. (8) Barely \1/2\ of the men from the National Guard units described in paragraph (7) returned home at the end of the war, with the majority dying as prisoners of war of the Imperial Japanese Army. (9) By maintaining their position and engaging the enemy for as long as they did, the troops at Bataan were able to change the momentum of the war, delaying the Japanese timetable to take control of the Southeast Pacific for needed war materials. Because of the heroic actions of the defenders of Bataan, members of the Armed Forces and other Allied forces throughout the Pacific had time to regroup and prepare for the successful liberation of the Pacific and the Philippines. (10) On April 9, 1942, approximately 12,000 members of the Armed Forces and 66,000 Filipino soldiers became prisoners of war with the surrender of the Armed Forces and Filipino forces on the Bataan Peninsula in the Philippines by Major General Edward P. King. (11) Beginning on April 9, 1942, and lasting for almost 2 weeks, troops from the Armed Forces and the Philippines were taken prisoner and forced to march 65 miles without any food, water, or medical care in what came to be known as the ``Bataan Death March''. They marched from Marviveles north to the San Fernando train station. At San Fernando, the men were packed standing in unventilated boxcars for the 24-mile journey by rail to Capas. Survivors then marched an additional 3 miles to the makeshift prisoner-of-war camp at Camp O'Donnell, an unfinished Philippine Army training facility. (12) During this forced march, an estimated 700 members of the Armed Forces and possibly 10,000 Filipino soldiers died from starvation, lack of medical care, sheer exhaustion, or abuse by their captors. Hundreds of men on the Death March remain unaccounted for from the march and its immediate aftermath. (13) Conditions at the prisoner-of-war camps were appalling, leading to increased disease and malnutrition, which precipitated extraordinary death rates of as high as 300 per day. (14) Thousands of troops fought under siege conditions on Corregidor (Fort Mills), a fortress island in Manila Bay, the headquarters of the wartime U.S. Army Forces in the Far East, and the nearby fortified islands of Fort Hughes, Fort Drum, and Fort Frank until May 6, 1942. (15) On May 6, 1942, Corregidor, which had become the military command center for all the Philippines, United States Forces in the Philippines (USFIP), was surrendered by Lt. General Jonathan M. Wainwright. Nearly 10,000 members of the Armed Forces as well as more than 3,000 Filipino soldiers and nurses became prisoners of war of Imperial Japan. (16) On June 6, 1942, the prisoners at Camp O'Donnell were transferred to Camp Cabanatuan, north of Camp O'Donnell. (17) Nearly 26,000 of the 50,000 Filipino prisoners of war died at Camp O'Donnell and survivors were gradually paroled from September through December 1942. (18) Between September of 1942 and December of 1944, prisoners of war from the Armed Forces who had survived the horrific death march were shipped north for forced labor aboard ``hell ships'' and succumbed in great numbers because of the abysmal conditions. Many of those ships were mistakenly targeted by Allied naval forces because the Japanese military convoys were not properly labeled as carrying prisoners of war. The sinking of the Arisan Maru alone claimed nearly 1,800 lives of members of the Armed Forces. (19) The prisoners who remained in the camps suffered from continued mistreatment, malnutrition, lack of medical care, and horrific conditions until they were liberated in 1945. (20) The veterans of Bataan and Corregidor represented the best of the United States and the Philippines, hailed from various locales across both countries, and represented true diversity. (21) Over the subsequent decades, the veterans of Bataan and Corregidor formed support groups, were honored in local and State memorials, and told their stories to all people of the United States. (22) The United States Navy has continued to honor the history and stories of the veterans of Bataan by naming 2 ships after the battle, including 1 ship that is still in service, the USS Bataan (LHD-5), in memory of their valor and honorable resistance against Imperial Japanese forces. (23) Many of the survivors of Bataan and Corregidor have died and those who remain continue to tell their stories. (24) The people of the United States and the Philippines are forever indebted to these men for-- (A) the courage and tenacity they demonstrated during the first 4 months of World War II fighting against enemy soldiers; and (B) the perseverance they demonstrated during 3 years of capture, imprisonment, and atrocious conditions, while maintaining dignity, honor, patriotism, and loyalty. 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 collective award, on behalf of Congress, of a gold medal of appropriate design to the troops from the United States and the Philippines who defended Bataan and Corregidor, in recognition of their personal sacrifice and service during World War II. (b) Design and Striking.--For purposes of the award under subsection (a), the Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall 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 under subsection (a), the gold medal shall be given to the Smithsonian Institution, where it shall 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 received under paragraph (1) available for display at other locations, particularly at locations that are associated with the prisoners of war at Bataan and the troops from the United States and the Philippines who defended Bataan and Corregidor. SEC. 4. DUPLICATE MEDALS. (a) Striking of Duplicates.--Under such regulations as the Secretary may prescribe, the Secretary may strike duplicates in bronze of the gold medal struck under section 3. (b) Selling of Duplicates.--The Secretary may sell such duplicates under subsection (a) at a price sufficient to cover the costs of such duplicates, including labor, materials, dies, use of machinery, and overhead expenses. (c) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals under subsection (b) shall be deposited in the United States Mint Public Enterprise Fund. SEC. 5. STATUS OF MEDALS. (a) National Medals.--Medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. <all>

Defenders of Bataan and Corregidor Congressional Gold Medal Act

A bill to award a Congressional Gold Medal to the troops from the United States and the Philippines who defended Bataan and Corregidor, in recognition of their personal sacrifice and service during World War II.

Defenders of Bataan and Corregidor Congressional Gold Medal Act

Sen. Heinrich, Martin

D

NM

This bill provides for the award of a Congressional Gold Medal to the troops from the United States and the Philippines who defended Bataan and Corregidor, in recognition of their personal sacrifice and service during World War II.

To award a Congressional Gold Medal to the troops from the United States and the Philippines who defended Bataan and Corregidor, in recognition of their personal sacrifice and service during World War II. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Defenders of Bataan and Corregidor Congressional Gold Medal Act''. 2. (4) Combined Armed Forces and Filipino ground forces fought a prolonged 6-month resistance to Imperial Japan's invasion of the Philippines. (7) Securing the withdrawal of Armed Forces on Luzon to the Bataan Peninsula were the following: (A) 1,809 New Mexico National Guardsmen from 200th and 515th Coast Artillery (Antiaircraft) regiments. First stationed at Fort Stotsenberg north of Manila, they are credited as being the ``first to fire'' in the defense of the Philippines on December 8, 1941. (B) 1,006 National Guardsmen of the 192nd GHQ Light Tank Battalion (596) composed of Company A from Janesville, Wisconsin, Company B from Maywood, Illinois, Company C from Port Clinton, Ohio, and Company D from Harrodsburg, Kentucky, and the 194th Light Tank Battalion (410) composed of Company A from Brainerd, Minnesota, Company B from Saint Joseph, Missouri, and Company C from Salinas, California. (9) By maintaining their position and engaging the enemy for as long as they did, the troops at Bataan were able to change the momentum of the war, delaying the Japanese timetable to take control of the Southeast Pacific for needed war materials. (10) On April 9, 1942, approximately 12,000 members of the Armed Forces and 66,000 Filipino soldiers became prisoners of war with the surrender of the Armed Forces and Filipino forces on the Bataan Peninsula in the Philippines by Major General Edward P. King. At San Fernando, the men were packed standing in unventilated boxcars for the 24-mile journey by rail to Capas. Hundreds of men on the Death March remain unaccounted for from the march and its immediate aftermath. (16) On June 6, 1942, the prisoners at Camp O'Donnell were transferred to Camp Cabanatuan, north of Camp O'Donnell. Many of those ships were mistakenly targeted by Allied naval forces because the Japanese military convoys were not properly labeled as carrying prisoners of war. (19) The prisoners who remained in the camps suffered from continued mistreatment, malnutrition, lack of medical care, and horrific conditions until they were liberated in 1945. (23) Many of the survivors of Bataan and Corregidor have died and those who remain continue to tell their stories. 3. (b) Design and Striking.--For purposes of the award under subsection (a), the Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall strike the gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. 4. DUPLICATE MEDALS. SEC. 5.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Defenders of Bataan and Corregidor Congressional Gold Medal Act''. 2. First stationed at Fort Stotsenberg north of Manila, they are credited as being the ``first to fire'' in the defense of the Philippines on December 8, 1941. (B) 1,006 National Guardsmen of the 192nd GHQ Light Tank Battalion (596) composed of Company A from Janesville, Wisconsin, Company B from Maywood, Illinois, Company C from Port Clinton, Ohio, and Company D from Harrodsburg, Kentucky, and the 194th Light Tank Battalion (410) composed of Company A from Brainerd, Minnesota, Company B from Saint Joseph, Missouri, and Company C from Salinas, California. (9) By maintaining their position and engaging the enemy for as long as they did, the troops at Bataan were able to change the momentum of the war, delaying the Japanese timetable to take control of the Southeast Pacific for needed war materials. (10) On April 9, 1942, approximately 12,000 members of the Armed Forces and 66,000 Filipino soldiers became prisoners of war with the surrender of the Armed Forces and Filipino forces on the Bataan Peninsula in the Philippines by Major General Edward P. King. At San Fernando, the men were packed standing in unventilated boxcars for the 24-mile journey by rail to Capas. Hundreds of men on the Death March remain unaccounted for from the march and its immediate aftermath. (16) On June 6, 1942, the prisoners at Camp O'Donnell were transferred to Camp Cabanatuan, north of Camp O'Donnell. (19) The prisoners who remained in the camps suffered from continued mistreatment, malnutrition, lack of medical care, and horrific conditions until they were liberated in 1945. (23) Many of the survivors of Bataan and Corregidor have died and those who remain continue to tell their stories. 3. (b) Design and Striking.--For purposes of the award under subsection (a), the Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall strike the gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. 4. DUPLICATE MEDALS. SEC. 5.

To award a Congressional Gold Medal to the troops from the United States and the Philippines who defended Bataan and Corregidor, in recognition of their personal sacrifice and service during World War II. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Defenders of Bataan and Corregidor Congressional Gold Medal Act''. 2. FINDINGS. (4) Combined Armed Forces and Filipino ground forces fought a prolonged 6-month resistance to Imperial Japan's invasion of the Philippines. With the Armed Forces unable to deliver reinforcements, the Armed Forces and Filipino forces slowly deteriorated in combat effectiveness from-- (A) lack of food, supplies, and ammunition; (B) disease; and (C) no air and naval support. The surviving sailors, marines, and airmen were organized into provisional infantry units and sent to fight on the Bataan Peninsula. (7) Securing the withdrawal of Armed Forces on Luzon to the Bataan Peninsula were the following: (A) 1,809 New Mexico National Guardsmen from 200th and 515th Coast Artillery (Antiaircraft) regiments. First stationed at Fort Stotsenberg north of Manila, they are credited as being the ``first to fire'' in the defense of the Philippines on December 8, 1941. (B) 1,006 National Guardsmen of the 192nd GHQ Light Tank Battalion (596) composed of Company A from Janesville, Wisconsin, Company B from Maywood, Illinois, Company C from Port Clinton, Ohio, and Company D from Harrodsburg, Kentucky, and the 194th Light Tank Battalion (410) composed of Company A from Brainerd, Minnesota, Company B from Saint Joseph, Missouri, and Company C from Salinas, California. (9) By maintaining their position and engaging the enemy for as long as they did, the troops at Bataan were able to change the momentum of the war, delaying the Japanese timetable to take control of the Southeast Pacific for needed war materials. (10) On April 9, 1942, approximately 12,000 members of the Armed Forces and 66,000 Filipino soldiers became prisoners of war with the surrender of the Armed Forces and Filipino forces on the Bataan Peninsula in the Philippines by Major General Edward P. King. They marched from Marviveles north to the San Fernando train station. At San Fernando, the men were packed standing in unventilated boxcars for the 24-mile journey by rail to Capas. Hundreds of men on the Death March remain unaccounted for from the march and its immediate aftermath. (14) Thousands of troops fought under siege conditions on Corregidor (Fort Mills), a fortress island in Manila Bay, the headquarters of the wartime U.S. Army Forces in the Far East, and the nearby fortified islands of Fort Hughes, Fort Drum, and Fort Frank until May 6, 1942. (16) On June 6, 1942, the prisoners at Camp O'Donnell were transferred to Camp Cabanatuan, north of Camp O'Donnell. Many of those ships were mistakenly targeted by Allied naval forces because the Japanese military convoys were not properly labeled as carrying prisoners of war. The sinking of the Arisan Maru alone claimed nearly 1,800 lives of members of the Armed Forces. (19) The prisoners who remained in the camps suffered from continued mistreatment, malnutrition, lack of medical care, and horrific conditions until they were liberated in 1945. (20) The veterans of Bataan and Corregidor represented the best of the United States and the Philippines, hailed from various locales across both countries, and represented true diversity. (23) Many of the survivors of Bataan and Corregidor have died and those who remain continue to tell their stories. 3. (b) Design and Striking.--For purposes of the award under subsection (a), the Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall 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 under subsection (a), the gold medal shall be given to the Smithsonian Institution, where it shall be displayed as appropriate and made available for research. 4. DUPLICATE MEDALS. (c) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals under subsection (b) shall be deposited in the United States Mint Public Enterprise Fund. SEC. 5. (b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items.

To award a Congressional Gold Medal to the troops from the United States and the Philippines who defended Bataan and Corregidor, in recognition of their personal sacrifice and service during World War II. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Defenders of Bataan and Corregidor Congressional Gold Medal Act''. 2. FINDINGS. Congress finds the following: (1) Hours after the attacks on Pearl Harbor, Hawaii, Imperial Japanese forces launched an attack on the Philippines, cutting off vital lines of communication to members of the Armed Forces of the United States (referred to in this Act as the ``Armed Forces'') and Filipino troops in the Far East under the command of General Douglas MacArthur. (4) Combined Armed Forces and Filipino ground forces fought a prolonged 6-month resistance to Imperial Japan's invasion of the Philippines. With the Armed Forces unable to deliver reinforcements, the Armed Forces and Filipino forces slowly deteriorated in combat effectiveness from-- (A) lack of food, supplies, and ammunition; (B) disease; and (C) no air and naval support. (5) By December 10, 1941, the United States Army Air Corps airfields at Del Carmen, Clark, Nichols, and Nielson on Luzon in the Philippines, as well as the nearby United States naval facilities at Cavite and Olongapo, had been destroyed. The surviving sailors, marines, and airmen were organized into provisional infantry units and sent to fight on the Bataan Peninsula. (7) Securing the withdrawal of Armed Forces on Luzon to the Bataan Peninsula were the following: (A) 1,809 New Mexico National Guardsmen from 200th and 515th Coast Artillery (Antiaircraft) regiments. First stationed at Fort Stotsenberg north of Manila, they are credited as being the ``first to fire'' in the defense of the Philippines on December 8, 1941. (B) 1,006 National Guardsmen of the 192nd GHQ Light Tank Battalion (596) composed of Company A from Janesville, Wisconsin, Company B from Maywood, Illinois, Company C from Port Clinton, Ohio, and Company D from Harrodsburg, Kentucky, and the 194th Light Tank Battalion (410) composed of Company A from Brainerd, Minnesota, Company B from Saint Joseph, Missouri, and Company C from Salinas, California. (9) By maintaining their position and engaging the enemy for as long as they did, the troops at Bataan were able to change the momentum of the war, delaying the Japanese timetable to take control of the Southeast Pacific for needed war materials. (10) On April 9, 1942, approximately 12,000 members of the Armed Forces and 66,000 Filipino soldiers became prisoners of war with the surrender of the Armed Forces and Filipino forces on the Bataan Peninsula in the Philippines by Major General Edward P. King. They marched from Marviveles north to the San Fernando train station. At San Fernando, the men were packed standing in unventilated boxcars for the 24-mile journey by rail to Capas. Hundreds of men on the Death March remain unaccounted for from the march and its immediate aftermath. (13) Conditions at the prisoner-of-war camps were appalling, leading to increased disease and malnutrition, which precipitated extraordinary death rates of as high as 300 per day. (14) Thousands of troops fought under siege conditions on Corregidor (Fort Mills), a fortress island in Manila Bay, the headquarters of the wartime U.S. Army Forces in the Far East, and the nearby fortified islands of Fort Hughes, Fort Drum, and Fort Frank until May 6, 1942. (16) On June 6, 1942, the prisoners at Camp O'Donnell were transferred to Camp Cabanatuan, north of Camp O'Donnell. (18) Between September of 1942 and December of 1944, prisoners of war from the Armed Forces who had survived the horrific death march were shipped north for forced labor aboard ``hell ships'' and succumbed in great numbers because of the abysmal conditions. Many of those ships were mistakenly targeted by Allied naval forces because the Japanese military convoys were not properly labeled as carrying prisoners of war. The sinking of the Arisan Maru alone claimed nearly 1,800 lives of members of the Armed Forces. (19) The prisoners who remained in the camps suffered from continued mistreatment, malnutrition, lack of medical care, and horrific conditions until they were liberated in 1945. (20) The veterans of Bataan and Corregidor represented the best of the United States and the Philippines, hailed from various locales across both countries, and represented true diversity. (23) Many of the survivors of Bataan and Corregidor have died and those who remain continue to tell their stories. (24) The people of the United States and the Philippines are forever indebted to these men for-- (A) the courage and tenacity they demonstrated during the first 4 months of World War II fighting against enemy soldiers; and (B) the perseverance they demonstrated during 3 years of capture, imprisonment, and atrocious conditions, while maintaining dignity, honor, patriotism, and loyalty. 3. (b) Design and Striking.--For purposes of the award under subsection (a), the Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall 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 under subsection (a), the gold medal shall be given to the Smithsonian Institution, where it shall be displayed as appropriate and made available for research. 4. DUPLICATE MEDALS. (b) Selling of Duplicates.--The Secretary may sell such duplicates under subsection (a) at a price sufficient to cover the costs of such duplicates, including labor, materials, dies, use of machinery, and overhead expenses. (c) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals under subsection (b) shall be deposited in the United States Mint Public Enterprise Fund. SEC. 5. (b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items.

To award a Congressional Gold Medal to the troops from the United States and the Philippines who defended Bataan and Corregidor, in recognition of their personal sacrifice and service during World War II. Congress finds the following: (1) Hours after the attacks on Pearl Harbor, Hawaii, Imperial Japanese forces launched an attack on the Philippines, cutting off vital lines of communication to members of the Armed Forces of the United States (referred to in this Act as the ``Armed Forces'') and Filipino troops in the Far East under the command of General Douglas MacArthur. ( With the Armed Forces unable to deliver reinforcements, the Armed Forces and Filipino forces slowly deteriorated in combat effectiveness from-- (A) lack of food, supplies, and ammunition; (B) disease; and (C) no air and naval support. ( 6) By April 1942, troops from the United States and the Philippines had bravely and staunchly fought off enemy attacks in Bataan for more than 4 months under strenuous conditions that resulted in widespread starvation and disease. ( (B) 1,006 National Guardsmen of the 192nd GHQ Light Tank Battalion (596) composed of Company A from Janesville, Wisconsin, Company B from Maywood, Illinois, Company C from Port Clinton, Ohio, and Company D from Harrodsburg, Kentucky, and the 194th Light Tank Battalion (410) composed of Company A from Brainerd, Minnesota, Company B from Saint Joseph, Missouri, and Company C from Salinas, California. 9) By maintaining their position and engaging the enemy for as long as they did, the troops at Bataan were able to change the momentum of the war, delaying the Japanese timetable to take control of the Southeast Pacific for needed war materials. (11) Beginning on April 9, 1942, and lasting for almost 2 weeks, troops from the Armed Forces and the Philippines were taken prisoner and forced to march 65 miles without any food, water, or medical care in what came to be known as the ``Bataan Death March''. 14) Thousands of troops fought under siege conditions on Corregidor (Fort Mills), a fortress island in Manila Bay, the headquarters of the wartime U.S. Army Forces in the Far East, and the nearby fortified islands of Fort Hughes, Fort Drum, and Fort Frank until May 6, 1942. (15) On May 6, 1942, Corregidor, which had become the military command center for all the Philippines, United States Forces in the Philippines (USFIP), was surrendered by Lt. 18) Between September of 1942 and December of 1944, prisoners of war from the Armed Forces who had survived the horrific death march were shipped north for forced labor aboard ``hell ships'' and succumbed in great numbers because of the abysmal conditions. (21) Over the subsequent decades, the veterans of Bataan and Corregidor formed support groups, were honored in local and State memorials, and told their stories to all people of the United States. ( 22) The United States Navy has continued to honor the history and stories of the veterans of Bataan by naming 2 ships after the battle, including 1 ship that is still in service, the USS Bataan (LHD-5), in memory of their valor and honorable resistance against Imperial Japanese forces. ( (b) Design and Striking.--For purposes of the award under subsection (a), the Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall 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 under subsection (a), the gold medal shall be given to the Smithsonian Institution, where it shall be displayed as appropriate and made available for research. ( (a) National Medals.--Medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. ( b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items.

To award a Congressional Gold Medal to the troops from the United States and the Philippines who defended Bataan and Corregidor, in recognition of their personal sacrifice and service during World War II. Congress finds the following: (1) Hours after the attacks on Pearl Harbor, Hawaii, Imperial Japanese forces launched an attack on the Philippines, cutting off vital lines of communication to members of the Armed Forces of the United States (referred to in this Act as the ``Armed Forces'') and Filipino troops in the Far East under the command of General Douglas MacArthur. ( The surviving sailors, marines, and airmen were organized into provisional infantry units and sent to fight on the Bataan Peninsula. ( (7) Securing the withdrawal of Armed Forces on Luzon to the Bataan Peninsula were the following: (A) 1,809 New Mexico National Guardsmen from 200th and 515th Coast Artillery (Antiaircraft) regiments. 9) By maintaining their position and engaging the enemy for as long as they did, the troops at Bataan were able to change the momentum of the war, delaying the Japanese timetable to take control of the Southeast Pacific for needed war materials. At San Fernando, the men were packed standing in unventilated boxcars for the 24-mile journey by rail to Capas. 14) Thousands of troops fought under siege conditions on Corregidor (Fort Mills), a fortress island in Manila Bay, the headquarters of the wartime U.S. Army Forces in the Far East, and the nearby fortified islands of Fort Hughes, Fort Drum, and Fort Frank until May 6, 1942. ( General Jonathan M. Wainwright. (19) The prisoners who remained in the camps suffered from continued mistreatment, malnutrition, lack of medical care, and horrific conditions until they were liberated in 1945. ( 22) The United States Navy has continued to honor the history and stories of the veterans of Bataan by naming 2 ships after the battle, including 1 ship that is still in service, the USS Bataan (LHD-5), in memory of their valor and honorable resistance against Imperial Japanese forces. ( (2) Sense of congress.--It is the sense of Congress that the Smithsonian Institution should make the gold medal received under paragraph (1) available for display at other locations, particularly at locations that are associated with the prisoners of war at Bataan and the troops from the United States and the Philippines who defended Bataan and Corregidor. c) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals under subsection (b) shall be deposited in the United States Mint Public Enterprise Fund.

To award a Congressional Gold Medal to the troops from the United States and the Philippines who defended Bataan and Corregidor, in recognition of their personal sacrifice and service during World War II. Congress finds the following: (1) Hours after the attacks on Pearl Harbor, Hawaii, Imperial Japanese forces launched an attack on the Philippines, cutting off vital lines of communication to members of the Armed Forces of the United States (referred to in this Act as the ``Armed Forces'') and Filipino troops in the Far East under the command of General Douglas MacArthur. ( The surviving sailors, marines, and airmen were organized into provisional infantry units and sent to fight on the Bataan Peninsula. ( (7) Securing the withdrawal of Armed Forces on Luzon to the Bataan Peninsula were the following: (A) 1,809 New Mexico National Guardsmen from 200th and 515th Coast Artillery (Antiaircraft) regiments. 9) By maintaining their position and engaging the enemy for as long as they did, the troops at Bataan were able to change the momentum of the war, delaying the Japanese timetable to take control of the Southeast Pacific for needed war materials. At San Fernando, the men were packed standing in unventilated boxcars for the 24-mile journey by rail to Capas. 14) Thousands of troops fought under siege conditions on Corregidor (Fort Mills), a fortress island in Manila Bay, the headquarters of the wartime U.S. Army Forces in the Far East, and the nearby fortified islands of Fort Hughes, Fort Drum, and Fort Frank until May 6, 1942. ( General Jonathan M. Wainwright. (19) The prisoners who remained in the camps suffered from continued mistreatment, malnutrition, lack of medical care, and horrific conditions until they were liberated in 1945. ( 22) The United States Navy has continued to honor the history and stories of the veterans of Bataan by naming 2 ships after the battle, including 1 ship that is still in service, the USS Bataan (LHD-5), in memory of their valor and honorable resistance against Imperial Japanese forces. ( (2) Sense of congress.--It is the sense of Congress that the Smithsonian Institution should make the gold medal received under paragraph (1) available for display at other locations, particularly at locations that are associated with the prisoners of war at Bataan and the troops from the United States and the Philippines who defended Bataan and Corregidor. c) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals under subsection (b) shall be deposited in the United States Mint Public Enterprise Fund.

To award a Congressional Gold Medal to the troops from the United States and the Philippines who defended Bataan and Corregidor, in recognition of their personal sacrifice and service during World War II. Congress finds the following: (1) Hours after the attacks on Pearl Harbor, Hawaii, Imperial Japanese forces launched an attack on the Philippines, cutting off vital lines of communication to members of the Armed Forces of the United States (referred to in this Act as the ``Armed Forces'') and Filipino troops in the Far East under the command of General Douglas MacArthur. ( With the Armed Forces unable to deliver reinforcements, the Armed Forces and Filipino forces slowly deteriorated in combat effectiveness from-- (A) lack of food, supplies, and ammunition; (B) disease; and (C) no air and naval support. ( 6) By April 1942, troops from the United States and the Philippines had bravely and staunchly fought off enemy attacks in Bataan for more than 4 months under strenuous conditions that resulted in widespread starvation and disease. ( (B) 1,006 National Guardsmen of the 192nd GHQ Light Tank Battalion (596) composed of Company A from Janesville, Wisconsin, Company B from Maywood, Illinois, Company C from Port Clinton, Ohio, and Company D from Harrodsburg, Kentucky, and the 194th Light Tank Battalion (410) composed of Company A from Brainerd, Minnesota, Company B from Saint Joseph, Missouri, and Company C from Salinas, California. 9) By maintaining their position and engaging the enemy for as long as they did, the troops at Bataan were able to change the momentum of the war, delaying the Japanese timetable to take control of the Southeast Pacific for needed war materials. (11) Beginning on April 9, 1942, and lasting for almost 2 weeks, troops from the Armed Forces and the Philippines were taken prisoner and forced to march 65 miles without any food, water, or medical care in what came to be known as the ``Bataan Death March''. 14) Thousands of troops fought under siege conditions on Corregidor (Fort Mills), a fortress island in Manila Bay, the headquarters of the wartime U.S. Army Forces in the Far East, and the nearby fortified islands of Fort Hughes, Fort Drum, and Fort Frank until May 6, 1942. (15) On May 6, 1942, Corregidor, which had become the military command center for all the Philippines, United States Forces in the Philippines (USFIP), was surrendered by Lt. 18) Between September of 1942 and December of 1944, prisoners of war from the Armed Forces who had survived the horrific death march were shipped north for forced labor aboard ``hell ships'' and succumbed in great numbers because of the abysmal conditions. (21) Over the subsequent decades, the veterans of Bataan and Corregidor formed support groups, were honored in local and State memorials, and told their stories to all people of the United States. ( 22) The United States Navy has continued to honor the history and stories of the veterans of Bataan by naming 2 ships after the battle, including 1 ship that is still in service, the USS Bataan (LHD-5), in memory of their valor and honorable resistance against Imperial Japanese forces. ( (b) Design and Striking.--For purposes of the award under subsection (a), the Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall 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 under subsection (a), the gold medal shall be given to the Smithsonian Institution, where it shall be displayed as appropriate and made available for research. ( (a) National Medals.--Medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. ( b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items.

To award a Congressional Gold Medal to the troops from the United States and the Philippines who defended Bataan and Corregidor, in recognition of their personal sacrifice and service during World War II. Congress finds the following: (1) Hours after the attacks on Pearl Harbor, Hawaii, Imperial Japanese forces launched an attack on the Philippines, cutting off vital lines of communication to members of the Armed Forces of the United States (referred to in this Act as the ``Armed Forces'') and Filipino troops in the Far East under the command of General Douglas MacArthur. ( The surviving sailors, marines, and airmen were organized into provisional infantry units and sent to fight on the Bataan Peninsula. ( (7) Securing the withdrawal of Armed Forces on Luzon to the Bataan Peninsula were the following: (A) 1,809 New Mexico National Guardsmen from 200th and 515th Coast Artillery (Antiaircraft) regiments. 9) By maintaining their position and engaging the enemy for as long as they did, the troops at Bataan were able to change the momentum of the war, delaying the Japanese timetable to take control of the Southeast Pacific for needed war materials. At San Fernando, the men were packed standing in unventilated boxcars for the 24-mile journey by rail to Capas. 14) Thousands of troops fought under siege conditions on Corregidor (Fort Mills), a fortress island in Manila Bay, the headquarters of the wartime U.S. Army Forces in the Far East, and the nearby fortified islands of Fort Hughes, Fort Drum, and Fort Frank until May 6, 1942. ( General Jonathan M. Wainwright. (19) The prisoners who remained in the camps suffered from continued mistreatment, malnutrition, lack of medical care, and horrific conditions until they were liberated in 1945. ( 22) The United States Navy has continued to honor the history and stories of the veterans of Bataan by naming 2 ships after the battle, including 1 ship that is still in service, the USS Bataan (LHD-5), in memory of their valor and honorable resistance against Imperial Japanese forces. ( (2) Sense of congress.--It is the sense of Congress that the Smithsonian Institution should make the gold medal received under paragraph (1) available for display at other locations, particularly at locations that are associated with the prisoners of war at Bataan and the troops from the United States and the Philippines who defended Bataan and Corregidor. c) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals under subsection (b) shall be deposited in the United States Mint Public Enterprise Fund.

To award a Congressional Gold Medal to the troops from the United States and the Philippines who defended Bataan and Corregidor, in recognition of their personal sacrifice and service during World War II. Congress finds the following: (1) Hours after the attacks on Pearl Harbor, Hawaii, Imperial Japanese forces launched an attack on the Philippines, cutting off vital lines of communication to members of the Armed Forces of the United States (referred to in this Act as the ``Armed Forces'') and Filipino troops in the Far East under the command of General Douglas MacArthur. ( With the Armed Forces unable to deliver reinforcements, the Armed Forces and Filipino forces slowly deteriorated in combat effectiveness from-- (A) lack of food, supplies, and ammunition; (B) disease; and (C) no air and naval support. ( 6) By April 1942, troops from the United States and the Philippines had bravely and staunchly fought off enemy attacks in Bataan for more than 4 months under strenuous conditions that resulted in widespread starvation and disease. ( (B) 1,006 National Guardsmen of the 192nd GHQ Light Tank Battalion (596) composed of Company A from Janesville, Wisconsin, Company B from Maywood, Illinois, Company C from Port Clinton, Ohio, and Company D from Harrodsburg, Kentucky, and the 194th Light Tank Battalion (410) composed of Company A from Brainerd, Minnesota, Company B from Saint Joseph, Missouri, and Company C from Salinas, California. 9) By maintaining their position and engaging the enemy for as long as they did, the troops at Bataan were able to change the momentum of the war, delaying the Japanese timetable to take control of the Southeast Pacific for needed war materials. (11) Beginning on April 9, 1942, and lasting for almost 2 weeks, troops from the Armed Forces and the Philippines were taken prisoner and forced to march 65 miles without any food, water, or medical care in what came to be known as the ``Bataan Death March''. 14) Thousands of troops fought under siege conditions on Corregidor (Fort Mills), a fortress island in Manila Bay, the headquarters of the wartime U.S. Army Forces in the Far East, and the nearby fortified islands of Fort Hughes, Fort Drum, and Fort Frank until May 6, 1942. (15) On May 6, 1942, Corregidor, which had become the military command center for all the Philippines, United States Forces in the Philippines (USFIP), was surrendered by Lt. 18) Between September of 1942 and December of 1944, prisoners of war from the Armed Forces who had survived the horrific death march were shipped north for forced labor aboard ``hell ships'' and succumbed in great numbers because of the abysmal conditions. (21) Over the subsequent decades, the veterans of Bataan and Corregidor formed support groups, were honored in local and State memorials, and told their stories to all people of the United States. ( 22) The United States Navy has continued to honor the history and stories of the veterans of Bataan by naming 2 ships after the battle, including 1 ship that is still in service, the USS Bataan (LHD-5), in memory of their valor and honorable resistance against Imperial Japanese forces. ( (b) Design and Striking.--For purposes of the award under subsection (a), the Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall 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 under subsection (a), the gold medal shall be given to the Smithsonian Institution, where it shall be displayed as appropriate and made available for research. ( (a) National Medals.--Medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. ( b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items.

To award a Congressional Gold Medal to the troops from the United States and the Philippines who defended Bataan and Corregidor, in recognition of their personal sacrifice and service during World War II. Congress finds the following: (1) Hours after the attacks on Pearl Harbor, Hawaii, Imperial Japanese forces launched an attack on the Philippines, cutting off vital lines of communication to members of the Armed Forces of the United States (referred to in this Act as the ``Armed Forces'') and Filipino troops in the Far East under the command of General Douglas MacArthur. ( The surviving sailors, marines, and airmen were organized into provisional infantry units and sent to fight on the Bataan Peninsula. ( (7) Securing the withdrawal of Armed Forces on Luzon to the Bataan Peninsula were the following: (A) 1,809 New Mexico National Guardsmen from 200th and 515th Coast Artillery (Antiaircraft) regiments. 9) By maintaining their position and engaging the enemy for as long as they did, the troops at Bataan were able to change the momentum of the war, delaying the Japanese timetable to take control of the Southeast Pacific for needed war materials. At San Fernando, the men were packed standing in unventilated boxcars for the 24-mile journey by rail to Capas. 14) Thousands of troops fought under siege conditions on Corregidor (Fort Mills), a fortress island in Manila Bay, the headquarters of the wartime U.S. Army Forces in the Far East, and the nearby fortified islands of Fort Hughes, Fort Drum, and Fort Frank until May 6, 1942. ( General Jonathan M. Wainwright. (19) The prisoners who remained in the camps suffered from continued mistreatment, malnutrition, lack of medical care, and horrific conditions until they were liberated in 1945. ( 22) The United States Navy has continued to honor the history and stories of the veterans of Bataan by naming 2 ships after the battle, including 1 ship that is still in service, the USS Bataan (LHD-5), in memory of their valor and honorable resistance against Imperial Japanese forces. ( (2) Sense of congress.--It is the sense of Congress that the Smithsonian Institution should make the gold medal received under paragraph (1) available for display at other locations, particularly at locations that are associated with the prisoners of war at Bataan and the troops from the United States and the Philippines who defended Bataan and Corregidor. c) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals under subsection (b) shall be deposited in the United States Mint Public Enterprise Fund.

To award a Congressional Gold Medal to the troops from the United States and the Philippines who defended Bataan and Corregidor, in recognition of their personal sacrifice and service during World War II. Congress finds the following: (1) Hours after the attacks on Pearl Harbor, Hawaii, Imperial Japanese forces launched an attack on the Philippines, cutting off vital lines of communication to members of the Armed Forces of the United States (referred to in this Act as the ``Armed Forces'') and Filipino troops in the Far East under the command of General Douglas MacArthur. ( 9) By maintaining their position and engaging the enemy for as long as they did, the troops at Bataan were able to change the momentum of the war, delaying the Japanese timetable to take control of the Southeast Pacific for needed war materials. ( 14) Thousands of troops fought under siege conditions on Corregidor (Fort Mills), a fortress island in Manila Bay, the headquarters of the wartime U.S. Army Forces in the Far East, and the nearby fortified islands of Fort Hughes, Fort Drum, and Fort Frank until May 6, 1942. ( ( 22) The United States Navy has continued to honor the history and stories of the veterans of Bataan by naming 2 ships after the battle, including 1 ship that is still in service, the USS Bataan (LHD-5), in memory of their valor and honorable resistance against Imperial Japanese forces. ( ( b) Design and Striking.--For purposes of the award under subsection (a), the Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall strike the gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (

To award a Congressional Gold Medal to the troops from the United States and the Philippines who defended Bataan and Corregidor, in recognition of their personal sacrifice and service during World War II. 14) Thousands of troops fought under siege conditions on Corregidor (Fort Mills), a fortress island in Manila Bay, the headquarters of the wartime U.S. Army Forces in the Far East, and the nearby fortified islands of Fort Hughes, Fort Drum, and Fort Frank until May 6, 1942. ( ( (2) Sense of congress.--It is the sense of Congress that the Smithsonian Institution should make the gold medal received under paragraph (1) available for display at other locations, particularly at locations that are associated with the prisoners of war at Bataan and the troops from the United States and the Philippines who defended Bataan and Corregidor. c) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals under subsection (b) shall be deposited in the United States Mint Public Enterprise Fund.

To award a Congressional Gold Medal to the troops from the United States and the Philippines who defended Bataan and Corregidor, in recognition of their personal sacrifice and service during World War II. Congress finds the following: (1) Hours after the attacks on Pearl Harbor, Hawaii, Imperial Japanese forces launched an attack on the Philippines, cutting off vital lines of communication to members of the Armed Forces of the United States (referred to in this Act as the ``Armed Forces'') and Filipino troops in the Far East under the command of General Douglas MacArthur. ( 9) By maintaining their position and engaging the enemy for as long as they did, the troops at Bataan were able to change the momentum of the war, delaying the Japanese timetable to take control of the Southeast Pacific for needed war materials. ( 14) Thousands of troops fought under siege conditions on Corregidor (Fort Mills), a fortress island in Manila Bay, the headquarters of the wartime U.S. Army Forces in the Far East, and the nearby fortified islands of Fort Hughes, Fort Drum, and Fort Frank until May 6, 1942. ( ( 22) The United States Navy has continued to honor the history and stories of the veterans of Bataan by naming 2 ships after the battle, including 1 ship that is still in service, the USS Bataan (LHD-5), in memory of their valor and honorable resistance against Imperial Japanese forces. ( ( b) Design and Striking.--For purposes of the award under subsection (a), the Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall strike the gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (

Defenders of Bataan and Corregidor Congressional Gold Medal Act - Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the award of a Congressional Gold medal to the troops from the United States and the Philippines who defended Bataen and Corregon during World War II. Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to make appropriate arrangements for the collective award, on behalf of Congress, of a gold medal of appropriate design to the troops from the United States and the Philippines who defended Bataan and Corregidor in recognition of their personal sacrifice and service during World War II. (Sec. 3)

H.R.8087

Government Operations and Politics

LEO Fair Retirement Act of 2022 This bill makes a series of changes to certain retirement and premium pay calculations for federal law enforcement officers (LEOs). Specifically, the bill provides that for purposes of computing the annuity of an LEO under the Civil Service Retirement System and the Federal Employees Retirement System, any premium pay earned by such LEO in excess of limitations imposed on such pay shall be included in the LEO's average pay, contingent on the payment of a specified lump sum by the LEO to the Office of Personnel Management. The bill allows for a nonrefundable tax credit with respect to such lump-sum payments. The bill also makes postal inspectors, federal air marshals, and other specified personnel eligible for availability pay (i.e., premium pay paid to LEOs who are criminal investigators).

To amend title 5, United States Code, to provide that for purposes of computing the annuity of certain law enforcement officers, any hours worked in excess of the limitation applicable to law enforcement premium pay shall be included in such computation, and for other 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 ``LEO Fair Retirement Act of 2022''. (b) Findings.--Congress finds the following: (1) Federal law enforcement officers are never ``off- duty''. They are counted on to respond at any time of the day or night, regardless of their official duty status, to protect the public safety. Outside of our Nation's Armed Forces, theirs is the only profession comprised of individuals who are routinely called upon to put their lives on the line to keep America safe. (2) Though the Federal Government may house the largest variety of occupations of any U.S. employer across its panoply of agencies and entities, Federal law enforcement is absolutely unique among them, and the Federal law enforcement officer has no counterpart in the private sector. It is one of the most stressful, most dangerous, and most rewarding careers for those who meet the rigorous requirements of the job. (3) It was in recognition of the unique nature of the occupation, and the demanding schedules required of those who fill its ranks, that Congress established distinct pay and benefit systems for Federal law enforcement positions. This includes basic pay, retirement, and even overtime compensation. (4) Under current law, however, the payment of overtime compensation is limited, and is only payable to the extent that the payments do not cause the aggregate of the law enforcement officer's biweekly or annual pay to exceed the pay caps established under section 5547 of title 5, United States Code. This often results in a law enforcement officer working significant amounts of overtime hours year after year for which the officer is never compensated. (5) In light of the continuing homeland and national security threats facing our Nation, it is in the interest of the Federal Government to ensure that it can continue to recruit and retain the highest caliber personnel by allowing Federal law enforcement officers the opportunity to reclaim full credit in retirement for overtime hours worked but never paid. SEC. 2. COMPUTATION OF ANNUITY FOR HOURS WORKED IN EXCESS OF LAW ENFORCEMENT PREMIUM PAY LIMITATIONS. (a) CSRS.-- (1) In general.--Section 8339 of title 5, United States Code, is amended by adding at the end the following: ``(v)(1) Notwithstanding any other provision of this title, including sections 5545a and 5547, and consistent with the requirements of paragraph (2), any premium pay described in section 5547(a) that would have been received by a law enforcement officer but for the limitation provided in such section shall be included in the average pay of such officer for purposes of computing the annuity of such officer under this section. ``(2)(A) Paragraph (1) shall not apply unless the law enforcement officer makes a lump-sum payment to the Office in the manner prescribed under this paragraph. ``(B) The officer may-- ``(i) not later than 180 days before the date that the officer's annuity will commence, request from the Office an estimate (expressed as a dollar figure) of-- ``(I) the lump-sum payment described under subparagraph (C); ``(II) the amount of the officer's monthly annuity payment if the officer elects to make the lump-sum payment and receive an amended annuity that includes the application of paragraph (1); and ``(III) the amount of such officer's monthly annuity payment if the officer does not make such an election; and ``(ii) consistent with the requirements of subparagraph (D), not later than 90 days after receipt of the estimate under clause (i), irrevocably elect to make the lump-sum payment to the Office. ``(C) If a law enforcement officer makes an election pursuant to subparagraph (B)(ii), such officer shall make a lump-sum payment to the Office equal to the difference between-- ``(i) the amount that would have been contributed by the officer and the employer under section 8334 during the 3 consecutive years used to determine average pay (as described under section 8331(4)) if the rate of basic pay of the officer during such period of years included any premium pay described in section 5547(a) that would have been received by a law enforcement officer but for the limitation provided in such section; and ``(ii) the amount that was so contributed during such period of years. ``(D) The officer may elect an actuarial annuity reduction, consistent with regulations prescribed by the Office, in lieu of the lump-sum payment required under subparagraphs (B) and (C). ``(3) In this subsection, the term `law enforcement officer' has the meaning given the term `qualified public safety employee' in section 72(t)(10) of the Internal Revenue Code of 1986.''. (2) Clarification with respect to annuity limit.--The limitation provided in section 8339(f) of title 5, United States Code, shall apply to any annuity calculated pursuant to subsection (v) of such section (as added by paragraph (1)). (b) FERS.--Section 8415 of title 5, United States Code, is amended by adding at the end the following: ``(o)(1) Notwithstanding any other provision of this title, including sections 5545a and 5547, and consistent with the requirements of paragraph (2), any premium pay described in section 5547(a) that would have been received by a law enforcement officer but for the limitation provided in such section shall be included in the average pay of such officer for purposes of computing the annuity of such officer under this section. ``(2) Paragraph (1) shall not apply unless the law enforcement officer makes a lump-sum payment to the Office in the same manner as prescribed under section 8339(v)(2). ``(3) In this subsection, the term `law enforcement officer' has the meaning given the term `qualified public safety employee' in section 72(t)(10) of the Internal Revenue Code of 1986.''. (c) Application.--The amendments made by subsection (a) and (b) shall apply to any applicable annuity calculated on or after the date that is one year after the date of enactment of this Act. (d) Regulations.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Director of the Office of Personnel Management shall promulgate regulations to carry out sections 8339(v) and 8415(o) of title 5, United States Code, as added by subsections (a) and (b). (2) Lump-sum payment.--Such regulations shall include-- (A) procedures under which any law enforcement officer covered by such sections may make the lump-sum payment as described under sections 8339(v)(2) and 8415(o)(2) of title 5, United States Code, as added by subsections (a) and (b), from amounts within the officer's Thrift Savings Fund account; and (B) procedures, promulgated in consultation with the Thrift Savings Board, under which a transfer may be made from such account to the Office of Personnel Management. (3) Solicitation of payroll information.--Such regulations shall include-- (A) guidance for agencies employing law enforcement officers for proper retention of payroll information required to carry out the amendments made by subsection (a) and (b), including, for each creditable year of service, the difference between the amount the law enforcement officer received in gross compensation and the amount that would have been received as gross compensation but for the application of the premium pay caps in section 5547 of title 5, United States Code; and (B) procedures for the Director to solicit sufficient payroll information from the head of each applicable agency to provide for the computations required by the amendments made by this Act. SEC. 3. ELIGIBILITY FOR AVAILABILITY PAY. (a) In General.--Section 5545a of title 5, United States Code, is amended by adding at the end the following: ``(l)(1) The provisions of subsections (a)-(h) providing for availability pay shall apply to a covered employee. For the purpose of this section, section 5542(d) of this title, and section 13(a)(16) and (b)(30) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(16) and (b)(30)), a covered employee shall be deemed to be a criminal investigator as defined in this section. ``(2) In this subsection, the term `covered employee' means-- ``(A) a Postal Inspector (referred to in section 1003(c) of title 39); ``(B) a criminal investigator classified under the GS-1811 series (or any successor series); ``(C) a Federal air marshal; ``(D) a special agent in the Diplomatic Security Service; ``(E) a probation officer (referred to in section 3672 of title 18); and ``(F) a pretrial services officer (referred to in section 3153 of title 18).''. (b) Conforming Amendment.--Section 410(b)(11) of title 39, United States Code, is amended by striking ``Section 5520a'' and inserting ``Sections 5520a and 5545a''. SEC. 4. CREDIT FOR CERTAIN LUMP-SUM PAYMENTS OF UNCOMPENSATED LAW ENFORCEMENT PREMIUM PAY. (a) In General.--In the case of an individual, there shall be allowed as a credit against the tax imposed by chapter 1 of the Internal Revenue Code of 1986 for the taxable year an amount equal to the sum of the lump-sum payments made by the individual during such taxable year pursuant to section 8339(v)(2) or 8415(o)(2) of title 5, United States Code, with respect to an annuity of such individual. (b) Treated as Non-Refundable Personal Credit.--For purposes of the Internal Revenue Code of 1986, the credit allowed under subsection (a) shall be treated as a credit allowed under subpart A of part IV of subchapter A of chapter 1 of such Code. <all>

LEO Fair Retirement Act of 2022

To amend title 5, United States Code, to provide that for purposes of computing the annuity of certain law enforcement officers, any hours worked in excess of the limitation applicable to law enforcement premium pay shall be included in such computation, and for other purposes.

LEO Fair Retirement Act of 2022

Rep. Pascrell, Bill, Jr.

D

NJ

This bill makes a series of changes to certain retirement and premium pay calculations for federal law enforcement officers (LEOs). Specifically, the bill provides that for purposes of computing the annuity of an LEO under the Civil Service Retirement System and the Federal Employees Retirement System, any premium pay earned by such LEO in excess of limitations imposed on such pay shall be included in the LEO's average pay, contingent on the payment of a specified lump sum by the LEO to the Office of Personnel Management. The bill allows for a nonrefundable tax credit with respect to such lump-sum payments. The bill also makes postal inspectors, federal air marshals, and other specified personnel eligible for availability pay (i.e., premium pay paid to LEOs who are criminal investigators).

SHORT TITLE; FINDINGS. They are counted on to respond at any time of the day or night, regardless of their official duty status, to protect the public safety. Outside of our Nation's Armed Forces, theirs is the only profession comprised of individuals who are routinely called upon to put their lives on the line to keep America safe. (2) Though the Federal Government may house the largest variety of occupations of any U.S. employer across its panoply of agencies and entities, Federal law enforcement is absolutely unique among them, and the Federal law enforcement officer has no counterpart in the private sector. This includes basic pay, retirement, and even overtime compensation. This often results in a law enforcement officer working significant amounts of overtime hours year after year for which the officer is never compensated. 2. (b) FERS.--Section 8415 of title 5, United States Code, is amended by adding at the end the following: ``(o)(1) Notwithstanding any other provision of this title, including sections 5545a and 5547, and consistent with the requirements of paragraph (2), any premium pay described in section 5547(a) that would have been received by a law enforcement officer but for the limitation provided in such section shall be included in the average pay of such officer for purposes of computing the annuity of such officer under this section. ``(2) Paragraph (1) shall not apply unless the law enforcement officer makes a lump-sum payment to the Office in the same manner as prescribed under section 8339(v)(2). ``(3) In this subsection, the term `law enforcement officer' has the meaning given the term `qualified public safety employee' in section 72(t)(10) of the Internal Revenue Code of 1986.''. (c) Application.--The amendments made by subsection (a) and (b) shall apply to any applicable annuity calculated on or after the date that is one year after the date of enactment of this Act. (d) Regulations.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Director of the Office of Personnel Management shall promulgate regulations to carry out sections 8339(v) and 8415(o) of title 5, United States Code, as added by subsections (a) and (b). 3. ELIGIBILITY FOR AVAILABILITY PAY. 213(a)(16) and (b)(30)), a covered employee shall be deemed to be a criminal investigator as defined in this section. ``(2) In this subsection, the term `covered employee' means-- ``(A) a Postal Inspector (referred to in section 1003(c) of title 39); ``(B) a criminal investigator classified under the GS-1811 series (or any successor series); ``(C) a Federal air marshal; ``(D) a special agent in the Diplomatic Security Service; ``(E) a probation officer (referred to in section 3672 of title 18); and ``(F) a pretrial services officer (referred to in section 3153 of title 18).''. SEC. 4. CREDIT FOR CERTAIN LUMP-SUM PAYMENTS OF UNCOMPENSATED LAW ENFORCEMENT PREMIUM PAY.

SHORT TITLE; FINDINGS. They are counted on to respond at any time of the day or night, regardless of their official duty status, to protect the public safety. Outside of our Nation's Armed Forces, theirs is the only profession comprised of individuals who are routinely called upon to put their lives on the line to keep America safe. (2) Though the Federal Government may house the largest variety of occupations of any U.S. employer across its panoply of agencies and entities, Federal law enforcement is absolutely unique among them, and the Federal law enforcement officer has no counterpart in the private sector. This includes basic pay, retirement, and even overtime compensation. This often results in a law enforcement officer working significant amounts of overtime hours year after year for which the officer is never compensated. 2. (b) FERS.--Section 8415 of title 5, United States Code, is amended by adding at the end the following: ``(o)(1) Notwithstanding any other provision of this title, including sections 5545a and 5547, and consistent with the requirements of paragraph (2), any premium pay described in section 5547(a) that would have been received by a law enforcement officer but for the limitation provided in such section shall be included in the average pay of such officer for purposes of computing the annuity of such officer under this section. ``(2) Paragraph (1) shall not apply unless the law enforcement officer makes a lump-sum payment to the Office in the same manner as prescribed under section 8339(v)(2). ``(3) In this subsection, the term `law enforcement officer' has the meaning given the term `qualified public safety employee' in section 72(t)(10) of the Internal Revenue Code of 1986.''. (c) Application.--The amendments made by subsection (a) and (b) shall apply to any applicable annuity calculated on or after the date that is one year after the date of enactment of this Act. 3. 213(a)(16) and (b)(30)), a covered employee shall be deemed to be a criminal investigator as defined in this section. SEC. 4. CREDIT FOR CERTAIN LUMP-SUM PAYMENTS OF UNCOMPENSATED LAW ENFORCEMENT PREMIUM PAY.

SHORT TITLE; FINDINGS. They are counted on to respond at any time of the day or night, regardless of their official duty status, to protect the public safety. Outside of our Nation's Armed Forces, theirs is the only profession comprised of individuals who are routinely called upon to put their lives on the line to keep America safe. (2) Though the Federal Government may house the largest variety of occupations of any U.S. employer across its panoply of agencies and entities, Federal law enforcement is absolutely unique among them, and the Federal law enforcement officer has no counterpart in the private sector. It is one of the most stressful, most dangerous, and most rewarding careers for those who meet the rigorous requirements of the job. (3) It was in recognition of the unique nature of the occupation, and the demanding schedules required of those who fill its ranks, that Congress established distinct pay and benefit systems for Federal law enforcement positions. This includes basic pay, retirement, and even overtime compensation. This often results in a law enforcement officer working significant amounts of overtime hours year after year for which the officer is never compensated. 2. COMPUTATION OF ANNUITY FOR HOURS WORKED IN EXCESS OF LAW ENFORCEMENT PREMIUM PAY LIMITATIONS. ``(B) The officer may-- ``(i) not later than 180 days before the date that the officer's annuity will commence, request from the Office an estimate (expressed as a dollar figure) of-- ``(I) the lump-sum payment described under subparagraph (C); ``(II) the amount of the officer's monthly annuity payment if the officer elects to make the lump-sum payment and receive an amended annuity that includes the application of paragraph (1); and ``(III) the amount of such officer's monthly annuity payment if the officer does not make such an election; and ``(ii) consistent with the requirements of subparagraph (D), not later than 90 days after receipt of the estimate under clause (i), irrevocably elect to make the lump-sum payment to the Office. (b) FERS.--Section 8415 of title 5, United States Code, is amended by adding at the end the following: ``(o)(1) Notwithstanding any other provision of this title, including sections 5545a and 5547, and consistent with the requirements of paragraph (2), any premium pay described in section 5547(a) that would have been received by a law enforcement officer but for the limitation provided in such section shall be included in the average pay of such officer for purposes of computing the annuity of such officer under this section. ``(2) Paragraph (1) shall not apply unless the law enforcement officer makes a lump-sum payment to the Office in the same manner as prescribed under section 8339(v)(2). ``(3) In this subsection, the term `law enforcement officer' has the meaning given the term `qualified public safety employee' in section 72(t)(10) of the Internal Revenue Code of 1986.''. (c) Application.--The amendments made by subsection (a) and (b) shall apply to any applicable annuity calculated on or after the date that is one year after the date of enactment of this Act. (d) Regulations.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Director of the Office of Personnel Management shall promulgate regulations to carry out sections 8339(v) and 8415(o) of title 5, United States Code, as added by subsections (a) and (b). 3. ELIGIBILITY FOR AVAILABILITY PAY. 213(a)(16) and (b)(30)), a covered employee shall be deemed to be a criminal investigator as defined in this section. ``(2) In this subsection, the term `covered employee' means-- ``(A) a Postal Inspector (referred to in section 1003(c) of title 39); ``(B) a criminal investigator classified under the GS-1811 series (or any successor series); ``(C) a Federal air marshal; ``(D) a special agent in the Diplomatic Security Service; ``(E) a probation officer (referred to in section 3672 of title 18); and ``(F) a pretrial services officer (referred to in section 3153 of title 18).''. SEC. 4. CREDIT FOR CERTAIN LUMP-SUM PAYMENTS OF UNCOMPENSATED LAW ENFORCEMENT PREMIUM PAY. (b) Treated as Non-Refundable Personal Credit.--For purposes of the Internal Revenue Code of 1986, the credit allowed under subsection (a) shall be treated as a credit allowed under subpart A of part IV of subchapter A of chapter 1 of such Code.

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 ``LEO Fair Retirement Act of 2022''. They are counted on to respond at any time of the day or night, regardless of their official duty status, to protect the public safety. Outside of our Nation's Armed Forces, theirs is the only profession comprised of individuals who are routinely called upon to put their lives on the line to keep America safe. (2) Though the Federal Government may house the largest variety of occupations of any U.S. employer across its panoply of agencies and entities, Federal law enforcement is absolutely unique among them, and the Federal law enforcement officer has no counterpart in the private sector. It is one of the most stressful, most dangerous, and most rewarding careers for those who meet the rigorous requirements of the job. (3) It was in recognition of the unique nature of the occupation, and the demanding schedules required of those who fill its ranks, that Congress established distinct pay and benefit systems for Federal law enforcement positions. This includes basic pay, retirement, and even overtime compensation. This often results in a law enforcement officer working significant amounts of overtime hours year after year for which the officer is never compensated. (5) In light of the continuing homeland and national security threats facing our Nation, it is in the interest of the Federal Government to ensure that it can continue to recruit and retain the highest caliber personnel by allowing Federal law enforcement officers the opportunity to reclaim full credit in retirement for overtime hours worked but never paid. 2. COMPUTATION OF ANNUITY FOR HOURS WORKED IN EXCESS OF LAW ENFORCEMENT PREMIUM PAY LIMITATIONS. ``(B) The officer may-- ``(i) not later than 180 days before the date that the officer's annuity will commence, request from the Office an estimate (expressed as a dollar figure) of-- ``(I) the lump-sum payment described under subparagraph (C); ``(II) the amount of the officer's monthly annuity payment if the officer elects to make the lump-sum payment and receive an amended annuity that includes the application of paragraph (1); and ``(III) the amount of such officer's monthly annuity payment if the officer does not make such an election; and ``(ii) consistent with the requirements of subparagraph (D), not later than 90 days after receipt of the estimate under clause (i), irrevocably elect to make the lump-sum payment to the Office. (b) FERS.--Section 8415 of title 5, United States Code, is amended by adding at the end the following: ``(o)(1) Notwithstanding any other provision of this title, including sections 5545a and 5547, and consistent with the requirements of paragraph (2), any premium pay described in section 5547(a) that would have been received by a law enforcement officer but for the limitation provided in such section shall be included in the average pay of such officer for purposes of computing the annuity of such officer under this section. ``(2) Paragraph (1) shall not apply unless the law enforcement officer makes a lump-sum payment to the Office in the same manner as prescribed under section 8339(v)(2). ``(3) In this subsection, the term `law enforcement officer' has the meaning given the term `qualified public safety employee' in section 72(t)(10) of the Internal Revenue Code of 1986.''. (c) Application.--The amendments made by subsection (a) and (b) shall apply to any applicable annuity calculated on or after the date that is one year after the date of enactment of this Act. (d) Regulations.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Director of the Office of Personnel Management shall promulgate regulations to carry out sections 8339(v) and 8415(o) of title 5, United States Code, as added by subsections (a) and (b). (3) Solicitation of payroll information.--Such regulations shall include-- (A) guidance for agencies employing law enforcement officers for proper retention of payroll information required to carry out the amendments made by subsection (a) and (b), including, for each creditable year of service, the difference between the amount the law enforcement officer received in gross compensation and the amount that would have been received as gross compensation but for the application of the premium pay caps in section 5547 of title 5, United States Code; and (B) procedures for the Director to solicit sufficient payroll information from the head of each applicable agency to provide for the computations required by the amendments made by this Act. 3. ELIGIBILITY FOR AVAILABILITY PAY. 213(a)(16) and (b)(30)), a covered employee shall be deemed to be a criminal investigator as defined in this section. ``(2) In this subsection, the term `covered employee' means-- ``(A) a Postal Inspector (referred to in section 1003(c) of title 39); ``(B) a criminal investigator classified under the GS-1811 series (or any successor series); ``(C) a Federal air marshal; ``(D) a special agent in the Diplomatic Security Service; ``(E) a probation officer (referred to in section 3672 of title 18); and ``(F) a pretrial services officer (referred to in section 3153 of title 18).''. (b) Conforming Amendment.--Section 410(b)(11) of title 39, United States Code, is amended by striking ``Section 5520a'' and inserting ``Sections 5520a and 5545a''. SEC. 4. CREDIT FOR CERTAIN LUMP-SUM PAYMENTS OF UNCOMPENSATED LAW ENFORCEMENT PREMIUM PAY. (b) Treated as Non-Refundable Personal Credit.--For purposes of the Internal Revenue Code of 1986, the credit allowed under subsection (a) shall be treated as a credit allowed under subpart A of part IV of subchapter A of chapter 1 of such Code.

To amend title 5, United States Code, to provide that for purposes of computing the annuity of certain law enforcement officers, any hours worked in excess of the limitation applicable to law enforcement premium pay shall be included in such computation, and for other purposes. 2) Though the Federal Government may house the largest variety of occupations of any U.S. employer across its panoply of agencies and entities, Federal law enforcement is absolutely unique among them, and the Federal law enforcement officer has no counterpart in the private sector. (3) It was in recognition of the unique nature of the occupation, and the demanding schedules required of those who fill its ranks, that Congress established distinct pay and benefit systems for Federal law enforcement positions. 5) In light of the continuing homeland and national security threats facing our Nation, it is in the interest of the Federal Government to ensure that it can continue to recruit and retain the highest caliber personnel by allowing Federal law enforcement officers the opportunity to reclaim full credit in retirement for overtime hours worked but never paid. (a) CSRS.-- (1) In general.--Section 8339 of title 5, United States Code, is amended by adding at the end the following: ``(v)(1) Notwithstanding any other provision of this title, including sections 5545a and 5547, and consistent with the requirements of paragraph (2), any premium pay described in section 5547(a) that would have been received by a law enforcement officer but for the limitation provided in such section shall be included in the average pay of such officer for purposes of computing the annuity of such officer under this section. ``(2)(A) Paragraph (1) shall not apply unless the law enforcement officer makes a lump-sum payment to the Office in the manner prescribed under this paragraph. ``(D) The officer may elect an actuarial annuity reduction, consistent with regulations prescribed by the Office, in lieu of the lump-sum payment required under subparagraphs (B) and (C). 2) Clarification with respect to annuity limit.--The limitation provided in section 8339(f) of title 5, United States Code, shall apply to any annuity calculated pursuant to subsection (v) of such section (as added by paragraph (1)). (b) FERS.--Section 8415 of title 5, United States Code, is amended by adding at the end the following: ``(o)(1) Notwithstanding any other provision of this title, including sections 5545a and 5547, and consistent with the requirements of paragraph (2), any premium pay described in section 5547(a) that would have been received by a law enforcement officer but for the limitation provided in such section shall be included in the average pay of such officer for purposes of computing the annuity of such officer under this section. c) Application.--The amendments made by subsection (a) and (b) shall apply to any applicable annuity calculated on or after the date that is one year after the date of enactment of this Act. ( (2) Lump-sum payment.--Such regulations shall include-- (A) procedures under which any law enforcement officer covered by such sections may make the lump-sum payment as described under sections 8339(v)(2) and 8415(o)(2) of title 5, United States Code, as added by subsections (a) and (b), from amounts within the officer's Thrift Savings Fund account; and (B) procedures, promulgated in consultation with the Thrift Savings Board, under which a transfer may be made from such account to the Office of Personnel Management. ( ELIGIBILITY FOR AVAILABILITY PAY. ( For the purpose of this section, section 5542(d) of this title, and section 13(a)(16) and (b)(30) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(16) and (b)(30)), a covered employee shall be deemed to be a criminal investigator as defined in this section. ``(2) In this subsection, the term `covered employee' means-- ``(A) a Postal Inspector (referred to in section 1003(c) of title 39); ``(B) a criminal investigator classified under the GS-1811 series (or any successor series); ``(C) a Federal air marshal; ``(D) a special agent in the Diplomatic Security Service; ``(E) a probation officer (referred to in section 3672 of title 18); and ``(F) a pretrial services officer (referred to in section 3153 of title 18).''. ( (b) Treated as Non-Refundable Personal Credit.--For purposes of the Internal Revenue Code of 1986, the credit allowed under subsection (a) shall be treated as a credit allowed under subpart A of part IV of subchapter A of chapter 1 of such Code.

To amend title 5, United States Code, to provide that for purposes of computing the annuity of certain law enforcement officers, any hours worked in excess of the limitation applicable to law enforcement premium pay shall be included in such computation, and for other purposes. SHORT TITLE; FINDINGS. ( 2) Though the Federal Government may house the largest variety of occupations of any U.S. employer across its panoply of agencies and entities, Federal law enforcement is absolutely unique among them, and the Federal law enforcement officer has no counterpart in the private sector. (5) In light of the continuing homeland and national security threats facing our Nation, it is in the interest of the Federal Government to ensure that it can continue to recruit and retain the highest caliber personnel by allowing Federal law enforcement officers the opportunity to reclaim full credit in retirement for overtime hours worked but never paid. ``(2)(A) Paragraph (1) shall not apply unless the law enforcement officer makes a lump-sum payment to the Office in the manner prescribed under this paragraph. ``(D) The officer may elect an actuarial annuity reduction, consistent with regulations prescribed by the Office, in lieu of the lump-sum payment required under subparagraphs (B) and (C). b) FERS.--Section 8415 of title 5, United States Code, is amended by adding at the end the following: ``(o)(1) Notwithstanding any other provision of this title, including sections 5545a and 5547, and consistent with the requirements of paragraph (2), any premium pay described in section 5547(a) that would have been received by a law enforcement officer but for the limitation provided in such section shall be included in the average pay of such officer for purposes of computing the annuity of such officer under this section. (c) Application.--The amendments made by subsection (a) and (b) shall apply to any applicable annuity calculated on or after the date that is one year after the date of enactment of this Act. ( 2) Lump-sum payment.--Such regulations shall include-- (A) procedures under which any law enforcement officer covered by such sections may make the lump-sum payment as described under sections 8339(v)(2) and 8415(o)(2) of title 5, United States Code, as added by subsections (a) and (b), from amounts within the officer's Thrift Savings Fund account; and (B) procedures, promulgated in consultation with the Thrift Savings Board, under which a transfer may be made from such account to the Office of Personnel Management. ( 213(a)(16) and (b)(30)), a covered employee shall be deemed to be a criminal investigator as defined in this section. a) In General.--In the case of an individual, there shall be allowed as a credit against the tax imposed by chapter 1 of the Internal Revenue Code of 1986 for the taxable year an amount equal to the sum of the lump-sum payments made by the individual during such taxable year pursuant to section 8339(v)(2) or 8415(o)(2) of title 5, United States Code, with respect to an annuity of such individual. (

To amend title 5, United States Code, to provide that for purposes of computing the annuity of certain law enforcement officers, any hours worked in excess of the limitation applicable to law enforcement premium pay shall be included in such computation, and for other purposes. SHORT TITLE; FINDINGS. ( 2) Though the Federal Government may house the largest variety of occupations of any U.S. employer across its panoply of agencies and entities, Federal law enforcement is absolutely unique among them, and the Federal law enforcement officer has no counterpart in the private sector. (5) In light of the continuing homeland and national security threats facing our Nation, it is in the interest of the Federal Government to ensure that it can continue to recruit and retain the highest caliber personnel by allowing Federal law enforcement officers the opportunity to reclaim full credit in retirement for overtime hours worked but never paid. ``(2)(A) Paragraph (1) shall not apply unless the law enforcement officer makes a lump-sum payment to the Office in the manner prescribed under this paragraph. ``(D) The officer may elect an actuarial annuity reduction, consistent with regulations prescribed by the Office, in lieu of the lump-sum payment required under subparagraphs (B) and (C). b) FERS.--Section 8415 of title 5, United States Code, is amended by adding at the end the following: ``(o)(1) Notwithstanding any other provision of this title, including sections 5545a and 5547, and consistent with the requirements of paragraph (2), any premium pay described in section 5547(a) that would have been received by a law enforcement officer but for the limitation provided in such section shall be included in the average pay of such officer for purposes of computing the annuity of such officer under this section. (c) Application.--The amendments made by subsection (a) and (b) shall apply to any applicable annuity calculated on or after the date that is one year after the date of enactment of this Act. ( 2) Lump-sum payment.--Such regulations shall include-- (A) procedures under which any law enforcement officer covered by such sections may make the lump-sum payment as described under sections 8339(v)(2) and 8415(o)(2) of title 5, United States Code, as added by subsections (a) and (b), from amounts within the officer's Thrift Savings Fund account; and (B) procedures, promulgated in consultation with the Thrift Savings Board, under which a transfer may be made from such account to the Office of Personnel Management. ( 213(a)(16) and (b)(30)), a covered employee shall be deemed to be a criminal investigator as defined in this section. a) In General.--In the case of an individual, there shall be allowed as a credit against the tax imposed by chapter 1 of the Internal Revenue Code of 1986 for the taxable year an amount equal to the sum of the lump-sum payments made by the individual during such taxable year pursuant to section 8339(v)(2) or 8415(o)(2) of title 5, United States Code, with respect to an annuity of such individual. (

To amend title 5, United States Code, to provide that for purposes of computing the annuity of certain law enforcement officers, any hours worked in excess of the limitation applicable to law enforcement premium pay shall be included in such computation, and for other purposes. 2) Though the Federal Government may house the largest variety of occupations of any U.S. employer across its panoply of agencies and entities, Federal law enforcement is absolutely unique among them, and the Federal law enforcement officer has no counterpart in the private sector. (3) It was in recognition of the unique nature of the occupation, and the demanding schedules required of those who fill its ranks, that Congress established distinct pay and benefit systems for Federal law enforcement positions. 5) In light of the continuing homeland and national security threats facing our Nation, it is in the interest of the Federal Government to ensure that it can continue to recruit and retain the highest caliber personnel by allowing Federal law enforcement officers the opportunity to reclaim full credit in retirement for overtime hours worked but never paid. (a) CSRS.-- (1) In general.--Section 8339 of title 5, United States Code, is amended by adding at the end the following: ``(v)(1) Notwithstanding any other provision of this title, including sections 5545a and 5547, and consistent with the requirements of paragraph (2), any premium pay described in section 5547(a) that would have been received by a law enforcement officer but for the limitation provided in such section shall be included in the average pay of such officer for purposes of computing the annuity of such officer under this section. ``(2)(A) Paragraph (1) shall not apply unless the law enforcement officer makes a lump-sum payment to the Office in the manner prescribed under this paragraph. ``(D) The officer may elect an actuarial annuity reduction, consistent with regulations prescribed by the Office, in lieu of the lump-sum payment required under subparagraphs (B) and (C). 2) Clarification with respect to annuity limit.--The limitation provided in section 8339(f) of title 5, United States Code, shall apply to any annuity calculated pursuant to subsection (v) of such section (as added by paragraph (1)). (b) FERS.--Section 8415 of title 5, United States Code, is amended by adding at the end the following: ``(o)(1) Notwithstanding any other provision of this title, including sections 5545a and 5547, and consistent with the requirements of paragraph (2), any premium pay described in section 5547(a) that would have been received by a law enforcement officer but for the limitation provided in such section shall be included in the average pay of such officer for purposes of computing the annuity of such officer under this section. c) Application.--The amendments made by subsection (a) and (b) shall apply to any applicable annuity calculated on or after the date that is one year after the date of enactment of this Act. ( (2) Lump-sum payment.--Such regulations shall include-- (A) procedures under which any law enforcement officer covered by such sections may make the lump-sum payment as described under sections 8339(v)(2) and 8415(o)(2) of title 5, United States Code, as added by subsections (a) and (b), from amounts within the officer's Thrift Savings Fund account; and (B) procedures, promulgated in consultation with the Thrift Savings Board, under which a transfer may be made from such account to the Office of Personnel Management. ( ELIGIBILITY FOR AVAILABILITY PAY. ( For the purpose of this section, section 5542(d) of this title, and section 13(a)(16) and (b)(30) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(16) and (b)(30)), a covered employee shall be deemed to be a criminal investigator as defined in this section. ``(2) In this subsection, the term `covered employee' means-- ``(A) a Postal Inspector (referred to in section 1003(c) of title 39); ``(B) a criminal investigator classified under the GS-1811 series (or any successor series); ``(C) a Federal air marshal; ``(D) a special agent in the Diplomatic Security Service; ``(E) a probation officer (referred to in section 3672 of title 18); and ``(F) a pretrial services officer (referred to in section 3153 of title 18).''. ( (b) Treated as Non-Refundable Personal Credit.--For purposes of the Internal Revenue Code of 1986, the credit allowed under subsection (a) shall be treated as a credit allowed under subpart A of part IV of subchapter A of chapter 1 of such Code.

To amend title 5, United States Code, to provide that for purposes of computing the annuity of certain law enforcement officers, any hours worked in excess of the limitation applicable to law enforcement premium pay shall be included in such computation, and for other purposes. SHORT TITLE; FINDINGS. ( 2) Though the Federal Government may house the largest variety of occupations of any U.S. employer across its panoply of agencies and entities, Federal law enforcement is absolutely unique among them, and the Federal law enforcement officer has no counterpart in the private sector. (5) In light of the continuing homeland and national security threats facing our Nation, it is in the interest of the Federal Government to ensure that it can continue to recruit and retain the highest caliber personnel by allowing Federal law enforcement officers the opportunity to reclaim full credit in retirement for overtime hours worked but never paid. ``(2)(A) Paragraph (1) shall not apply unless the law enforcement officer makes a lump-sum payment to the Office in the manner prescribed under this paragraph. ``(D) The officer may elect an actuarial annuity reduction, consistent with regulations prescribed by the Office, in lieu of the lump-sum payment required under subparagraphs (B) and (C). b) FERS.--Section 8415 of title 5, United States Code, is amended by adding at the end the following: ``(o)(1) Notwithstanding any other provision of this title, including sections 5545a and 5547, and consistent with the requirements of paragraph (2), any premium pay described in section 5547(a) that would have been received by a law enforcement officer but for the limitation provided in such section shall be included in the average pay of such officer for purposes of computing the annuity of such officer under this section. (c) Application.--The amendments made by subsection (a) and (b) shall apply to any applicable annuity calculated on or after the date that is one year after the date of enactment of this Act. ( 2) Lump-sum payment.--Such regulations shall include-- (A) procedures under which any law enforcement officer covered by such sections may make the lump-sum payment as described under sections 8339(v)(2) and 8415(o)(2) of title 5, United States Code, as added by subsections (a) and (b), from amounts within the officer's Thrift Savings Fund account; and (B) procedures, promulgated in consultation with the Thrift Savings Board, under which a transfer may be made from such account to the Office of Personnel Management. ( 213(a)(16) and (b)(30)), a covered employee shall be deemed to be a criminal investigator as defined in this section. a) In General.--In the case of an individual, there shall be allowed as a credit against the tax imposed by chapter 1 of the Internal Revenue Code of 1986 for the taxable year an amount equal to the sum of the lump-sum payments made by the individual during such taxable year pursuant to section 8339(v)(2) or 8415(o)(2) of title 5, United States Code, with respect to an annuity of such individual. (

To amend title 5, United States Code, to provide that for purposes of computing the annuity of certain law enforcement officers, any hours worked in excess of the limitation applicable to law enforcement premium pay shall be included in such computation, and for other purposes. 2) Though the Federal Government may house the largest variety of occupations of any U.S. employer across its panoply of agencies and entities, Federal law enforcement is absolutely unique among them, and the Federal law enforcement officer has no counterpart in the private sector. ( (a) CSRS.-- (1) In general.--Section 8339 of title 5, United States Code, is amended by adding at the end the following: ``(v)(1) Notwithstanding any other provision of this title, including sections 5545a and 5547, and consistent with the requirements of paragraph (2), any premium pay described in section 5547(a) that would have been received by a law enforcement officer but for the limitation provided in such section shall be included in the average pay of such officer for purposes of computing the annuity of such officer under this section. ``(D) The officer may elect an actuarial annuity reduction, consistent with regulations prescribed by the Office, in lieu of the lump-sum payment required under subparagraphs (B) and (C). (b) FERS.--Section 8415 of title 5, United States Code, is amended by adding at the end the following: ``(o)(1) Notwithstanding any other provision of this title, including sections 5545a and 5547, and consistent with the requirements of paragraph (2), any premium pay described in section 5547(a) that would have been received by a law enforcement officer but for the limitation provided in such section shall be included in the average pay of such officer for purposes of computing the annuity of such officer under this section. 2) Lump-sum payment.--Such regulations shall include-- (A) procedures under which any law enforcement officer covered by such sections may make the lump-sum payment as described under sections 8339(v)(2) and 8415(o)(2) of title 5, United States Code, as added by subsections (a) and (b), from amounts within the officer's Thrift Savings Fund account; and (B) procedures, promulgated in consultation with the Thrift Savings Board, under which a transfer may be made from such account to the Office of Personnel Management. ( 213(a)(16) and (b)(30)), a covered employee shall be deemed to be a criminal investigator as defined in this section. ``(2) In this subsection, the term `covered employee' means-- ``(A) a Postal Inspector (referred to in section 1003(c) of title 39); ``(B) a criminal investigator classified under the GS-1811 series (or any successor series); ``(C) a Federal air marshal; ``(D) a special agent in the Diplomatic Security Service; ``(E) a probation officer (referred to in section 3672 of title 18); and ``(F) a pretrial services officer (referred to in section 3153 of title 18).''. ( (

To amend title 5, United States Code, to provide that for purposes of computing the annuity of certain law enforcement officers, any hours worked in excess of the limitation applicable to law enforcement premium pay shall be included in such computation, and for other purposes. b) FERS.--Section 8415 of title 5, United States Code, is amended by adding at the end the following: ``(o)(1) Notwithstanding any other provision of this title, including sections 5545a and 5547, and consistent with the requirements of paragraph (2), any premium pay described in section 5547(a) that would have been received by a law enforcement officer but for the limitation provided in such section shall be included in the average pay of such officer for purposes of computing the annuity of such officer under this section. ( ( 2) Lump-sum payment.--Such regulations shall include-- (A) procedures under which any law enforcement officer covered by such sections may make the lump-sum payment as described under sections 8339(v)(2) and 8415(o)(2) of title 5, United States Code, as added by subsections (a) and (b), from amounts within the officer's Thrift Savings Fund account; and (B) procedures, promulgated in consultation with the Thrift Savings Board, under which a transfer may be made from such account to the Office of Personnel Management. ( 213(a)(16) and (b)(30)), a covered employee shall be deemed to be a criminal investigator as defined in this section.

To amend title 5, United States Code, to provide that for purposes of computing the annuity of certain law enforcement officers, any hours worked in excess of the limitation applicable to law enforcement premium pay shall be included in such computation, and for other purposes. 2) Though the Federal Government may house the largest variety of occupations of any U.S. employer across its panoply of agencies and entities, Federal law enforcement is absolutely unique among them, and the Federal law enforcement officer has no counterpart in the private sector. ( (a) CSRS.-- (1) In general.--Section 8339 of title 5, United States Code, is amended by adding at the end the following: ``(v)(1) Notwithstanding any other provision of this title, including sections 5545a and 5547, and consistent with the requirements of paragraph (2), any premium pay described in section 5547(a) that would have been received by a law enforcement officer but for the limitation provided in such section shall be included in the average pay of such officer for purposes of computing the annuity of such officer under this section. ``(D) The officer may elect an actuarial annuity reduction, consistent with regulations prescribed by the Office, in lieu of the lump-sum payment required under subparagraphs (B) and (C). (b) FERS.--Section 8415 of title 5, United States Code, is amended by adding at the end the following: ``(o)(1) Notwithstanding any other provision of this title, including sections 5545a and 5547, and consistent with the requirements of paragraph (2), any premium pay described in section 5547(a) that would have been received by a law enforcement officer but for the limitation provided in such section shall be included in the average pay of such officer for purposes of computing the annuity of such officer under this section. 2) Lump-sum payment.--Such regulations shall include-- (A) procedures under which any law enforcement officer covered by such sections may make the lump-sum payment as described under sections 8339(v)(2) and 8415(o)(2) of title 5, United States Code, as added by subsections (a) and (b), from amounts within the officer's Thrift Savings Fund account; and (B) procedures, promulgated in consultation with the Thrift Savings Board, under which a transfer may be made from such account to the Office of Personnel Management. ( 213(a)(16) and (b)(30)), a covered employee shall be deemed to be a criminal investigator as defined in this section. ``(2) In this subsection, the term `covered employee' means-- ``(A) a Postal Inspector (referred to in section 1003(c) of title 39); ``(B) a criminal investigator classified under the GS-1811 series (or any successor series); ``(C) a Federal air marshal; ``(D) a special agent in the Diplomatic Security Service; ``(E) a probation officer (referred to in section 3672 of title 18); and ``(F) a pretrial services officer (referred to in section 3153 of title 18).''. ( (

To amend title 5, United States Code, to provide that for purposes of computing the annuity of certain law enforcement officers, any hours worked in excess of the limitation applicable to law enforcement premium pay shall be included in such computation, and for other purposes. b) FERS.--Section 8415 of title 5, United States Code, is amended by adding at the end the following: ``(o)(1) Notwithstanding any other provision of this title, including sections 5545a and 5547, and consistent with the requirements of paragraph (2), any premium pay described in section 5547(a) that would have been received by a law enforcement officer but for the limitation provided in such section shall be included in the average pay of such officer for purposes of computing the annuity of such officer under this section. ( ( 2) Lump-sum payment.--Such regulations shall include-- (A) procedures under which any law enforcement officer covered by such sections may make the lump-sum payment as described under sections 8339(v)(2) and 8415(o)(2) of title 5, United States Code, as added by subsections (a) and (b), from amounts within the officer's Thrift Savings Fund account; and (B) procedures, promulgated in consultation with the Thrift Savings Board, under which a transfer may be made from such account to the Office of Personnel Management. ( 213(a)(16) and (b)(30)), a covered employee shall be deemed to be a criminal investigator as defined in this section.

To amend title 5, United States Code, to provide that for purposes of computing the annuity of certain law enforcement officers, any hours worked in excess of the limitation applicable to law enforcement premium pay shall be included in such computation, and for other purposes. a) CSRS.-- (1) In general.--Section 8339 of title 5, United States Code, is amended by adding at the end the following: ``(v)(1) Notwithstanding any other provision of this title, including sections 5545a and 5547, and consistent with the requirements of paragraph (2), any premium pay described in section 5547(a) that would have been received by a law enforcement officer but for the limitation provided in such section shall be included in the average pay of such officer for purposes of computing the annuity of such officer under this section. ( 2) Lump-sum payment.--Such regulations shall include-- (A) procedures under which any law enforcement officer covered by such sections may make the lump-sum payment as described under sections 8339(v)(2) and 8415(o)(2) of title 5, United States Code, as added by subsections (a) and (b), from amounts within the officer's Thrift Savings Fund account; and (B) procedures, promulgated in consultation with the Thrift Savings Board, under which a transfer may be made from such account to the Office of Personnel Management. ( ``(2) In this subsection, the term `covered employee' means-- ``(A) a Postal Inspector (referred to in section 1003(c) of title 39); ``(B) a criminal investigator classified under the GS-1811 series (or any successor series); ``(C) a Federal air marshal; ``(D) a special agent in the Diplomatic Security Service; ``(E) a probation officer (referred to in section 3672 of title 18); and ``(F) a pretrial services officer (referred to in section 3153 of title 18).''. ( (

LEO Fair Retirement Act of 2022 - Amends Federal law to provide that for purposes of computing the annuity of certain law enforcement officers, any hours worked in excess of the limitation applicable to law enforcement premium pay shall be included in such computation, and for other purposes. (Sec. 2) Prohibits the payment of overtime compensation unless the officer makes a lump-sum payment to Amends the Internal Revenue Code to allow a tax credit for the lump-sum payments of available law enforcement premium pay. (Currently, such credit is limited to the difference between the amount the law enforcement officer received in gross compensation and the amount that would have received as gross compensation but for the application of the premium pay caps.) (Sec. 3) Requires the Director of the Office of

S.4243

Government Operations and Politics

DHS Trade and Economic Security Council Act of 2022 This bill establishes an advisory council within the Department of Homeland Security (DHS) and sets out other efforts to address economic security and trade, as such matters relate to DHS's mission. Specifically, DHS must establish the DHS Trade and Economic Security Council, comprised of component heads or their designees, to advise on economic security concerns, such as identification of concentrated risks and priorities for protecting the nation's economic security. Additionally, the bill provides statutory authority for the Office of the Assistant Secretary for Trade and Economic Security and specifies its functions and duties. These include, among other responsibilities, coordination of supply chain policy.

To establish the Department of Homeland Security Trade and Economic Security Council and the position of Assistant Secretary for Trade and Economic Security within the Department of Homeland Security, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <DELETED>SECTION 1. SHORT TITLE.</DELETED> <DELETED> This Act may be cited as the ``DHS Trade and Economic Security Council Act of 2022''.</DELETED> <DELETED>SEC. 2. DHS TRADE AND ECONOMIC SECURITY COUNCIL.</DELETED> <DELETED> (a) Definitions.--In this section:</DELETED> <DELETED> (1) Council.--The term ``Council'' means the DHS Trade and Economic Security Council established under subsection (b).</DELETED> <DELETED> (2) Department.--The term ``Department'' refers to the Department of Homeland Security.</DELETED> <DELETED> (3) Economic security.--The term ``economic security'' means the condition of having secure and resilient domestic production capacity combined with reliable access to the global resources necessary to maintain an acceptable standard of living and protect core national values.</DELETED> <DELETED> (4) Secretary.--The term ``Secretary'' means the Secretary of the Department of Homeland Security.</DELETED> <DELETED> (b) DHS Trade and Economic Security Council.--In accordance with the mission of the Department under section 101(b) of the Homeland Security Act of 2002 (6 U.S.C. 111(b)), and in particular paragraph (1)(F) of that subsection, the Secretary shall establish a standing council of component heads or their designees within the Department known as the ``DHS Trade and Economic Security Council''.</DELETED> <DELETED> (c) Duties of the Council.--Pursuant to the scope of the Department's mission as described in subsection (b), the Council shall provide to the Secretary advice and recommendations on matters of trade and economic security, including--</DELETED> <DELETED> (1) identifying concentrated risks for trade and economic security;</DELETED> <DELETED> (2) setting priorities for securing the trade and economic security of the United States;</DELETED> <DELETED> (3) coordinating Department-wide activity on trade and economic security matters;</DELETED> <DELETED> (4) with respect to the development of the President's continuity of the economy plan under section 9603 of the William M. (Mac) Thornberry National Defense Authorization Act of Fiscal Year 2021 (Public Law 116- 283);</DELETED> <DELETED> (5) proposing statutory and regulatory changes impacting trade and economic security; and</DELETED> <DELETED> (6) any other matters the Secretary considers appropriate.</DELETED> <DELETED> (d) Chair and Vice Chair.--The Assistant Secretary for Trade and Economic Security of the Department--</DELETED> <DELETED> (1) shall serve as Chair of the Council; and</DELETED> <DELETED> (2) may designate a Council member as a Vice Chair.</DELETED> <DELETED> (e) Meetings.--The Council shall meet not less frequently than quarterly, as well as--</DELETED> <DELETED> (1) at the call of the Chair; or</DELETED> <DELETED> (2) at the direction of the Secretary.</DELETED> <DELETED> (f) Briefings.--Not later than 180 days after the date of enactment of this Act and every 6 months thereafter for 4 years, the Council shall brief the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives on the actions and activities of the Council.</DELETED> <DELETED>SEC. 3. ASSISTANT SECRETARY FOR TRADE AND ECONOMIC SECURITY.</DELETED> <DELETED> Section 709 of the Homeland Security Act of 2002 (6 U.S.C. 349) is amended--</DELETED> <DELETED> (1) by redesignating subsection (g) as subsection (h); and</DELETED> <DELETED> (2) by inserting after subsection (f) the following new subsection:</DELETED> <DELETED> ``(g) Assistant Secretary for Trade and Economic Security.--</DELETED> <DELETED> ``(1) In general.--There is established within the Office of Strategy, Policy, and Plans an Assistant Secretary for Trade and Economic Security.</DELETED> <DELETED> ``(2) Duties.--The Assistant Secretary for Trade and Economic Security shall be responsible for policy formulation regarding matters relating to economic security and trade, as such matters relate to the mission and the operations of the Department.</DELETED> <DELETED> ``(3) Additional responsibilities.--In addition to the duties specified in paragraph (2), the Assistant Secretary for Trade and Economic Security shall--</DELETED> <DELETED> ``(A) oversee--</DELETED> <DELETED> ``(i) coordination of supply chain policy; and</DELETED> <DELETED> ``(ii) assessments and reports to Congress related to critical economic security domains;</DELETED> <DELETED> ``(B) serve as the designee of the Secretary for the purposes of representing the Department on the Committee on Foreign Investment in the United States, and the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector;</DELETED> <DELETED> ``(C) coordinate with stakeholders in other Federal departments and agencies and non- governmental entities with trade and economic security interests, authorities, and responsibilities; and</DELETED> <DELETED> ``(D) perform such additional duties as the Secretary or the Under Secretary of Strategy, Policy, and Plans may prescribe.</DELETED> <DELETED> ``(4) Definitions.--In this subsection:</DELETED> <DELETED> ``(A) Critical economic security domain.-- The term `critical economic security domain' means any infrastructure, industry, technology, or intellectual property (or combination thereof) that is essential for the economic security of the United States.</DELETED> <DELETED> ``(B) Economic security.--The term `economic security' has the meaning given that term in section 890B(c)(2).''.</DELETED> SECTION 1. SHORT TITLE. This Act may be cited as the ``DHS Trade and Economic Security Council Act of 2022''. SEC. 2. DHS TRADE AND ECONOMIC SECURITY COUNCIL. (a) Definitions.--In this section: (1) Council.--The term ``Council'' means the DHS Trade and Economic Security Council established under subsection (b). (2) Department.--The term ``Department'' means the Department of Homeland Security. (3) Economic security.--The term ``economic security'' has the meaning given that term in section 890B(c)(2) of the Homeland Security Act of 2002 (6 U.S.C. 474(c)(2)). (4) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. (b) DHS Trade and Economic Security Council.--In accordance with the mission of the Department under section 101(b) of the Homeland Security Act of 2002 (6 U.S.C. 111(b)), and in particular paragraph (1)(F) of that section, the Secretary shall establish a standing council of component heads or their designees within the Department, which shall be known as the ``DHS Trade and Economic Security Council''. (c) Duties of the Council.--Pursuant to the scope of the mission of the Department as described in subsection (b), the Council shall provide to the Secretary advice and recommendations on matters of trade and economic security, including-- (1) identifying concentrated risks for trade and economic security; (2) setting priorities for securing the trade and economic security of the United States; (3) coordinating Department-wide activity on trade and economic security matters; (4) with respect to the development of the continuity of the economy plan of the President under section 9603 of the William M. (Mac) Thornberry National Defense Authorization Act of Fiscal Year 2021 (6 U.S.C. 322); (5) proposing statutory and regulatory changes impacting trade and economic security; and (6) any other matters the Secretary considers appropriate. (d) Chair and Vice Chair.--The Under Secretary for Strategy, Policy, and Plans of the Department-- (1) shall serve as Chair of the Council; and (2) may designate a Council member as a Vice Chair. (e) Meetings.--The Council shall meet not less frequently than quarterly, as well as-- (1) at the call of the Chair; or (2) at the direction of the Secretary. (f) Briefings.--Not later than 180 days after the date of enactment of this Act and every 180 days thereafter for 4 years, the Council shall brief the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives on the actions and activities of the Council. SEC. 3. ASSISTANT SECRETARY FOR TRADE AND ECONOMIC SECURITY. Section 709 of the Homeland Security Act of 2002 (6 U.S.C. 349) is amended-- (1) by redesignating subsection (g) as subsection (h); and (2) by inserting after subsection (f) the following: ``(g) Assistant Secretary for Trade and Economic Security.-- ``(1) In general.--There is established within the Office of Strategy, Policy, and Plans an Assistant Secretary for Trade and Economic Security. ``(2) Duties.--At the direction of the Under Secretary for Strategy, Policy, and Plans, the Assistant Secretary for Trade and Economic Security shall be responsible for policy formulation regarding matters relating to economic security and trade, as such matters relate to the mission and the operations of the Department. ``(3) Additional responsibilities.--In addition to the duties specified in paragraph (2), the Assistant Secretary for Trade and Economic Security, at the direction of the Under Secretary for Strategy, Policy, and Plans, may-- ``(A) oversee-- ``(i) coordination of supply chain policy; and ``(ii) assessments and reports to Congress related to critical economic security domains; ``(B) serve as the representative of the Under Secretary for Strategy, Policy, and Plans for the purposes of representing the Department on-- ``(i) the Committee on Foreign Investment in the United States; and ``(ii) the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector; ``(C) coordinate with stakeholders in other Federal departments and agencies and nongovernmental entities with trade and economic security interests, authorities, and responsibilities; and ``(D) perform such additional duties as the Secretary or the Under Secretary of Strategy, Policy, and Plans may prescribe. ``(4) Definitions.--In this subsection: ``(A) Critical economic security domain.--The term `critical economic security domain' means any infrastructure, industry, technology, or intellectual property (or combination thereof) that is essential for the economic security of the United States. ``(B) Economic security.--The term `economic security' has the meaning given that term in section 890B(c)(2).''. SEC. 4. RULE OF CONSTRUCTION. Nothing in this Act or the amendments made by this Act shall be construed to affect or diminish the authority otherwise granted to any other officer of the Department of Homeland Security. Calendar No. 560 117th CONGRESS 2d Session S. 4243 [Report No. 117-208] _______________________________________________________________________

DHS Trade and Economic Security Council Act of 2022

A bill to establish the Department of Homeland Security Trade and Economic Security Council and the position of Assistant Secretary for Trade and Economic Security within the Department of Homeland Security, and for other purposes.

DHS Trade and Economic Security Council Act of 2022 DHS Trade and Economic Security Council Act of 2022

Sen. Portman, Rob

R

OH

This bill establishes an advisory council within the Department of Homeland Security (DHS) and sets out other efforts to address economic security and trade, as such matters relate to DHS's mission. Specifically, DHS must establish the DHS Trade and Economic Security Council, comprised of component heads or their designees, to advise on economic security concerns, such as identification of concentrated risks and priorities for protecting the nation's economic security. Additionally, the bill provides statutory authority for the Office of the Assistant Secretary for Trade and Economic Security and specifies its functions and duties. These include, among other responsibilities, coordination of supply chain policy.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <DELETED>SECTION 1. ''.</DELETED> SECTION 1. SHORT TITLE. 2. (a) Definitions.--In this section: (1) Council.--The term ``Council'' means the DHS Trade and Economic Security Council established under subsection (b). (2) Department.--The term ``Department'' means the Department of Homeland Security. 322); (5) proposing statutory and regulatory changes impacting trade and economic security; and (6) any other matters the Secretary considers appropriate. (d) Chair and Vice Chair.--The Under Secretary for Strategy, Policy, and Plans of the Department-- (1) shall serve as Chair of the Council; and (2) may designate a Council member as a Vice Chair. (e) Meetings.--The Council shall meet not less frequently than quarterly, as well as-- (1) at the call of the Chair; or (2) at the direction of the Secretary. (f) Briefings.--Not later than 180 days after the date of enactment of this Act and every 180 days thereafter for 4 years, the Council shall brief the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives on the actions and activities of the Council. 3. ASSISTANT SECRETARY FOR TRADE AND ECONOMIC SECURITY. Section 709 of the Homeland Security Act of 2002 (6 U.S.C. ``(2) Duties.--At the direction of the Under Secretary for Strategy, Policy, and Plans, the Assistant Secretary for Trade and Economic Security shall be responsible for policy formulation regarding matters relating to economic security and trade, as such matters relate to the mission and the operations of the Department. ``(3) Additional responsibilities.--In addition to the duties specified in paragraph (2), the Assistant Secretary for Trade and Economic Security, at the direction of the Under Secretary for Strategy, Policy, and Plans, may-- ``(A) oversee-- ``(i) coordination of supply chain policy; and ``(ii) assessments and reports to Congress related to critical economic security domains; ``(B) serve as the representative of the Under Secretary for Strategy, Policy, and Plans for the purposes of representing the Department on-- ``(i) the Committee on Foreign Investment in the United States; and ``(ii) the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector; ``(C) coordinate with stakeholders in other Federal departments and agencies and nongovernmental entities with trade and economic security interests, authorities, and responsibilities; and ``(D) perform such additional duties as the Secretary or the Under Secretary of Strategy, Policy, and Plans may prescribe. ``(4) Definitions.--In this subsection: ``(A) Critical economic security domain.--The term `critical economic security domain' means any infrastructure, industry, technology, or intellectual property (or combination thereof) that is essential for the economic security of the United States. SEC. 4. RULE OF CONSTRUCTION. Calendar No. 117-208] _______________________________________________________________________

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <DELETED>SECTION 1. ''.</DELETED> SECTION 1. SHORT TITLE. 2. (a) Definitions.--In this section: (1) Council.--The term ``Council'' means the DHS Trade and Economic Security Council established under subsection (b). (2) Department.--The term ``Department'' means the Department of Homeland Security. (d) Chair and Vice Chair.--The Under Secretary for Strategy, Policy, and Plans of the Department-- (1) shall serve as Chair of the Council; and (2) may designate a Council member as a Vice Chair. (f) Briefings.--Not later than 180 days after the date of enactment of this Act and every 180 days thereafter for 4 years, the Council shall brief the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives on the actions and activities of the Council. 3. ASSISTANT SECRETARY FOR TRADE AND ECONOMIC SECURITY. Section 709 of the Homeland Security Act of 2002 (6 U.S.C. ``(2) Duties.--At the direction of the Under Secretary for Strategy, Policy, and Plans, the Assistant Secretary for Trade and Economic Security shall be responsible for policy formulation regarding matters relating to economic security and trade, as such matters relate to the mission and the operations of the Department. ``(4) Definitions.--In this subsection: ``(A) Critical economic security domain.--The term `critical economic security domain' means any infrastructure, industry, technology, or intellectual property (or combination thereof) that is essential for the economic security of the United States. SEC. 4.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <DELETED>SECTION 1. ''.</DELETED> SECTION 1. SHORT TITLE. This Act may be cited as the ``DHS Trade and Economic Security Council Act of 2022''. 2. (a) Definitions.--In this section: (1) Council.--The term ``Council'' means the DHS Trade and Economic Security Council established under subsection (b). (2) Department.--The term ``Department'' means the Department of Homeland Security. 474(c)(2)). 111(b)), and in particular paragraph (1)(F) of that section, the Secretary shall establish a standing council of component heads or their designees within the Department, which shall be known as the ``DHS Trade and Economic Security Council''. (c) Duties of the Council.--Pursuant to the scope of the mission of the Department as described in subsection (b), the Council shall provide to the Secretary advice and recommendations on matters of trade and economic security, including-- (1) identifying concentrated risks for trade and economic security; (2) setting priorities for securing the trade and economic security of the United States; (3) coordinating Department-wide activity on trade and economic security matters; (4) with respect to the development of the continuity of the economy plan of the President under section 9603 of the William M. (Mac) Thornberry National Defense Authorization Act of Fiscal Year 2021 (6 U.S.C. 322); (5) proposing statutory and regulatory changes impacting trade and economic security; and (6) any other matters the Secretary considers appropriate. (d) Chair and Vice Chair.--The Under Secretary for Strategy, Policy, and Plans of the Department-- (1) shall serve as Chair of the Council; and (2) may designate a Council member as a Vice Chair. (e) Meetings.--The Council shall meet not less frequently than quarterly, as well as-- (1) at the call of the Chair; or (2) at the direction of the Secretary. (f) Briefings.--Not later than 180 days after the date of enactment of this Act and every 180 days thereafter for 4 years, the Council shall brief the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives on the actions and activities of the Council. 3. ASSISTANT SECRETARY FOR TRADE AND ECONOMIC SECURITY. Section 709 of the Homeland Security Act of 2002 (6 U.S.C. 349) is amended-- (1) by redesignating subsection (g) as subsection (h); and (2) by inserting after subsection (f) the following: ``(g) Assistant Secretary for Trade and Economic Security.-- ``(1) In general.--There is established within the Office of Strategy, Policy, and Plans an Assistant Secretary for Trade and Economic Security. ``(2) Duties.--At the direction of the Under Secretary for Strategy, Policy, and Plans, the Assistant Secretary for Trade and Economic Security shall be responsible for policy formulation regarding matters relating to economic security and trade, as such matters relate to the mission and the operations of the Department. ``(3) Additional responsibilities.--In addition to the duties specified in paragraph (2), the Assistant Secretary for Trade and Economic Security, at the direction of the Under Secretary for Strategy, Policy, and Plans, may-- ``(A) oversee-- ``(i) coordination of supply chain policy; and ``(ii) assessments and reports to Congress related to critical economic security domains; ``(B) serve as the representative of the Under Secretary for Strategy, Policy, and Plans for the purposes of representing the Department on-- ``(i) the Committee on Foreign Investment in the United States; and ``(ii) the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector; ``(C) coordinate with stakeholders in other Federal departments and agencies and nongovernmental entities with trade and economic security interests, authorities, and responsibilities; and ``(D) perform such additional duties as the Secretary or the Under Secretary of Strategy, Policy, and Plans may prescribe. ``(4) Definitions.--In this subsection: ``(A) Critical economic security domain.--The term `critical economic security domain' means any infrastructure, industry, technology, or intellectual property (or combination thereof) that is essential for the economic security of the United States. ``(B) Economic security.--The term `economic security' has the meaning given that term in section 890B(c)(2).''. SEC. 4. RULE OF CONSTRUCTION. Nothing in this Act or the amendments made by this Act shall be construed to affect or diminish the authority otherwise granted to any other officer of the Department of Homeland Security. Calendar No. 560 117th CONGRESS 2d Session S. 4243 [Report No. 117-208] _______________________________________________________________________

To establish the Department of Homeland Security Trade and Economic Security Council and the position of Assistant Secretary for Trade and Economic Security within the Department of Homeland Security, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <DELETED>SECTION 1. DHS TRADE AND ECONOMIC SECURITY COUNCIL.</DELETED> <DELETED> (a) Definitions.--In this section:</DELETED> <DELETED> (1) Council.--The term ``Council'' means the DHS Trade and Economic Security Council established under subsection (b).</DELETED> <DELETED> (2) Department.--The term ``Department'' refers to the Department of Homeland Security.</DELETED> <DELETED> (3) Economic security.--The term ``economic security'' means the condition of having secure and resilient domestic production capacity combined with reliable access to the global resources necessary to maintain an acceptable standard of living and protect core national values.</DELETED> <DELETED> (4) Secretary.--The term ``Secretary'' means the Secretary of the Department of Homeland Security.</DELETED> <DELETED> (b) DHS Trade and Economic Security Council.--In accordance with the mission of the Department under section 101(b) of the Homeland Security Act of 2002 (6 U.S.C. ''.</DELETED> SECTION 1. SHORT TITLE. This Act may be cited as the ``DHS Trade and Economic Security Council Act of 2022''. 2. (a) Definitions.--In this section: (1) Council.--The term ``Council'' means the DHS Trade and Economic Security Council established under subsection (b). (2) Department.--The term ``Department'' means the Department of Homeland Security. 474(c)(2)). 111(b)), and in particular paragraph (1)(F) of that section, the Secretary shall establish a standing council of component heads or their designees within the Department, which shall be known as the ``DHS Trade and Economic Security Council''. (c) Duties of the Council.--Pursuant to the scope of the mission of the Department as described in subsection (b), the Council shall provide to the Secretary advice and recommendations on matters of trade and economic security, including-- (1) identifying concentrated risks for trade and economic security; (2) setting priorities for securing the trade and economic security of the United States; (3) coordinating Department-wide activity on trade and economic security matters; (4) with respect to the development of the continuity of the economy plan of the President under section 9603 of the William M. (Mac) Thornberry National Defense Authorization Act of Fiscal Year 2021 (6 U.S.C. 322); (5) proposing statutory and regulatory changes impacting trade and economic security; and (6) any other matters the Secretary considers appropriate. (d) Chair and Vice Chair.--The Under Secretary for Strategy, Policy, and Plans of the Department-- (1) shall serve as Chair of the Council; and (2) may designate a Council member as a Vice Chair. (e) Meetings.--The Council shall meet not less frequently than quarterly, as well as-- (1) at the call of the Chair; or (2) at the direction of the Secretary. (f) Briefings.--Not later than 180 days after the date of enactment of this Act and every 180 days thereafter for 4 years, the Council shall brief the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives on the actions and activities of the Council. 3. ASSISTANT SECRETARY FOR TRADE AND ECONOMIC SECURITY. Section 709 of the Homeland Security Act of 2002 (6 U.S.C. 349) is amended-- (1) by redesignating subsection (g) as subsection (h); and (2) by inserting after subsection (f) the following: ``(g) Assistant Secretary for Trade and Economic Security.-- ``(1) In general.--There is established within the Office of Strategy, Policy, and Plans an Assistant Secretary for Trade and Economic Security. ``(2) Duties.--At the direction of the Under Secretary for Strategy, Policy, and Plans, the Assistant Secretary for Trade and Economic Security shall be responsible for policy formulation regarding matters relating to economic security and trade, as such matters relate to the mission and the operations of the Department. ``(3) Additional responsibilities.--In addition to the duties specified in paragraph (2), the Assistant Secretary for Trade and Economic Security, at the direction of the Under Secretary for Strategy, Policy, and Plans, may-- ``(A) oversee-- ``(i) coordination of supply chain policy; and ``(ii) assessments and reports to Congress related to critical economic security domains; ``(B) serve as the representative of the Under Secretary for Strategy, Policy, and Plans for the purposes of representing the Department on-- ``(i) the Committee on Foreign Investment in the United States; and ``(ii) the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector; ``(C) coordinate with stakeholders in other Federal departments and agencies and nongovernmental entities with trade and economic security interests, authorities, and responsibilities; and ``(D) perform such additional duties as the Secretary or the Under Secretary of Strategy, Policy, and Plans may prescribe. ``(4) Definitions.--In this subsection: ``(A) Critical economic security domain.--The term `critical economic security domain' means any infrastructure, industry, technology, or intellectual property (or combination thereof) that is essential for the economic security of the United States. ``(B) Economic security.--The term `economic security' has the meaning given that term in section 890B(c)(2).''. SEC. 4. RULE OF CONSTRUCTION. Nothing in this Act or the amendments made by this Act shall be construed to affect or diminish the authority otherwise granted to any other officer of the Department of Homeland Security. Calendar No. 560 117th CONGRESS 2d Session S. 4243 [Report No. 117-208] _______________________________________________________________________

To establish the Department of Homeland Security Trade and Economic Security Council and the position of Assistant Secretary for Trade and Economic Security within the Department of Homeland Security, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <DELETED>SECTION 1. ASSISTANT SECRETARY FOR TRADE AND ECONOMIC SECURITY.</DELETED> <DELETED> Section 709 of the Homeland Security Act of 2002 (6 U.S.C. ''.</DELETED> SECTION 1. 2) Department.--The term ``Department'' means the Department of Homeland Security. ( d) Chair and Vice Chair.--The Under Secretary for Strategy, Policy, and Plans of the Department-- (1) shall serve as Chair of the Council; and (2) may designate a Council member as a Vice Chair. ( e) Meetings.--The Council shall meet not less frequently than quarterly, as well as-- (1) at the call of the Chair; or (2) at the direction of the Secretary. (f) Briefings.--Not later than 180 days after the date of enactment of this Act and every 180 days thereafter for 4 years, the Council shall brief the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives on the actions and activities of the Council. Section 709 of the Homeland Security Act of 2002 (6 U.S.C. 349) is amended-- (1) by redesignating subsection (g) as subsection (h); and (2) by inserting after subsection (f) the following: ``(g) Assistant Secretary for Trade and Economic Security.-- ``(1) In general.--There is established within the Office of Strategy, Policy, and Plans an Assistant Secretary for Trade and Economic Security. ``(4) Definitions.--In this subsection: ``(A) Critical economic security domain.--The term `critical economic security domain' means any infrastructure, industry, technology, or intellectual property (or combination thereof) that is essential for the economic security of the United States. 560 117th CONGRESS 2d Session S. 4243 [Report No. 117-208] _______________________________________________________________________

To establish the Department of Homeland Security Trade and Economic Security Council and the position of Assistant Secretary for Trade and Economic Security within the Department of Homeland Security, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <DELETED>SECTION 1. ASSISTANT SECRETARY FOR TRADE AND ECONOMIC SECURITY.</DELETED> <DELETED> Section 709 of the Homeland Security Act of 2002 (6 U.S.C. .</DELETED> SECTION 1. 2) Department.--The term ``Department'' means the Department of Homeland Security. (3) Economic security.--The term ``economic security'' has the meaning given that term in section 890B(c)(2) of the Homeland Security Act of 2002 (6 U.S.C. 474(c)(2)). ( f) Briefings.--Not later than 180 days after the date of enactment of this Act and every 180 days thereafter for 4 years, the Council shall brief the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives on the actions and activities of the Council. Section 709 of the Homeland Security Act of 2002 (6 U.S.C. 349) is amended-- (1) by redesignating subsection (g) as subsection (h); and (2) by inserting after subsection (f) the following: ``(g) Assistant Secretary for Trade and Economic Security.-- ``(1) In general.--There is established within the Office of Strategy, Policy, and Plans an Assistant Secretary for Trade and Economic Security. ``(2) Duties.--At the direction of the Under Secretary for Strategy, Policy, and Plans, the Assistant Secretary for Trade and Economic Security shall be responsible for policy formulation regarding matters relating to economic security and trade, as such matters relate to the mission and the operations of the Department.

To establish the Department of Homeland Security Trade and Economic Security Council and the position of Assistant Secretary for Trade and Economic Security within the Department of Homeland Security, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <DELETED>SECTION 1. ASSISTANT SECRETARY FOR TRADE AND ECONOMIC SECURITY.</DELETED> <DELETED> Section 709 of the Homeland Security Act of 2002 (6 U.S.C. .</DELETED> SECTION 1. 2) Department.--The term ``Department'' means the Department of Homeland Security. (3) Economic security.--The term ``economic security'' has the meaning given that term in section 890B(c)(2) of the Homeland Security Act of 2002 (6 U.S.C. 474(c)(2)). ( f) Briefings.--Not later than 180 days after the date of enactment of this Act and every 180 days thereafter for 4 years, the Council shall brief the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives on the actions and activities of the Council. Section 709 of the Homeland Security Act of 2002 (6 U.S.C. 349) is amended-- (1) by redesignating subsection (g) as subsection (h); and (2) by inserting after subsection (f) the following: ``(g) Assistant Secretary for Trade and Economic Security.-- ``(1) In general.--There is established within the Office of Strategy, Policy, and Plans an Assistant Secretary for Trade and Economic Security. ``(2) Duties.--At the direction of the Under Secretary for Strategy, Policy, and Plans, the Assistant Secretary for Trade and Economic Security shall be responsible for policy formulation regarding matters relating to economic security and trade, as such matters relate to the mission and the operations of the Department.

To establish the Department of Homeland Security Trade and Economic Security Council and the position of Assistant Secretary for Trade and Economic Security within the Department of Homeland Security, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <DELETED>SECTION 1. ASSISTANT SECRETARY FOR TRADE AND ECONOMIC SECURITY.</DELETED> <DELETED> Section 709 of the Homeland Security Act of 2002 (6 U.S.C. ''.</DELETED> SECTION 1. 2) Department.--The term ``Department'' means the Department of Homeland Security. ( d) Chair and Vice Chair.--The Under Secretary for Strategy, Policy, and Plans of the Department-- (1) shall serve as Chair of the Council; and (2) may designate a Council member as a Vice Chair. ( e) Meetings.--The Council shall meet not less frequently than quarterly, as well as-- (1) at the call of the Chair; or (2) at the direction of the Secretary. (f) Briefings.--Not later than 180 days after the date of enactment of this Act and every 180 days thereafter for 4 years, the Council shall brief the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives on the actions and activities of the Council. Section 709 of the Homeland Security Act of 2002 (6 U.S.C. 349) is amended-- (1) by redesignating subsection (g) as subsection (h); and (2) by inserting after subsection (f) the following: ``(g) Assistant Secretary for Trade and Economic Security.-- ``(1) In general.--There is established within the Office of Strategy, Policy, and Plans an Assistant Secretary for Trade and Economic Security. ``(4) Definitions.--In this subsection: ``(A) Critical economic security domain.--The term `critical economic security domain' means any infrastructure, industry, technology, or intellectual property (or combination thereof) that is essential for the economic security of the United States. 560 117th CONGRESS 2d Session S. 4243 [Report No. 117-208] _______________________________________________________________________

To establish the Department of Homeland Security Trade and Economic Security Council and the position of Assistant Secretary for Trade and Economic Security within the Department of Homeland Security, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <DELETED>SECTION 1. ASSISTANT SECRETARY FOR TRADE AND ECONOMIC SECURITY.</DELETED> <DELETED> Section 709 of the Homeland Security Act of 2002 (6 U.S.C. .</DELETED> SECTION 1. 2) Department.--The term ``Department'' means the Department of Homeland Security. (3) Economic security.--The term ``economic security'' has the meaning given that term in section 890B(c)(2) of the Homeland Security Act of 2002 (6 U.S.C. 474(c)(2)). ( f) Briefings.--Not later than 180 days after the date of enactment of this Act and every 180 days thereafter for 4 years, the Council shall brief the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives on the actions and activities of the Council. Section 709 of the Homeland Security Act of 2002 (6 U.S.C. 349) is amended-- (1) by redesignating subsection (g) as subsection (h); and (2) by inserting after subsection (f) the following: ``(g) Assistant Secretary for Trade and Economic Security.-- ``(1) In general.--There is established within the Office of Strategy, Policy, and Plans an Assistant Secretary for Trade and Economic Security. ``(2) Duties.--At the direction of the Under Secretary for Strategy, Policy, and Plans, the Assistant Secretary for Trade and Economic Security shall be responsible for policy formulation regarding matters relating to economic security and trade, as such matters relate to the mission and the operations of the Department.

To establish the Department of Homeland Security Trade and Economic Security Council and the position of Assistant Secretary for Trade and Economic Security within the Department of Homeland Security, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <DELETED>SECTION 1. ASSISTANT SECRETARY FOR TRADE AND ECONOMIC SECURITY.</DELETED> <DELETED> Section 709 of the Homeland Security Act of 2002 (6 U.S.C. ''.</DELETED> SECTION 1. 2) Department.--The term ``Department'' means the Department of Homeland Security. ( d) Chair and Vice Chair.--The Under Secretary for Strategy, Policy, and Plans of the Department-- (1) shall serve as Chair of the Council; and (2) may designate a Council member as a Vice Chair. ( e) Meetings.--The Council shall meet not less frequently than quarterly, as well as-- (1) at the call of the Chair; or (2) at the direction of the Secretary. (f) Briefings.--Not later than 180 days after the date of enactment of this Act and every 180 days thereafter for 4 years, the Council shall brief the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives on the actions and activities of the Council. Section 709 of the Homeland Security Act of 2002 (6 U.S.C. 349) is amended-- (1) by redesignating subsection (g) as subsection (h); and (2) by inserting after subsection (f) the following: ``(g) Assistant Secretary for Trade and Economic Security.-- ``(1) In general.--There is established within the Office of Strategy, Policy, and Plans an Assistant Secretary for Trade and Economic Security. ``(4) Definitions.--In this subsection: ``(A) Critical economic security domain.--The term `critical economic security domain' means any infrastructure, industry, technology, or intellectual property (or combination thereof) that is essential for the economic security of the United States. 560 117th CONGRESS 2d Session S. 4243 [Report No. 117-208] _______________________________________________________________________

To establish the Department of Homeland Security Trade and Economic Security Council and the position of Assistant Secretary for Trade and Economic Security within the Department of Homeland Security, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <DELETED>SECTION 1. ASSISTANT SECRETARY FOR TRADE AND ECONOMIC SECURITY.</DELETED> <DELETED> Section 709 of the Homeland Security Act of 2002 (6 U.S.C. .</DELETED> SECTION 1. 2) Department.--The term ``Department'' means the Department of Homeland Security. (3) Economic security.--The term ``economic security'' has the meaning given that term in section 890B(c)(2) of the Homeland Security Act of 2002 (6 U.S.C. 474(c)(2)). ( f) Briefings.--Not later than 180 days after the date of enactment of this Act and every 180 days thereafter for 4 years, the Council shall brief the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives on the actions and activities of the Council. Section 709 of the Homeland Security Act of 2002 (6 U.S.C. 349) is amended-- (1) by redesignating subsection (g) as subsection (h); and (2) by inserting after subsection (f) the following: ``(g) Assistant Secretary for Trade and Economic Security.-- ``(1) In general.--There is established within the Office of Strategy, Policy, and Plans an Assistant Secretary for Trade and Economic Security. ``(2) Duties.--At the direction of the Under Secretary for Strategy, Policy, and Plans, the Assistant Secretary for Trade and Economic Security shall be responsible for policy formulation regarding matters relating to economic security and trade, as such matters relate to the mission and the operations of the Department.

To establish the Department of Homeland Security Trade and Economic Security Council and the position of Assistant Secretary for Trade and Economic Security within the Department of Homeland Security, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <DELETED>SECTION 1. ASSISTANT SECRETARY FOR TRADE AND ECONOMIC SECURITY.</DELETED> <DELETED> Section 709 of the Homeland Security Act of 2002 (6 U.S.C. ''.</DELETED> SECTION 1. 2) Department.--The term ``Department'' means the Department of Homeland Security. ( d) Chair and Vice Chair.--The Under Secretary for Strategy, Policy, and Plans of the Department-- (1) shall serve as Chair of the Council; and (2) may designate a Council member as a Vice Chair. ( e) Meetings.--The Council shall meet not less frequently than quarterly, as well as-- (1) at the call of the Chair; or (2) at the direction of the Secretary. (f) Briefings.--Not later than 180 days after the date of enactment of this Act and every 180 days thereafter for 4 years, the Council shall brief the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives on the actions and activities of the Council. Section 709 of the Homeland Security Act of 2002 (6 U.S.C. 349) is amended-- (1) by redesignating subsection (g) as subsection (h); and (2) by inserting after subsection (f) the following: ``(g) Assistant Secretary for Trade and Economic Security.-- ``(1) In general.--There is established within the Office of Strategy, Policy, and Plans an Assistant Secretary for Trade and Economic Security. ``(4) Definitions.--In this subsection: ``(A) Critical economic security domain.--The term `critical economic security domain' means any infrastructure, industry, technology, or intellectual property (or combination thereof) that is essential for the economic security of the United States. 560 117th CONGRESS 2d Session S. 4243 [Report No. 117-208] _______________________________________________________________________

To establish the Department of Homeland Security Trade and Economic Security Council and the position of Assistant Secretary for Trade and Economic Security within the Department of Homeland Security, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <DELETED>SECTION 1. ASSISTANT SECRETARY FOR TRADE AND ECONOMIC SECURITY.</DELETED> <DELETED> Section 709 of the Homeland Security Act of 2002 (6 U.S.C. .</DELETED> SECTION 1. 2) Department.--The term ``Department'' means the Department of Homeland Security. (3) Economic security.--The term ``economic security'' has the meaning given that term in section 890B(c)(2) of the Homeland Security Act of 2002 (6 U.S.C. 474(c)(2)). ( f) Briefings.--Not later than 180 days after the date of enactment of this Act and every 180 days thereafter for 4 years, the Council shall brief the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives on the actions and activities of the Council. Section 709 of the Homeland Security Act of 2002 (6 U.S.C. 349) is amended-- (1) by redesignating subsection (g) as subsection (h); and (2) by inserting after subsection (f) the following: ``(g) Assistant Secretary for Trade and Economic Security.-- ``(1) In general.--There is established within the Office of Strategy, Policy, and Plans an Assistant Secretary for Trade and Economic Security. ``(2) Duties.--At the direction of the Under Secretary for Strategy, Policy, and Plans, the Assistant Secretary for Trade and Economic Security shall be responsible for policy formulation regarding matters relating to economic security and trade, as such matters relate to the mission and the operations of the Department.

To establish the Department of Homeland Security Trade and Economic Security Council and the position of Assistant Secretary for Trade and Economic Security within the Department of Homeland Security, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <DELETED>SECTION 1. ASSISTANT SECRETARY FOR TRADE AND ECONOMIC SECURITY.</DELETED> <DELETED> Section 709 of the Homeland Security Act of 2002 (6 U.S.C. ''.</DELETED> SECTION 1. 2) Department.--The term ``Department'' means the Department of Homeland Security. ( d) Chair and Vice Chair.--The Under Secretary for Strategy, Policy, and Plans of the Department-- (1) shall serve as Chair of the Council; and (2) may designate a Council member as a Vice Chair. ( e) Meetings.--The Council shall meet not less frequently than quarterly, as well as-- (1) at the call of the Chair; or (2) at the direction of the Secretary. (f) Briefings.--Not later than 180 days after the date of enactment of this Act and every 180 days thereafter for 4 years, the Council shall brief the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives on the actions and activities of the Council. Section 709 of the Homeland Security Act of 2002 (6 U.S.C. 349) is amended-- (1) by redesignating subsection (g) as subsection (h); and (2) by inserting after subsection (f) the following: ``(g) Assistant Secretary for Trade and Economic Security.-- ``(1) In general.--There is established within the Office of Strategy, Policy, and Plans an Assistant Secretary for Trade and Economic Security. ``(4) Definitions.--In this subsection: ``(A) Critical economic security domain.--The term `critical economic security domain' means any infrastructure, industry, technology, or intellectual property (or combination thereof) that is essential for the economic security of the United States. 560 117th CONGRESS 2d Session S. 4243 [Report No. 117-208] _______________________________________________________________________

DHS Trade and Economic Security Council Act of 2022 - Directs the Secretary of Homeland Security (DHS) to establish a standing council of component heads or their designees within DHS to provide to the Secretary advice and recommendations on matters of trade and economic security, including: (1) identifying concentrated risks for trade and security; (2) setting priorities for securing the U.S. Establishes within the Office of Strategy, Policy, and Plans of the Department of Homeland Security (DHS) the DHS Trade and Economic Security Council to provide advice and recommendations on matters of trade and economic security, including: (1) identifying concentrated risks for trade and security; (2) setting priorities for securing the U.S. economy; (3) coordinating DHS

H.R.244

Government Operations and Politics

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

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

Executive Branch Conflict of Interest Act

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

Executive Branch Conflict of Interest Act

Rep. Gomez, Jimmy

D

CA

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

To strengthen and enhance certain ethics requirements for the Federal Government, and for other purposes. This Act may be cited as the ``Executive Branch Conflict of Interest Act''. 2. RESTRICTIONS ON PRIVATE SECTOR PAYMENT FOR GOVERNMENT SERVICE. REQUIREMENTS RELATING TO SLOWING THE REVOLVING DOOR. App.) ``(2) Covered employee.--The term `covered employee' means an officer or employee referred to in paragraph (2) of section 207(c) of title 18, United States Code. ``(3) Director.--The term `Director' means the Director of the Office of Government Ethics. ``(5) Former client.--The term `former client'-- ``(A) means a person for whom a covered employee served personally as an agent, attorney, or consultant during the 2-year period ending on the date before the date on which the covered employee begins service in the Federal Government; and ``(B) does not include-- ``(i) instances in which the service provided was limited to a speech or similar appearance by the covered employee; or ``(ii) a client of the former employer of the covered employee to whom the covered employee did not personally provide such services. ``(7) Particular matter.--The term `particular matter' has the meaning given that term in section 207(i) of title 18, United States Code. 602. ``(2) Publication.--The head of the covered agency shall provide a waiver under paragraph (1) to the Director and post the waiver on the website of the agency within 30 calendar days after granting such waiver. PENALTIES AND INJUNCTIONS. ``(b) Civil Enforcement.-- ``(1) In general.--The Attorney General may bring a civil action in an appropriate district court of the United States against any person who violates, or whom the Attorney General has reason to believe is engaging in conduct that violates, section 602. 4. (c) Requirement on Award of Government Contracts to Former Employers.-- (1) In general.--Chapter 21 of division B of subtitle I of title 41, United States Code, is amended by adding at the end the following new section: ``Sec. 2108. Prohibition on involvement by certain former contractor employees in procurements.''. )), monitor compliance with that chapter by individuals and agencies. 5. (a) In General.--Subsection (c) of section 207 of title 18, United States Code, is amended-- (1) in the subsection heading, by striking ``One-year'' and inserting ``Two-year''; (2) in paragraph (1), by striking ``1 year'' in each instance and inserting ``2 years''; and (3) in paragraph (2)(B), by striking ``1-year'' and inserting ``2-year''. SEC. 6. If any provision of this Act or amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this Act and amendments made by this Act, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding.

To strengthen and enhance certain ethics requirements for the Federal Government, and for other purposes. This Act may be cited as the ``Executive Branch Conflict of Interest Act''. 2. RESTRICTIONS ON PRIVATE SECTOR PAYMENT FOR GOVERNMENT SERVICE. REQUIREMENTS RELATING TO SLOWING THE REVOLVING DOOR. App.) ``(2) Covered employee.--The term `covered employee' means an officer or employee referred to in paragraph (2) of section 207(c) of title 18, United States Code. ``(3) Director.--The term `Director' means the Director of the Office of Government Ethics. ``(7) Particular matter.--The term `particular matter' has the meaning given that term in section 207(i) of title 18, United States Code. 602. PENALTIES AND INJUNCTIONS. ``(b) Civil Enforcement.-- ``(1) In general.--The Attorney General may bring a civil action in an appropriate district court of the United States against any person who violates, or whom the Attorney General has reason to believe is engaging in conduct that violates, section 602. 4. (c) Requirement on Award of Government Contracts to Former Employers.-- (1) In general.--Chapter 21 of division B of subtitle I of title 41, United States Code, is amended by adding at the end the following new section: ``Sec. 2108. Prohibition on involvement by certain former contractor employees in procurements.''. )), monitor compliance with that chapter by individuals and agencies. 5. (a) In General.--Subsection (c) of section 207 of title 18, United States Code, is amended-- (1) in the subsection heading, by striking ``One-year'' and inserting ``Two-year''; (2) in paragraph (1), by striking ``1 year'' in each instance and inserting ``2 years''; and (3) in paragraph (2)(B), by striking ``1-year'' and inserting ``2-year''. SEC. 6. If any provision of this Act or amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this Act and amendments made by this Act, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding.

To strengthen and enhance certain ethics requirements for the Federal Government, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. This Act may be cited as the ``Executive Branch Conflict of Interest Act''. 2. RESTRICTIONS ON PRIVATE SECTOR PAYMENT FOR GOVERNMENT SERVICE. REQUIREMENTS RELATING TO SLOWING THE REVOLVING DOOR. App.) 601. DEFINITIONS. ``(2) Covered employee.--The term `covered employee' means an officer or employee referred to in paragraph (2) of section 207(c) of title 18, United States Code. ``(3) Director.--The term `Director' means the Director of the Office of Government Ethics. ``(5) Former client.--The term `former client'-- ``(A) means a person for whom a covered employee served personally as an agent, attorney, or consultant during the 2-year period ending on the date before the date on which the covered employee begins service in the Federal Government; and ``(B) does not include-- ``(i) instances in which the service provided was limited to a speech or similar appearance by the covered employee; or ``(ii) a client of the former employer of the covered employee to whom the covered employee did not personally provide such services. ``(7) Particular matter.--The term `particular matter' has the meaning given that term in section 207(i) of title 18, United States Code. 602. CONFLICT OF INTEREST AND ELIGIBILITY STANDARDS. ``(2) Publication.--The head of the covered agency shall provide a waiver under paragraph (1) to the Director and post the waiver on the website of the agency within 30 calendar days after granting such waiver. 603. PENALTIES AND INJUNCTIONS. ``(b) Civil Enforcement.-- ``(1) In general.--The Attorney General may bring a civil action in an appropriate district court of the United States against any person who violates, or whom the Attorney General has reason to believe is engaging in conduct that violates, section 602. ``(2) Civil penalty.-- ``(A) In general.--If the court finds by a preponderance of the evidence that a person violated section 602, the court shall impose a civil penalty of not more than the greater of-- ``(i) $100,000 for each violation; or ``(ii) the amount of compensation the person received or was offered for the conduct constituting the violation. ``(C) Rule of construction.--The filing of a petition seeking injunctive relief under this paragraph shall not preclude any other remedy that is available by law to the United States or any other person.''. 4. PROHIBITION OF PROCUREMENT OFFICERS ACCEPTING EMPLOYMENT FROM GOVERNMENT CONTRACTORS. (b) Requirement for Procurement Officers To Disclose Job Offers Made on Behalf of Relatives.--Section 2103(a) of title 41, United States Code, is amended in the matter preceding paragraph (1) by inserting after ``that official'' the following: ``, or for a relative (as defined in section 3110 of title 5) of that official,''. (c) Requirement on Award of Government Contracts to Former Employers.-- (1) In general.--Chapter 21 of division B of subtitle I of title 41, United States Code, is amended by adding at the end the following new section: ``Sec. 2108. Prohibition on involvement by certain former contractor employees in procurements.''. (d) Regulations.--The Administrator for Federal Procurement Policy and the Director of the Office of Management and Budget shall-- (1) in consultation with the Director of the Office of Personnel Management and the Counsel to the President, promulgate regulations to carry out and ensure the enforcement of chapter 21 of title 41, United States Code, as amended by this section; and (2) in consultation with designated agency ethics officials (as that term is defined in section 109(3) of the Ethics in Government Act of 1978 (5 U.S.C. )), monitor compliance with that chapter by individuals and agencies. 5. (a) In General.--Subsection (c) of section 207 of title 18, United States Code, is amended-- (1) in the subsection heading, by striking ``One-year'' and inserting ``Two-year''; (2) in paragraph (1), by striking ``1 year'' in each instance and inserting ``2 years''; and (3) in paragraph (2)(B), by striking ``1-year'' and inserting ``2-year''. SEC. 6. SEVERABILITY. If any provision of this Act or amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this Act and amendments made by this Act, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding.

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

To strengthen and enhance certain ethics requirements for the Federal Government, and for other purposes. Section 209 of title 18, United States Code, is amended-- (1) in subsection (a), by striking ``any salary'' and inserting ``any salary (including a bonus)''; and (2) in subsection (b)-- (A) by inserting ``(1)'' after ``(b)''; and (B) by adding at the end the following: ``(2) For purposes of paragraph (1), a pension, retirement, group life, health or accident insurance, profit-sharing, stock bonus, or other employee welfare or benefit plan that makes payment of any portion of compensation contingent on accepting a position in the United States Government shall not be considered bona fide.''. ``In this title: ``(1) Covered agency.--The term `covered agency'-- ``(A) means an Executive agency, as defined in section 105 of title 5, United States Code, the Postal Service and the Postal Rate Commission, but does not include the Government Accountability Office or the Government of the District of Columbia; and ``(B) shall include the Executive Office of the President. ``(2) Covered employee.--The term `covered employee' means an officer or employee referred to in paragraph (2) of section 207(c) of title 18, United States Code. ``(7) Particular matter.--The term `particular matter' has the meaning given that term in section 207(i) of title 18, United States Code. CONFLICT OF INTEREST AND ELIGIBILITY STANDARDS. ``(b) Waiver.-- ``(1) In general.--The head of the covered agency employing a covered employee, in consultation with the Director, may grant a written waiver of the restrictions under subsection (a) prior to engaging in the action otherwise prohibited by subsection (a) if, and to the extent that, the head of the covered agency certifies in writing that-- ``(A) the application of the restriction to the particular matter is inconsistent with the purposes of the restriction; or ``(B) it is in the public interest to grant the waiver. ``(b) Civil Enforcement.-- ``(1) In general.--The Attorney General may bring a civil action in an appropriate district court of the United States against any person who violates, or whom the Attorney General has reason to believe is engaging in conduct that violates, section 602. ``(2) Civil penalty.-- ``(A) In general.--If the court finds by a preponderance of the evidence that a person violated section 602, the court shall impose a civil penalty of not more than the greater of-- ``(i) $100,000 for each violation; or ``(ii) the amount of compensation the person received or was offered for the conduct constituting the violation. ``(3) Injunctive relief.-- ``(A) In general.--In a civil action brought under paragraph (1) against a person, the Attorney General may petition the court for an order prohibiting the person from engaging in conduct that violates section 602. b) Requirement for Procurement Officers To Disclose Job Offers Made on Behalf of Relatives.--Section 2103(a) of title 41, United States Code, is amended in the matter preceding paragraph (1) by inserting after ``that official'' the following: ``, or for a relative (as defined in section 3110 of title 5) of that official,''. ( c) Requirement on Award of Government Contracts to Former Employers.-- (1) In general.--Chapter 21 of division B of subtitle I of title 41, United States Code, is amended by adding at the end the following new section: ``Sec. Prohibition on involvement by certain former contractor employees in procurements ``An employee of the Federal Government may not be personally and substantially involved with any award of a contract to, or the administration of a contract awarded to, a contractor that is a former employer of the employee during the 2-year period beginning on the date on which the employee leaves the employment of the contractor.''. ( d) Regulations.--The Administrator for Federal Procurement Policy and the Director of the Office of Management and Budget shall-- (1) in consultation with the Director of the Office of Personnel Management and the Counsel to the President, promulgate regulations to carry out and ensure the enforcement of chapter 21 of title 41, United States Code, as amended by this section; and (2) in consultation with designated agency ethics officials (as that term is defined in section 109(3) of the Ethics in Government Act of 1978 (5 U.S.C. App. )), (a) In General.--Subsection (c) of section 207 of title 18, United States Code, is amended-- (1) in the subsection heading, by striking ``One-year'' and inserting ``Two-year''; (2) in paragraph (1), by striking ``1 year'' in each instance and inserting ``2 years''; and (3) in paragraph (2)(B), by striking ``1-year'' and inserting ``2-year''. ( b) Application.--The amendments made by subsection (a) shall apply to any individual covered by subsection (c) of section 207 of title 18, United States Code, separating from the civil service on or after the date of enactment of this Act.

To strengthen and enhance certain ethics requirements for the Federal Government, and for other purposes. REQUIREMENTS RELATING TO SLOWING THE REVOLVING DOOR. ( ``In this title: ``(1) Covered agency.--The term `covered agency'-- ``(A) means an Executive agency, as defined in section 105 of title 5, United States Code, the Postal Service and the Postal Rate Commission, but does not include the Government Accountability Office or the Government of the District of Columbia; and ``(B) shall include the Executive Office of the President. ``(5) Former client.--The term `former client'-- ``(A) means a person for whom a covered employee served personally as an agent, attorney, or consultant during the 2-year period ending on the date before the date on which the covered employee begins service in the Federal Government; and ``(B) does not include-- ``(i) instances in which the service provided was limited to a speech or similar appearance by the covered employee; or ``(ii) a client of the former employer of the covered employee to whom the covered employee did not personally provide such services. ``(b) Waiver.-- ``(1) In general.--The head of the covered agency employing a covered employee, in consultation with the Director, may grant a written waiver of the restrictions under subsection (a) prior to engaging in the action otherwise prohibited by subsection (a) if, and to the extent that, the head of the covered agency certifies in writing that-- ``(A) the application of the restriction to the particular matter is inconsistent with the purposes of the restriction; or ``(B) it is in the public interest to grant the waiver. ``(2) Publication.--The head of the covered agency shall provide a waiver under paragraph (1) to the Director and post the waiver on the website of the agency within 30 calendar days after granting such waiver. PENALTIES AND INJUNCTIONS. ``(b) Civil Enforcement.-- ``(1) In general.--The Attorney General may bring a civil action in an appropriate district court of the United States against any person who violates, or whom the Attorney General has reason to believe is engaging in conduct that violates, section 602. b) Requirement for Procurement Officers To Disclose Job Offers Made on Behalf of Relatives.--Section 2103(a) of title 41, United States Code, is amended in the matter preceding paragraph (1) by inserting after ``that official'' the following: ``, or for a relative (as defined in section 3110 of title 5) of that official,''. ( c) Requirement on Award of Government Contracts to Former Employers.-- (1) In general.--Chapter 21 of division B of subtitle I of title 41, United States Code, is amended by adding at the end the following new section: ``Sec. (d) Regulations.--The Administrator for Federal Procurement Policy and the Director of the Office of Management and Budget shall-- (1) in consultation with the Director of the Office of Personnel Management and the Counsel to the President, promulgate regulations to carry out and ensure the enforcement of chapter 21 of title 41, United States Code, as amended by this section; and (2) in consultation with designated agency ethics officials (as that term is defined in section 109(3) of the Ethics in Government Act of 1978 (5 U.S.C. App. )), a) In General.--Subsection (c) of section 207 of title 18, United States Code, is amended-- (1) in the subsection heading, by striking ``One-year'' and inserting ``Two-year''; (2) in paragraph (1), by striking ``1 year'' in each instance and inserting ``2 years''; and (3) in paragraph (2)(B), by striking ``1-year'' and inserting ``2-year''. (

To strengthen and enhance certain ethics requirements for the Federal Government, and for other purposes. REQUIREMENTS RELATING TO SLOWING THE REVOLVING DOOR. ( ``In this title: ``(1) Covered agency.--The term `covered agency'-- ``(A) means an Executive agency, as defined in section 105 of title 5, United States Code, the Postal Service and the Postal Rate Commission, but does not include the Government Accountability Office or the Government of the District of Columbia; and ``(B) shall include the Executive Office of the President. ``(5) Former client.--The term `former client'-- ``(A) means a person for whom a covered employee served personally as an agent, attorney, or consultant during the 2-year period ending on the date before the date on which the covered employee begins service in the Federal Government; and ``(B) does not include-- ``(i) instances in which the service provided was limited to a speech or similar appearance by the covered employee; or ``(ii) a client of the former employer of the covered employee to whom the covered employee did not personally provide such services. ``(b) Waiver.-- ``(1) In general.--The head of the covered agency employing a covered employee, in consultation with the Director, may grant a written waiver of the restrictions under subsection (a) prior to engaging in the action otherwise prohibited by subsection (a) if, and to the extent that, the head of the covered agency certifies in writing that-- ``(A) the application of the restriction to the particular matter is inconsistent with the purposes of the restriction; or ``(B) it is in the public interest to grant the waiver. ``(2) Publication.--The head of the covered agency shall provide a waiver under paragraph (1) to the Director and post the waiver on the website of the agency within 30 calendar days after granting such waiver. PENALTIES AND INJUNCTIONS. ``(b) Civil Enforcement.-- ``(1) In general.--The Attorney General may bring a civil action in an appropriate district court of the United States against any person who violates, or whom the Attorney General has reason to believe is engaging in conduct that violates, section 602. b) Requirement for Procurement Officers To Disclose Job Offers Made on Behalf of Relatives.--Section 2103(a) of title 41, United States Code, is amended in the matter preceding paragraph (1) by inserting after ``that official'' the following: ``, or for a relative (as defined in section 3110 of title 5) of that official,''. ( c) Requirement on Award of Government Contracts to Former Employers.-- (1) In general.--Chapter 21 of division B of subtitle I of title 41, United States Code, is amended by adding at the end the following new section: ``Sec. (d) Regulations.--The Administrator for Federal Procurement Policy and the Director of the Office of Management and Budget shall-- (1) in consultation with the Director of the Office of Personnel Management and the Counsel to the President, promulgate regulations to carry out and ensure the enforcement of chapter 21 of title 41, United States Code, as amended by this section; and (2) in consultation with designated agency ethics officials (as that term is defined in section 109(3) of the Ethics in Government Act of 1978 (5 U.S.C. App. )), a) In General.--Subsection (c) of section 207 of title 18, United States Code, is amended-- (1) in the subsection heading, by striking ``One-year'' and inserting ``Two-year''; (2) in paragraph (1), by striking ``1 year'' in each instance and inserting ``2 years''; and (3) in paragraph (2)(B), by striking ``1-year'' and inserting ``2-year''. (

To strengthen and enhance certain ethics requirements for the Federal Government, and for other purposes. Section 209 of title 18, United States Code, is amended-- (1) in subsection (a), by striking ``any salary'' and inserting ``any salary (including a bonus)''; and (2) in subsection (b)-- (A) by inserting ``(1)'' after ``(b)''; and (B) by adding at the end the following: ``(2) For purposes of paragraph (1), a pension, retirement, group life, health or accident insurance, profit-sharing, stock bonus, or other employee welfare or benefit plan that makes payment of any portion of compensation contingent on accepting a position in the United States Government shall not be considered bona fide.''. ``In this title: ``(1) Covered agency.--The term `covered agency'-- ``(A) means an Executive agency, as defined in section 105 of title 5, United States Code, the Postal Service and the Postal Rate Commission, but does not include the Government Accountability Office or the Government of the District of Columbia; and ``(B) shall include the Executive Office of the President. ``(2) Covered employee.--The term `covered employee' means an officer or employee referred to in paragraph (2) of section 207(c) of title 18, United States Code. ``(7) Particular matter.--The term `particular matter' has the meaning given that term in section 207(i) of title 18, United States Code. CONFLICT OF INTEREST AND ELIGIBILITY STANDARDS. ``(b) Waiver.-- ``(1) In general.--The head of the covered agency employing a covered employee, in consultation with the Director, may grant a written waiver of the restrictions under subsection (a) prior to engaging in the action otherwise prohibited by subsection (a) if, and to the extent that, the head of the covered agency certifies in writing that-- ``(A) the application of the restriction to the particular matter is inconsistent with the purposes of the restriction; or ``(B) it is in the public interest to grant the waiver. ``(b) Civil Enforcement.-- ``(1) In general.--The Attorney General may bring a civil action in an appropriate district court of the United States against any person who violates, or whom the Attorney General has reason to believe is engaging in conduct that violates, section 602. ``(2) Civil penalty.-- ``(A) In general.--If the court finds by a preponderance of the evidence that a person violated section 602, the court shall impose a civil penalty of not more than the greater of-- ``(i) $100,000 for each violation; or ``(ii) the amount of compensation the person received or was offered for the conduct constituting the violation. ``(3) Injunctive relief.-- ``(A) In general.--In a civil action brought under paragraph (1) against a person, the Attorney General may petition the court for an order prohibiting the person from engaging in conduct that violates section 602. b) Requirement for Procurement Officers To Disclose Job Offers Made on Behalf of Relatives.--Section 2103(a) of title 41, United States Code, is amended in the matter preceding paragraph (1) by inserting after ``that official'' the following: ``, or for a relative (as defined in section 3110 of title 5) of that official,''. ( c) Requirement on Award of Government Contracts to Former Employers.-- (1) In general.--Chapter 21 of division B of subtitle I of title 41, United States Code, is amended by adding at the end the following new section: ``Sec. Prohibition on involvement by certain former contractor employees in procurements ``An employee of the Federal Government may not be personally and substantially involved with any award of a contract to, or the administration of a contract awarded to, a contractor that is a former employer of the employee during the 2-year period beginning on the date on which the employee leaves the employment of the contractor.''. ( d) Regulations.--The Administrator for Federal Procurement Policy and the Director of the Office of Management and Budget shall-- (1) in consultation with the Director of the Office of Personnel Management and the Counsel to the President, promulgate regulations to carry out and ensure the enforcement of chapter 21 of title 41, United States Code, as amended by this section; and (2) in consultation with designated agency ethics officials (as that term is defined in section 109(3) of the Ethics in Government Act of 1978 (5 U.S.C. App. )), (a) In General.--Subsection (c) of section 207 of title 18, United States Code, is amended-- (1) in the subsection heading, by striking ``One-year'' and inserting ``Two-year''; (2) in paragraph (1), by striking ``1 year'' in each instance and inserting ``2 years''; and (3) in paragraph (2)(B), by striking ``1-year'' and inserting ``2-year''. ( b) Application.--The amendments made by subsection (a) shall apply to any individual covered by subsection (c) of section 207 of title 18, United States Code, separating from the civil service on or after the date of enactment of this Act.

To strengthen and enhance certain ethics requirements for the Federal Government, and for other purposes. REQUIREMENTS RELATING TO SLOWING THE REVOLVING DOOR. ( ``In this title: ``(1) Covered agency.--The term `covered agency'-- ``(A) means an Executive agency, as defined in section 105 of title 5, United States Code, the Postal Service and the Postal Rate Commission, but does not include the Government Accountability Office or the Government of the District of Columbia; and ``(B) shall include the Executive Office of the President. ``(5) Former client.--The term `former client'-- ``(A) means a person for whom a covered employee served personally as an agent, attorney, or consultant during the 2-year period ending on the date before the date on which the covered employee begins service in the Federal Government; and ``(B) does not include-- ``(i) instances in which the service provided was limited to a speech or similar appearance by the covered employee; or ``(ii) a client of the former employer of the covered employee to whom the covered employee did not personally provide such services. ``(b) Waiver.-- ``(1) In general.--The head of the covered agency employing a covered employee, in consultation with the Director, may grant a written waiver of the restrictions under subsection (a) prior to engaging in the action otherwise prohibited by subsection (a) if, and to the extent that, the head of the covered agency certifies in writing that-- ``(A) the application of the restriction to the particular matter is inconsistent with the purposes of the restriction; or ``(B) it is in the public interest to grant the waiver. ``(2) Publication.--The head of the covered agency shall provide a waiver under paragraph (1) to the Director and post the waiver on the website of the agency within 30 calendar days after granting such waiver. PENALTIES AND INJUNCTIONS. ``(b) Civil Enforcement.-- ``(1) In general.--The Attorney General may bring a civil action in an appropriate district court of the United States against any person who violates, or whom the Attorney General has reason to believe is engaging in conduct that violates, section 602. b) Requirement for Procurement Officers To Disclose Job Offers Made on Behalf of Relatives.--Section 2103(a) of title 41, United States Code, is amended in the matter preceding paragraph (1) by inserting after ``that official'' the following: ``, or for a relative (as defined in section 3110 of title 5) of that official,''. ( c) Requirement on Award of Government Contracts to Former Employers.-- (1) In general.--Chapter 21 of division B of subtitle I of title 41, United States Code, is amended by adding at the end the following new section: ``Sec. (d) Regulations.--The Administrator for Federal Procurement Policy and the Director of the Office of Management and Budget shall-- (1) in consultation with the Director of the Office of Personnel Management and the Counsel to the President, promulgate regulations to carry out and ensure the enforcement of chapter 21 of title 41, United States Code, as amended by this section; and (2) in consultation with designated agency ethics officials (as that term is defined in section 109(3) of the Ethics in Government Act of 1978 (5 U.S.C. App. )), a) In General.--Subsection (c) of section 207 of title 18, United States Code, is amended-- (1) in the subsection heading, by striking ``One-year'' and inserting ``Two-year''; (2) in paragraph (1), by striking ``1 year'' in each instance and inserting ``2 years''; and (3) in paragraph (2)(B), by striking ``1-year'' and inserting ``2-year''. (

To strengthen and enhance certain ethics requirements for the Federal Government, and for other purposes. ``(7) Particular matter.--The term `particular matter' has the meaning given that term in section 207(i) of title 18, United States Code. ``(b) Waiver.-- ``(1) In general.--The head of the covered agency employing a covered employee, in consultation with the Director, may grant a written waiver of the restrictions under subsection (a) prior to engaging in the action otherwise prohibited by subsection (a) if, and to the extent that, the head of the covered agency certifies in writing that-- ``(A) the application of the restriction to the particular matter is inconsistent with the purposes of the restriction; or ``(B) it is in the public interest to grant the waiver. ``(b) Civil Enforcement.-- ``(1) In general.--The Attorney General may bring a civil action in an appropriate district court of the United States against any person who violates, or whom the Attorney General has reason to believe is engaging in conduct that violates, section 602. ``(3) Injunctive relief.-- ``(A) In general.--In a civil action brought under paragraph (1) against a person, the Attorney General may petition the court for an order prohibiting the person from engaging in conduct that violates section 602. c) Requirement on Award of Government Contracts to Former Employers.-- (1) In general.--Chapter 21 of division B of subtitle I of title 41, United States Code, is amended by adding at the end the following new section: ``Sec. ( d) Regulations.--The Administrator for Federal Procurement Policy and the Director of the Office of Management and Budget shall-- (1) in consultation with the Director of the Office of Personnel Management and the Counsel to the President, promulgate regulations to carry out and ensure the enforcement of chapter 21 of title 41, United States Code, as amended by this section; and (2) in consultation with designated agency ethics officials (as that term is defined in section 109(3) of the Ethics in Government Act of 1978 (5 U.S.C. App. )), ( a) In General.--Subsection (c) of section 207 of title 18, United States Code, is amended-- (1) in the subsection heading, by striking ``One-year'' and inserting ``Two-year''; (2) in paragraph (1), by striking ``1 year'' in each instance and inserting ``2 years''; and (3) in paragraph (2)(B), by striking ``1-year'' and inserting ``2-year''. (

To strengthen and enhance certain ethics requirements for the Federal Government, and for other purposes. ``(b) Waiver.-- ``(1) In general.--The head of the covered agency employing a covered employee, in consultation with the Director, may grant a written waiver of the restrictions under subsection (a) prior to engaging in the action otherwise prohibited by subsection (a) if, and to the extent that, the head of the covered agency certifies in writing that-- ``(A) the application of the restriction to the particular matter is inconsistent with the purposes of the restriction; or ``(B) it is in the public interest to grant the waiver. ``(b) Civil Enforcement.-- ``(1) In general.--The Attorney General may bring a civil action in an appropriate district court of the United States against any person who violates, or whom the Attorney General has reason to believe is engaging in conduct that violates, section 602. d) Regulations.--The Administrator for Federal Procurement Policy and the Director of the Office of Management and Budget shall-- (1) in consultation with the Director of the Office of Personnel Management and the Counsel to the President, promulgate regulations to carry out and ensure the enforcement of chapter 21 of title 41, United States Code, as amended by this section; and (2) in consultation with designated agency ethics officials (as that term is defined in section 109(3) of the Ethics in Government Act of 1978 (5 U.S.C. App. )),

To strengthen and enhance certain ethics requirements for the Federal Government, and for other purposes. ``(7) Particular matter.--The term `particular matter' has the meaning given that term in section 207(i) of title 18, United States Code. ``(b) Waiver.-- ``(1) In general.--The head of the covered agency employing a covered employee, in consultation with the Director, may grant a written waiver of the restrictions under subsection (a) prior to engaging in the action otherwise prohibited by subsection (a) if, and to the extent that, the head of the covered agency certifies in writing that-- ``(A) the application of the restriction to the particular matter is inconsistent with the purposes of the restriction; or ``(B) it is in the public interest to grant the waiver. ``(b) Civil Enforcement.-- ``(1) In general.--The Attorney General may bring a civil action in an appropriate district court of the United States against any person who violates, or whom the Attorney General has reason to believe is engaging in conduct that violates, section 602. ``(3) Injunctive relief.-- ``(A) In general.--In a civil action brought under paragraph (1) against a person, the Attorney General may petition the court for an order prohibiting the person from engaging in conduct that violates section 602. c) Requirement on Award of Government Contracts to Former Employers.-- (1) In general.--Chapter 21 of division B of subtitle I of title 41, United States Code, is amended by adding at the end the following new section: ``Sec. ( d) Regulations.--The Administrator for Federal Procurement Policy and the Director of the Office of Management and Budget shall-- (1) in consultation with the Director of the Office of Personnel Management and the Counsel to the President, promulgate regulations to carry out and ensure the enforcement of chapter 21 of title 41, United States Code, as amended by this section; and (2) in consultation with designated agency ethics officials (as that term is defined in section 109(3) of the Ethics in Government Act of 1978 (5 U.S.C. App. )), ( a) In General.--Subsection (c) of section 207 of title 18, United States Code, is amended-- (1) in the subsection heading, by striking ``One-year'' and inserting ``Two-year''; (2) in paragraph (1), by striking ``1 year'' in each instance and inserting ``2 years''; and (3) in paragraph (2)(B), by striking ``1-year'' and inserting ``2-year''. (

To strengthen and enhance certain ethics requirements for the Federal Government, and for other purposes. ``(b) Waiver.-- ``(1) In general.--The head of the covered agency employing a covered employee, in consultation with the Director, may grant a written waiver of the restrictions under subsection (a) prior to engaging in the action otherwise prohibited by subsection (a) if, and to the extent that, the head of the covered agency certifies in writing that-- ``(A) the application of the restriction to the particular matter is inconsistent with the purposes of the restriction; or ``(B) it is in the public interest to grant the waiver. ``(b) Civil Enforcement.-- ``(1) In general.--The Attorney General may bring a civil action in an appropriate district court of the United States against any person who violates, or whom the Attorney General has reason to believe is engaging in conduct that violates, section 602. d) Regulations.--The Administrator for Federal Procurement Policy and the Director of the Office of Management and Budget shall-- (1) in consultation with the Director of the Office of Personnel Management and the Counsel to the President, promulgate regulations to carry out and ensure the enforcement of chapter 21 of title 41, United States Code, as amended by this section; and (2) in consultation with designated agency ethics officials (as that term is defined in section 109(3) of the Ethics in Government Act of 1978 (5 U.S.C. App. )),

To strengthen and enhance certain ethics requirements for the Federal Government, and for other purposes. ``(b) Civil Enforcement.-- ``(1) In general.--The Attorney General may bring a civil action in an appropriate district court of the United States against any person who violates, or whom the Attorney General has reason to believe is engaging in conduct that violates, section 602. ( d) Regulations.--The Administrator for Federal Procurement Policy and the Director of the Office of Management and Budget shall-- (1) in consultation with the Director of the Office of Personnel Management and the Counsel to the President, promulgate regulations to carry out and ensure the enforcement of chapter 21 of title 41, United States Code, as amended by this section; and (2) in consultation with designated agency ethics officials (as that term is defined in section 109(3) of the Ethics in Government Act of 1978 (5 U.S.C. App. )), ( a) In General.--Subsection (c) of section 207 of title 18, United States Code, is amended-- (1) in the subsection heading, by striking ``One-year'' and inserting ``Two-year''; (2) in paragraph (1), by striking ``1 year'' in each instance and inserting ``2 years''; and (3) in paragraph (2)(B), by striking ``1-year'' and inserting ``2-year''. (

Executive Branch Conflict of Interest Act - Amends Federal law to prohibit a pension, retirement, group life, health or accident insurance, profit-sharing, stock bonus, or other employee welfare or benefit plan that makes payment of any portion of compensation contingent on accepting a position in the federal government from being considered bona fide. (Sec. 2) Amends the Ethics in Government Act of 1978 Amends Federal procurement law to: (1) expand the prohibition on accepting compensation from contractors; (2) require procurement officers to disclose job offers made on behalf of relatives; and (3) prohibit employees of the federal government from being personally and substantially involved with any award of a contract to, or the administration of such a contract by, a contractor that is a former employer of the

H.R.3963

Crime and Law Enforcement

Emergency Grants of Release And Compassion Effectively Act of 2021 or the Emergency GRACE Act This bill sets forth provisions to prevent and limit the spread of COVID-19 in federal correctional facilities (e.g., prisons) and state prison systems. Among the provisions, the bill Additionally, the bill provides FY2021 and FY2022 supplemental appropriations to help state prison systems expand testing of inmates and facilitate the compassionate release of high-risk inmates. The supplemental appropriations are designated as emergency spending, which is exempt from discretionary spending limits.

To expand compassionate release authority and elderly home confinement access for offenders with heightened coronavirus risk. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Grants of Release And Compassion Effectively Act of 2021'' or the ``Emergency GRACE Act''. SEC. 2. DEFINITIONS. In this Act: (1) Director.--The term ``Director'' means the Director of the Bureau of Prisons. (2) Public health emergency.--The term ``public health emergency''-- (A) means a public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d); and (B) includes-- (i) a public health emergency declared by the Governor of a State or territory in which a Bureau of Prisons facility is located; and (ii) the public health emergency declared on January 31, 2020, in response to COVID-19. SEC. 3. EXPEDITED COMPASSIONATE RELEASE. (a) Authority.--For purposes of a motion filed under section 3582(c)(1) of title 18, United States Code, during any period for which a public health emergency is in effect, the requirement to exhaust all administrative rights or the 30-day waiting period described in section 3582(c)(1) of title 18, United States Code, shall not apply. (b) Identifying Compassionate Release Cases.--The Director shall-- (1) identify defendants who are at a higher risk of death, as defined by the Centers for Disease Control and Prevention, from the disease or illness for which the public health emergency was declared, including-- (A) defendants over the age of 60; (B) defendants with a terminal illness, as defined in section 3582(d)(1) of title 18, United States Code; and (C) defendants with autoimmune disorders or serious medical conditions, including heart disease, diabetes, HIV, chronic or acute respiratory disease, or cancer; (2) upon a written request by a defendant for the medical records of the defendant, or in the case of the defendant's attorney, a request for the medical records of the defendant that declares under the penalty of perjury that the records are being sought in connection with a motion under subsection (a), promptly release all medical records from the year preceding the request to the parties specified in the request, including the court, the defendant, and any individual acting on the defendant's behalf; (3) ensure that there are adequate numbers of Bureau of Prison employees to carry out paragraph (1); and (4) provide guidance to Bureau of Prison employees consistent with public health and safety recommendations to prevent the spread of the disease or illness for which the public health emergency was declared. (c) Presumption.--In a motion filed under subsection (a) there shall be a presumption of sentence reduction for a defendant at a higher risk of death from the disease or illness for which the public health emergency was declared, including a defendant with autoimmune disorders or serious medical conditions, including heart disease, diabetes, HIV, chronic or acute respiratory disease, or cancer. (d) Legal Representation.--The court may appoint a Federal public defender or community defender, or other counsel qualified to be appointed under section 3006A of title 18, United States Code, to assist a defendant seeking relief under this section. (e) Conforming Amendments to Section 3582 of Title 18, United States Code.--Section 3582(c)(1) of title 18, United States Code, is amended-- (1) in the matter preceding subparagraph (A), by inserting ``, including a case involving an offense committed on or before November 1, 1987'' after ``case''; and (2) in subparagraph (A)-- (A) in the matter preceding clause (i), by striking ``or the lapse of 30 days from the receipt of such a request by the warden of the defendant's facility'' and inserting ``, or upon the lapse of 30 days from date on which the defendant submits a request for a reduction in sentence to the warden of the facility in which the defendant is imprisoned''; and (B) in clause (ii), by striking ``70 years of age'' and inserting ``60 years of age''. SEC. 4. TEMPORARY RELEASE FROM FEDERAL CUSTODY DURING A PUBLIC HEALTH EMERGENCY. (a) Temporary Release From Custody of the United States Marshals.-- During a public health emergency, a court may order that an individual in the custody of United States Marshals Service, or another Federal agency, be transferred to home confinement to the extent that the court determines such release to be necessary for the health and safety of the individual or the detention facility in which the individual would be placed. (b) Temporary Furlough or Transfer.-- (1) In general.--During a public health emergency, a court may order that an individual in the custody of the Federal Bureau of Prisons be furloughed or transferred to home confinement to the extent that the court determines such furlough or transfer to be necessary for the health and safety of the individual or the correctional facility in which the individual is held. (2) Factors to be considered.--In carrying out paragraph (1), the court may consider factors such as-- (A) whether an individual filed a motion for a reduction of sentence under section 3(a); (B) the risk to the health and safety of the facility in which the individual is held, including an outbreak of a highly contagious virus or disease; and (C) the safety of the community in which a person will be released. SEC. 5. ALLOWING FOR MEDICAL ASSISTANCE UNDER MEDICAID FOR INMATES DURING 30-DAY PERIOD PRECEDING RELEASE. The subdivision (A) following paragraph (30) of section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is amended by inserting ``and except during the 30-day period preceding the date of release of such individual from such public institution'' after ``medical institution''. SEC. 6. STOPPING THE SPREAD OF CORONAVIRUS IN FEDERAL PRISONS. (a) Required Action To Stop the Spread of Coronavirus.--The Director shall require that all Bureau of Prisons facilities, including all contract facilities, follow the Centers for Disease Control recommended procedures for limiting the spread of the coronavirus, including robust and ongoing testing, providing adequate soap, medical care, comprehensive sanitation and cleaning of facilities, personal protective equipment, and other safety measures provided free of charge to-- (1) individuals who are incarcerated or detained in a Bureau of Prisons facility, including all contract facilities; and (2) individuals who work or volunteer in a Bureau of Prisons facility, including all contract facilities. (b) Plans and Procedures.--Not later than 7 days after the date of enactment of this Act, the Director shall-- (1) release information about plans and procedures to address the coronavirus within Bureau of Prisons facilities, including all contract facilities; (2) update the number of coronavirus cases that exist in Bureau of Prisons facilities, including all contract facilities, and provide daily updates of the number; (3) begin the process of testing-- (A) all individuals who are incarcerated or detained in a Bureau of Prisons facility or a contract facility; and (B) all individuals who work or volunteer in a Bureau of Prisons facility or contract facility; (4) provide prompt and accurate information about the number of coronavirus fatalities; (5) inform attorneys, families, and friends of inmates in custody when individuals are potentially exposed to or test positive with coronavirus and continue to provide timely, up- to-date information about the health of loved ones; (6) provide information about visitation, communication policies, and lockdowns; and (7) give updates on healthcare services being provided. SEC. 7. EMERGENCY APPROPRIATIONS FOR STATE SENTENCING REDUCTIONS ON THE BASIS OF AGE OR MEDICAL CONDITION. There are hereby appropriated, out of amounts in the Treasury not otherwise appropriated, for additional amounts for the Department of Justice for ``State and Local Law Enforcement Assistance'', $50,000,000 for fiscal years 2021 and 2022, to remain available until expended, to prevent, prepare for, and respond to the coronavirus, domestically or internationally, to be awarded pursuant to the formula allocation (adjusted in proportion to the relative amounts statutorily designated therefor) that was used in fiscal year 2020 for the Edward Byrne Memorial Justice Assistance Grant program as authorized by subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Acts of 1968 (``1968 Act''): Provided, That the amounts awarded to State Administering Agencies shall be awarded to the corrections departments or agency of each State and territory of the United States for the purpose of identifying State inmates who are at a higher risk of death from the disease or illness for which the public health emergency was declared, as defined by the Centers for Disease Control and Prevention, including inmates over the age of 60, inmates with a terminal illness, and inmates with autoimmune disorders or serious medical conditions, including heart disease, diabetes, HIV, chronic or acute respiratory disease, or cancer, and for the purpose of testing inmates for the coronavirus, and assisting such inmates in the preparation, drafting, and submission of requests for compassionate release, medical or elderly parole, or other sentence reductions on the basis of age or medical condition pursuant to relevant State law: Provided further, That the allocation provisions under subsections (a) through (e) of section 505 and the special rules for Puerto Rico under section 505(g) and section 1001(c) of the 1968 Act, shall not apply to the amount provided under this section: Provided further, That awards hereunder, shall not be subject to restrictions or special conditions that are the same as (or substantially similar to) those, imposed on awards under such subpart in fiscal year 2018, that forbid interference with Federal law enforcement: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. <all>

Emergency Grants of Release And Compassion Effectively Act of 2021

To expand compassionate release authority and elderly home confinement access for offenders with heightened coronavirus risk.

Emergency GRACE Act Emergency Grants of Release And Compassion Effectively Act of 2021

Rep. Dean, Madeleine

D

PA

This bill sets forth provisions to prevent and limit the spread of COVID-19 in federal correctional facilities (e.g., prisons) and state prison systems. Among the provisions, the bill Additionally, the bill provides FY2021 and FY2022 supplemental appropriations to help state prison systems expand testing of inmates and facilitate the compassionate release of high-risk inmates. The supplemental appropriations are designated as emergency spending, which is exempt from discretionary spending limits.

SHORT TITLE. 2. In this Act: (1) Director.--The term ``Director'' means the Director of the Bureau of Prisons. 3. EXPEDITED COMPASSIONATE RELEASE. (c) Presumption.--In a motion filed under subsection (a) there shall be a presumption of sentence reduction for a defendant at a higher risk of death from the disease or illness for which the public health emergency was declared, including a defendant with autoimmune disorders or serious medical conditions, including heart disease, diabetes, HIV, chronic or acute respiratory disease, or cancer. (e) Conforming Amendments to Section 3582 of Title 18, United States Code.--Section 3582(c)(1) of title 18, United States Code, is amended-- (1) in the matter preceding subparagraph (A), by inserting ``, including a case involving an offense committed on or before November 1, 1987'' after ``case''; and (2) in subparagraph (A)-- (A) in the matter preceding clause (i), by striking ``or the lapse of 30 days from the receipt of such a request by the warden of the defendant's facility'' and inserting ``, or upon the lapse of 30 days from date on which the defendant submits a request for a reduction in sentence to the warden of the facility in which the defendant is imprisoned''; and (B) in clause (ii), by striking ``70 years of age'' and inserting ``60 years of age''. 4. TEMPORARY RELEASE FROM FEDERAL CUSTODY DURING A PUBLIC HEALTH EMERGENCY. (a) Temporary Release From Custody of the United States Marshals.-- During a public health emergency, a court may order that an individual in the custody of United States Marshals Service, or another Federal agency, be transferred to home confinement to the extent that the court determines such release to be necessary for the health and safety of the individual or the detention facility in which the individual would be placed. 5. ALLOWING FOR MEDICAL ASSISTANCE UNDER MEDICAID FOR INMATES DURING 30-DAY PERIOD PRECEDING RELEASE. 6. STOPPING THE SPREAD OF CORONAVIRUS IN FEDERAL PRISONS. (b) Plans and Procedures.--Not later than 7 days after the date of enactment of this Act, the Director shall-- (1) release information about plans and procedures to address the coronavirus within Bureau of Prisons facilities, including all contract facilities; (2) update the number of coronavirus cases that exist in Bureau of Prisons facilities, including all contract facilities, and provide daily updates of the number; (3) begin the process of testing-- (A) all individuals who are incarcerated or detained in a Bureau of Prisons facility or a contract facility; and (B) all individuals who work or volunteer in a Bureau of Prisons facility or contract facility; (4) provide prompt and accurate information about the number of coronavirus fatalities; (5) inform attorneys, families, and friends of inmates in custody when individuals are potentially exposed to or test positive with coronavirus and continue to provide timely, up- to-date information about the health of loved ones; (6) provide information about visitation, communication policies, and lockdowns; and (7) give updates on healthcare services being provided. SEC. 7.

SHORT TITLE. 2. In this Act: (1) Director.--The term ``Director'' means the Director of the Bureau of Prisons. 3. EXPEDITED COMPASSIONATE RELEASE. (c) Presumption.--In a motion filed under subsection (a) there shall be a presumption of sentence reduction for a defendant at a higher risk of death from the disease or illness for which the public health emergency was declared, including a defendant with autoimmune disorders or serious medical conditions, including heart disease, diabetes, HIV, chronic or acute respiratory disease, or cancer. (e) Conforming Amendments to Section 3582 of Title 18, United States Code.--Section 3582(c)(1) of title 18, United States Code, is amended-- (1) in the matter preceding subparagraph (A), by inserting ``, including a case involving an offense committed on or before November 1, 1987'' after ``case''; and (2) in subparagraph (A)-- (A) in the matter preceding clause (i), by striking ``or the lapse of 30 days from the receipt of such a request by the warden of the defendant's facility'' and inserting ``, or upon the lapse of 30 days from date on which the defendant submits a request for a reduction in sentence to the warden of the facility in which the defendant is imprisoned''; and (B) in clause (ii), by striking ``70 years of age'' and inserting ``60 years of age''. 4. TEMPORARY RELEASE FROM FEDERAL CUSTODY DURING A PUBLIC HEALTH EMERGENCY. (a) Temporary Release From Custody of the United States Marshals.-- During a public health emergency, a court may order that an individual in the custody of United States Marshals Service, or another Federal agency, be transferred to home confinement to the extent that the court determines such release to be necessary for the health and safety of the individual or the detention facility in which the individual would be placed. 5. ALLOWING FOR MEDICAL ASSISTANCE UNDER MEDICAID FOR INMATES DURING 30-DAY PERIOD PRECEDING RELEASE. 6. STOPPING THE SPREAD OF CORONAVIRUS IN FEDERAL PRISONS. SEC. 7.

SHORT TITLE. 2. In this Act: (1) Director.--The term ``Director'' means the Director of the Bureau of Prisons. 3. EXPEDITED COMPASSIONATE RELEASE. (c) Presumption.--In a motion filed under subsection (a) there shall be a presumption of sentence reduction for a defendant at a higher risk of death from the disease or illness for which the public health emergency was declared, including a defendant with autoimmune disorders or serious medical conditions, including heart disease, diabetes, HIV, chronic or acute respiratory disease, or cancer. (e) Conforming Amendments to Section 3582 of Title 18, United States Code.--Section 3582(c)(1) of title 18, United States Code, is amended-- (1) in the matter preceding subparagraph (A), by inserting ``, including a case involving an offense committed on or before November 1, 1987'' after ``case''; and (2) in subparagraph (A)-- (A) in the matter preceding clause (i), by striking ``or the lapse of 30 days from the receipt of such a request by the warden of the defendant's facility'' and inserting ``, or upon the lapse of 30 days from date on which the defendant submits a request for a reduction in sentence to the warden of the facility in which the defendant is imprisoned''; and (B) in clause (ii), by striking ``70 years of age'' and inserting ``60 years of age''. 4. TEMPORARY RELEASE FROM FEDERAL CUSTODY DURING A PUBLIC HEALTH EMERGENCY. (a) Temporary Release From Custody of the United States Marshals.-- During a public health emergency, a court may order that an individual in the custody of United States Marshals Service, or another Federal agency, be transferred to home confinement to the extent that the court determines such release to be necessary for the health and safety of the individual or the detention facility in which the individual would be placed. 5. ALLOWING FOR MEDICAL ASSISTANCE UNDER MEDICAID FOR INMATES DURING 30-DAY PERIOD PRECEDING RELEASE. 6. STOPPING THE SPREAD OF CORONAVIRUS IN FEDERAL PRISONS. (b) Plans and Procedures.--Not later than 7 days after the date of enactment of this Act, the Director shall-- (1) release information about plans and procedures to address the coronavirus within Bureau of Prisons facilities, including all contract facilities; (2) update the number of coronavirus cases that exist in Bureau of Prisons facilities, including all contract facilities, and provide daily updates of the number; (3) begin the process of testing-- (A) all individuals who are incarcerated or detained in a Bureau of Prisons facility or a contract facility; and (B) all individuals who work or volunteer in a Bureau of Prisons facility or contract facility; (4) provide prompt and accurate information about the number of coronavirus fatalities; (5) inform attorneys, families, and friends of inmates in custody when individuals are potentially exposed to or test positive with coronavirus and continue to provide timely, up- to-date information about the health of loved ones; (6) provide information about visitation, communication policies, and lockdowns; and (7) give updates on healthcare services being provided. SEC. 7.

To expand compassionate release authority and elderly home confinement access for offenders with heightened coronavirus risk. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. DEFINITIONS. In this Act: (1) Director.--The term ``Director'' means the Director of the Bureau of Prisons. 3. EXPEDITED COMPASSIONATE RELEASE. (c) Presumption.--In a motion filed under subsection (a) there shall be a presumption of sentence reduction for a defendant at a higher risk of death from the disease or illness for which the public health emergency was declared, including a defendant with autoimmune disorders or serious medical conditions, including heart disease, diabetes, HIV, chronic or acute respiratory disease, or cancer. (d) Legal Representation.--The court may appoint a Federal public defender or community defender, or other counsel qualified to be appointed under section 3006A of title 18, United States Code, to assist a defendant seeking relief under this section. (e) Conforming Amendments to Section 3582 of Title 18, United States Code.--Section 3582(c)(1) of title 18, United States Code, is amended-- (1) in the matter preceding subparagraph (A), by inserting ``, including a case involving an offense committed on or before November 1, 1987'' after ``case''; and (2) in subparagraph (A)-- (A) in the matter preceding clause (i), by striking ``or the lapse of 30 days from the receipt of such a request by the warden of the defendant's facility'' and inserting ``, or upon the lapse of 30 days from date on which the defendant submits a request for a reduction in sentence to the warden of the facility in which the defendant is imprisoned''; and (B) in clause (ii), by striking ``70 years of age'' and inserting ``60 years of age''. 4. TEMPORARY RELEASE FROM FEDERAL CUSTODY DURING A PUBLIC HEALTH EMERGENCY. (a) Temporary Release From Custody of the United States Marshals.-- During a public health emergency, a court may order that an individual in the custody of United States Marshals Service, or another Federal agency, be transferred to home confinement to the extent that the court determines such release to be necessary for the health and safety of the individual or the detention facility in which the individual would be placed. 5. ALLOWING FOR MEDICAL ASSISTANCE UNDER MEDICAID FOR INMATES DURING 30-DAY PERIOD PRECEDING RELEASE. The subdivision (A) following paragraph (30) of section 1905(a) of the Social Security Act (42 U.S.C. 6. STOPPING THE SPREAD OF CORONAVIRUS IN FEDERAL PRISONS. (b) Plans and Procedures.--Not later than 7 days after the date of enactment of this Act, the Director shall-- (1) release information about plans and procedures to address the coronavirus within Bureau of Prisons facilities, including all contract facilities; (2) update the number of coronavirus cases that exist in Bureau of Prisons facilities, including all contract facilities, and provide daily updates of the number; (3) begin the process of testing-- (A) all individuals who are incarcerated or detained in a Bureau of Prisons facility or a contract facility; and (B) all individuals who work or volunteer in a Bureau of Prisons facility or contract facility; (4) provide prompt and accurate information about the number of coronavirus fatalities; (5) inform attorneys, families, and friends of inmates in custody when individuals are potentially exposed to or test positive with coronavirus and continue to provide timely, up- to-date information about the health of loved ones; (6) provide information about visitation, communication policies, and lockdowns; and (7) give updates on healthcare services being provided. SEC. 7. There are hereby appropriated, out of amounts in the Treasury not otherwise appropriated, for additional amounts for the Department of Justice for ``State and Local Law Enforcement Assistance'', $50,000,000 for fiscal years 2021 and 2022, to remain available until expended, to prevent, prepare for, and respond to the coronavirus, domestically or internationally, to be awarded pursuant to the formula allocation (adjusted in proportion to the relative amounts statutorily designated therefor) that was used in fiscal year 2020 for the Edward Byrne Memorial Justice Assistance Grant program as authorized by subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Acts of 1968 (``1968 Act''): Provided, That the amounts awarded to State Administering Agencies shall be awarded to the corrections departments or agency of each State and territory of the United States for the purpose of identifying State inmates who are at a higher risk of death from the disease or illness for which the public health emergency was declared, as defined by the Centers for Disease Control and Prevention, including inmates over the age of 60, inmates with a terminal illness, and inmates with autoimmune disorders or serious medical conditions, including heart disease, diabetes, HIV, chronic or acute respiratory disease, or cancer, and for the purpose of testing inmates for the coronavirus, and assisting such inmates in the preparation, drafting, and submission of requests for compassionate release, medical or elderly parole, or other sentence reductions on the basis of age or medical condition pursuant to relevant State law: Provided further, That the allocation provisions under subsections (a) through (e) of section 505 and the special rules for Puerto Rico under section 505(g) and section 1001(c) of the 1968 Act, shall not apply to the amount provided under this section: Provided further, That awards hereunder, shall not be subject to restrictions or special conditions that are the same as (or substantially similar to) those, imposed on awards under such subpart in fiscal year 2018, that forbid interference with Federal law enforcement: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

To expand compassionate release authority and elderly home confinement access for offenders with heightened coronavirus risk. 2) Public health emergency.--The term ``public health emergency''-- (A) means a public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d); and (B) includes-- (i) a public health emergency declared by the Governor of a State or territory in which a Bureau of Prisons facility is located; and (ii) the public health emergency declared on January 31, 2020, in response to COVID-19. (c) Presumption.--In a motion filed under subsection (a) there shall be a presumption of sentence reduction for a defendant at a higher risk of death from the disease or illness for which the public health emergency was declared, including a defendant with autoimmune disorders or serious medical conditions, including heart disease, diabetes, HIV, chronic or acute respiratory disease, or cancer. ( d) Legal Representation.--The court may appoint a Federal public defender or community defender, or other counsel qualified to be appointed under section 3006A of title 18, United States Code, to assist a defendant seeking relief under this section. ( (a) Temporary Release From Custody of the United States Marshals.-- During a public health emergency, a court may order that an individual in the custody of United States Marshals Service, or another Federal agency, be transferred to home confinement to the extent that the court determines such release to be necessary for the health and safety of the individual or the detention facility in which the individual would be placed. ( b) Temporary Furlough or Transfer.-- (1) In general.--During a public health emergency, a court may order that an individual in the custody of the Federal Bureau of Prisons be furloughed or transferred to home confinement to the extent that the court determines such furlough or transfer to be necessary for the health and safety of the individual or the correctional facility in which the individual is held. ( 1396d(a)) is amended by inserting ``and except during the 30-day period preceding the date of release of such individual from such public institution'' after ``medical institution''. STOPPING THE SPREAD OF CORONAVIRUS IN FEDERAL PRISONS. ( EMERGENCY APPROPRIATIONS FOR STATE SENTENCING REDUCTIONS ON THE BASIS OF AGE OR MEDICAL CONDITION.

To expand compassionate release authority and elderly home confinement access for offenders with heightened coronavirus risk. 2) Public health emergency.--The term ``public health emergency''-- (A) means a public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d); and (B) includes-- (i) a public health emergency declared by the Governor of a State or territory in which a Bureau of Prisons facility is located; and (ii) the public health emergency declared on January 31, 2020, in response to COVID-19. c) Presumption.--In a motion filed under subsection (a) there shall be a presumption of sentence reduction for a defendant at a higher risk of death from the disease or illness for which the public health emergency was declared, including a defendant with autoimmune disorders or serious medical conditions, including heart disease, diabetes, HIV, chronic or acute respiratory disease, or cancer. ( d) Legal Representation.--The court may appoint a Federal public defender or community defender, or other counsel qualified to be appointed under section 3006A of title 18, United States Code, to assist a defendant seeking relief under this section. TEMPORARY RELEASE FROM FEDERAL CUSTODY DURING A PUBLIC HEALTH EMERGENCY. ( b) Temporary Furlough or Transfer.-- (1) In general.--During a public health emergency, a court may order that an individual in the custody of the Federal Bureau of Prisons be furloughed or transferred to home confinement to the extent that the court determines such furlough or transfer to be necessary for the health and safety of the individual or the correctional facility in which the individual is held. ( The subdivision (A) following paragraph (30) of section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is amended by inserting ``and except during the 30-day period preceding the date of release of such individual from such public institution'' after ``medical institution''. STOPPING THE SPREAD OF CORONAVIRUS IN FEDERAL PRISONS. (

To expand compassionate release authority and elderly home confinement access for offenders with heightened coronavirus risk. 2) Public health emergency.--The term ``public health emergency''-- (A) means a public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d); and (B) includes-- (i) a public health emergency declared by the Governor of a State or territory in which a Bureau of Prisons facility is located; and (ii) the public health emergency declared on January 31, 2020, in response to COVID-19. c) Presumption.--In a motion filed under subsection (a) there shall be a presumption of sentence reduction for a defendant at a higher risk of death from the disease or illness for which the public health emergency was declared, including a defendant with autoimmune disorders or serious medical conditions, including heart disease, diabetes, HIV, chronic or acute respiratory disease, or cancer. ( d) Legal Representation.--The court may appoint a Federal public defender or community defender, or other counsel qualified to be appointed under section 3006A of title 18, United States Code, to assist a defendant seeking relief under this section. TEMPORARY RELEASE FROM FEDERAL CUSTODY DURING A PUBLIC HEALTH EMERGENCY. ( b) Temporary Furlough or Transfer.-- (1) In general.--During a public health emergency, a court may order that an individual in the custody of the Federal Bureau of Prisons be furloughed or transferred to home confinement to the extent that the court determines such furlough or transfer to be necessary for the health and safety of the individual or the correctional facility in which the individual is held. ( The subdivision (A) following paragraph (30) of section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is amended by inserting ``and except during the 30-day period preceding the date of release of such individual from such public institution'' after ``medical institution''. STOPPING THE SPREAD OF CORONAVIRUS IN FEDERAL PRISONS. (

To expand compassionate release authority and elderly home confinement access for offenders with heightened coronavirus risk. 2) Public health emergency.--The term ``public health emergency''-- (A) means a public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d); and (B) includes-- (i) a public health emergency declared by the Governor of a State or territory in which a Bureau of Prisons facility is located; and (ii) the public health emergency declared on January 31, 2020, in response to COVID-19. (c) Presumption.--In a motion filed under subsection (a) there shall be a presumption of sentence reduction for a defendant at a higher risk of death from the disease or illness for which the public health emergency was declared, including a defendant with autoimmune disorders or serious medical conditions, including heart disease, diabetes, HIV, chronic or acute respiratory disease, or cancer. ( d) Legal Representation.--The court may appoint a Federal public defender or community defender, or other counsel qualified to be appointed under section 3006A of title 18, United States Code, to assist a defendant seeking relief under this section. ( (a) Temporary Release From Custody of the United States Marshals.-- During a public health emergency, a court may order that an individual in the custody of United States Marshals Service, or another Federal agency, be transferred to home confinement to the extent that the court determines such release to be necessary for the health and safety of the individual or the detention facility in which the individual would be placed. ( b) Temporary Furlough or Transfer.-- (1) In general.--During a public health emergency, a court may order that an individual in the custody of the Federal Bureau of Prisons be furloughed or transferred to home confinement to the extent that the court determines such furlough or transfer to be necessary for the health and safety of the individual or the correctional facility in which the individual is held. ( 1396d(a)) is amended by inserting ``and except during the 30-day period preceding the date of release of such individual from such public institution'' after ``medical institution''. STOPPING THE SPREAD OF CORONAVIRUS IN FEDERAL PRISONS. ( EMERGENCY APPROPRIATIONS FOR STATE SENTENCING REDUCTIONS ON THE BASIS OF AGE OR MEDICAL CONDITION.

To expand compassionate release authority and elderly home confinement access for offenders with heightened coronavirus risk. 2) Public health emergency.--The term ``public health emergency''-- (A) means a public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d); and (B) includes-- (i) a public health emergency declared by the Governor of a State or territory in which a Bureau of Prisons facility is located; and (ii) the public health emergency declared on January 31, 2020, in response to COVID-19. c) Presumption.--In a motion filed under subsection (a) there shall be a presumption of sentence reduction for a defendant at a higher risk of death from the disease or illness for which the public health emergency was declared, including a defendant with autoimmune disorders or serious medical conditions, including heart disease, diabetes, HIV, chronic or acute respiratory disease, or cancer. ( d) Legal Representation.--The court may appoint a Federal public defender or community defender, or other counsel qualified to be appointed under section 3006A of title 18, United States Code, to assist a defendant seeking relief under this section. TEMPORARY RELEASE FROM FEDERAL CUSTODY DURING A PUBLIC HEALTH EMERGENCY. ( b) Temporary Furlough or Transfer.-- (1) In general.--During a public health emergency, a court may order that an individual in the custody of the Federal Bureau of Prisons be furloughed or transferred to home confinement to the extent that the court determines such furlough or transfer to be necessary for the health and safety of the individual or the correctional facility in which the individual is held. ( The subdivision (A) following paragraph (30) of section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is amended by inserting ``and except during the 30-day period preceding the date of release of such individual from such public institution'' after ``medical institution''. STOPPING THE SPREAD OF CORONAVIRUS IN FEDERAL PRISONS. (

To expand compassionate release authority and elderly home confinement access for offenders with heightened coronavirus risk. 2) Public health emergency.--The term ``public health emergency''-- (A) means a public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d); and (B) includes-- (i) a public health emergency declared by the Governor of a State or territory in which a Bureau of Prisons facility is located; and (ii) the public health emergency declared on January 31, 2020, in response to COVID-19. (c) Presumption.--In a motion filed under subsection (a) there shall be a presumption of sentence reduction for a defendant at a higher risk of death from the disease or illness for which the public health emergency was declared, including a defendant with autoimmune disorders or serious medical conditions, including heart disease, diabetes, HIV, chronic or acute respiratory disease, or cancer. ( d) Legal Representation.--The court may appoint a Federal public defender or community defender, or other counsel qualified to be appointed under section 3006A of title 18, United States Code, to assist a defendant seeking relief under this section. ( (a) Temporary Release From Custody of the United States Marshals.-- During a public health emergency, a court may order that an individual in the custody of United States Marshals Service, or another Federal agency, be transferred to home confinement to the extent that the court determines such release to be necessary for the health and safety of the individual or the detention facility in which the individual would be placed. ( b) Temporary Furlough or Transfer.-- (1) In general.--During a public health emergency, a court may order that an individual in the custody of the Federal Bureau of Prisons be furloughed or transferred to home confinement to the extent that the court determines such furlough or transfer to be necessary for the health and safety of the individual or the correctional facility in which the individual is held. ( 1396d(a)) is amended by inserting ``and except during the 30-day period preceding the date of release of such individual from such public institution'' after ``medical institution''. STOPPING THE SPREAD OF CORONAVIRUS IN FEDERAL PRISONS. ( EMERGENCY APPROPRIATIONS FOR STATE SENTENCING REDUCTIONS ON THE BASIS OF AGE OR MEDICAL CONDITION.

To expand compassionate release authority and elderly home confinement access for offenders with heightened coronavirus risk. 2) Public health emergency.--The term ``public health emergency''-- (A) means a public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d); and (B) includes-- (i) a public health emergency declared by the Governor of a State or territory in which a Bureau of Prisons facility is located; and (ii) the public health emergency declared on January 31, 2020, in response to COVID-19. c) Presumption.--In a motion filed under subsection (a) there shall be a presumption of sentence reduction for a defendant at a higher risk of death from the disease or illness for which the public health emergency was declared, including a defendant with autoimmune disorders or serious medical conditions, including heart disease, diabetes, HIV, chronic or acute respiratory disease, or cancer. ( d) Legal Representation.--The court may appoint a Federal public defender or community defender, or other counsel qualified to be appointed under section 3006A of title 18, United States Code, to assist a defendant seeking relief under this section. TEMPORARY RELEASE FROM FEDERAL CUSTODY DURING A PUBLIC HEALTH EMERGENCY. ( b) Temporary Furlough or Transfer.-- (1) In general.--During a public health emergency, a court may order that an individual in the custody of the Federal Bureau of Prisons be furloughed or transferred to home confinement to the extent that the court determines such furlough or transfer to be necessary for the health and safety of the individual or the correctional facility in which the individual is held. ( The subdivision (A) following paragraph (30) of section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is amended by inserting ``and except during the 30-day period preceding the date of release of such individual from such public institution'' after ``medical institution''. STOPPING THE SPREAD OF CORONAVIRUS IN FEDERAL PRISONS. (

To expand compassionate release authority and elderly home confinement access for offenders with heightened coronavirus risk. 2) Public health emergency.--The term ``public health emergency''-- (A) means a public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d); and (B) includes-- (i) a public health emergency declared by the Governor of a State or territory in which a Bureau of Prisons facility is located; and (ii) the public health emergency declared on January 31, 2020, in response to COVID-19. (c) Presumption.--In a motion filed under subsection (a) there shall be a presumption of sentence reduction for a defendant at a higher risk of death from the disease or illness for which the public health emergency was declared, including a defendant with autoimmune disorders or serious medical conditions, including heart disease, diabetes, HIV, chronic or acute respiratory disease, or cancer. ( d) Legal Representation.--The court may appoint a Federal public defender or community defender, or other counsel qualified to be appointed under section 3006A of title 18, United States Code, to assist a defendant seeking relief under this section. ( (a) Temporary Release From Custody of the United States Marshals.-- During a public health emergency, a court may order that an individual in the custody of United States Marshals Service, or another Federal agency, be transferred to home confinement to the extent that the court determines such release to be necessary for the health and safety of the individual or the detention facility in which the individual would be placed. ( b) Temporary Furlough or Transfer.-- (1) In general.--During a public health emergency, a court may order that an individual in the custody of the Federal Bureau of Prisons be furloughed or transferred to home confinement to the extent that the court determines such furlough or transfer to be necessary for the health and safety of the individual or the correctional facility in which the individual is held. ( 1396d(a)) is amended by inserting ``and except during the 30-day period preceding the date of release of such individual from such public institution'' after ``medical institution''. STOPPING THE SPREAD OF CORONAVIRUS IN FEDERAL PRISONS. ( EMERGENCY APPROPRIATIONS FOR STATE SENTENCING REDUCTIONS ON THE BASIS OF AGE OR MEDICAL CONDITION.

To expand compassionate release authority and elderly home confinement access for offenders with heightened coronavirus risk. 2) Public health emergency.--The term ``public health emergency''-- (A) means a public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d); and (B) includes-- (i) a public health emergency declared by the Governor of a State or territory in which a Bureau of Prisons facility is located; and (ii) the public health emergency declared on January 31, 2020, in response to COVID-19. c) Presumption.--In a motion filed under subsection (a) there shall be a presumption of sentence reduction for a defendant at a higher risk of death from the disease or illness for which the public health emergency was declared, including a defendant with autoimmune disorders or serious medical conditions, including heart disease, diabetes, HIV, chronic or acute respiratory disease, or cancer. ( d) Legal Representation.--The court may appoint a Federal public defender or community defender, or other counsel qualified to be appointed under section 3006A of title 18, United States Code, to assist a defendant seeking relief under this section. TEMPORARY RELEASE FROM FEDERAL CUSTODY DURING A PUBLIC HEALTH EMERGENCY. ( b) Temporary Furlough or Transfer.-- (1) In general.--During a public health emergency, a court may order that an individual in the custody of the Federal Bureau of Prisons be furloughed or transferred to home confinement to the extent that the court determines such furlough or transfer to be necessary for the health and safety of the individual or the correctional facility in which the individual is held. ( The subdivision (A) following paragraph (30) of section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is amended by inserting ``and except during the 30-day period preceding the date of release of such individual from such public institution'' after ``medical institution''. STOPPING THE SPREAD OF CORONAVIRUS IN FEDERAL PRISONS. (

To expand compassionate release authority and elderly home confinement access for offenders with heightened coronavirus risk. 2) Public health emergency.--The term ``public health emergency''-- (A) means a public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d); and (B) includes-- (i) a public health emergency declared by the Governor of a State or territory in which a Bureau of Prisons facility is located; and (ii) the public health emergency declared on January 31, 2020, in response to COVID-19. ( ( (a) Temporary Release From Custody of the United States Marshals.-- During a public health emergency, a court may order that an individual in the custody of United States Marshals Service, or another Federal agency, be transferred to home confinement to the extent that the court determines such release to be necessary for the health and safety of the individual or the detention facility in which the individual would be placed. ( b) Temporary Furlough or Transfer.-- (1) In general.--During a public health emergency, a court may order that an individual in the custody of the Federal Bureau of Prisons be furloughed or transferred to home confinement to the extent that the court determines such furlough or transfer to be necessary for the health and safety of the individual or the correctional facility in which the individual is held. (

Emergency Grants of Release And Compassion Effectively Act of 2021 or the Emergency GRACE Act This bill amends the federal criminal code to provide for the expedited release of individuals who are at a higher risk of death from a public health emergency. The bill also expands the compassionate release authority of the Department of Justice (DOJ) to include individuals over the age of 60, with terminal This bill directs the Department of Justice (DOJ) to: (1) require all Bureau of Prisons facilities, including all contract facilities, to follow the Centers for Disease Control recommended procedures for limiting the spread of the coronavirus, including robust and ongoing testing, providing adequate soap, medical care, comprehensive sanitation and cleaning of facilities, personal protective equipment, and other safety measures free

H.R.5830

International Affairs

America Mitigating and Achieving Zero-emissions Originating from Nature for the 21st Century Act or the AMAZON21 Act This bill establishes programs to support efforts in developing countries to address climate change. The Department of State must establish the International Terrestrial Carbon Sequestration Program to make results-based payments to eligible projects in developing countries that reduce emissions and enhance carbon sequestration from forests and other ecosystems. Eligible projects include those where the primary purpose is to (1) reduce deforestation and restore forests to support enhanced carbon sequestration; or (2) preserve other territorial ecosystems, such as wetlands, within the host country. The bill also imposes other requirements on project eligibility, including requirements relating to transparency pertaining to the use of the received payments and the host country's standards of governance and respect for the rule of law. The bill also requires the U.S. Agency for International Development to conduct a program to provide resources and technical assistance to developing countries to (1) conserve, manage, and restore carbon sinks, such as forests; and (2) support nature-based carbon sequestration. A project eligible for such assistance must be located in a country that meets certain criteria, such as a country that permits the sale of carbon credits to voluntary and carbon compliance markets.

To establish an international terrestrial carbon sequestration program and provide international technical assistance for carbon market 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 ``America Mitigating and Achieving Zero-emissions Originating from Nature for the 21st Century Act'' or the ``AMAZON21 Act''. SEC. 2. INTERNATIONAL TERRESTRIAL CARBON SEQUESTRATION PROGRAM. (a) In General.--The Secretary of State shall establish a program, to be known as the ``International Terrestrial Carbon Sequestration Program'', to provide results-based payments for eligible projects in developing countries that reduce emissions and enhance carbon sequestration from forests and other terrestrial and coastal ecosystems. (b) Goals.--In carrying out the program established pursuant to subsection (a), the Secretary shall work with developing countries and appropriate local partners in developing countries to identify, develop, and implement projects that-- (1) will help the developing country meet the emission reductions goals corresponding to that country's nationally determined contribution to the Paris Agreement; and (2) have the potential to avoid dangerous global climate change by limiting global warming to well below 2 degrees Celsius and pursuing efforts to limit it to 1.5 degrees Celsius (compared to pre-industrial levels). (c) Eligible Projects.-- (1) In general.--A project shall be eligible for results- based payments under the program established pursuant to subsection (a) if-- (A) the project is identified by the Secretary as a project whose primary purpose is to-- (i) reduce deforestation and forest degradation and restore forests to support enhanced carbon sequestration within the host country, at the national or subnational level; or (ii) preserve, including through integrated land-use programs, other terrestrial ecosystems within the host developing country, such as wetlands, mangroves, or grasslands; (B) in the determination of the Secretary, the host developing country or local partner will be able to fulfill its obligations under any agreement with respect to the funding of such project through the program established pursuant to subsection (a), including (as applicable) with respect to-- (i) host country standards of governance and respect for rule of law; (ii) environmental and social safeguards; and (iii) potential for corruption or misuse of payments made by the Secretary; (C) the project is appropriately designed to use results-based payments; and (D) the host developing country or local partner, as applicable, agrees to-- (i) transparency requirements with respect to the use of amounts received under the program established pursuant to subsection (a); (ii) measuring, reporting, and verification requirements, including third-party verification, necessary to provide results- based payments; (iii) share any emissions reductions achieved under this program, linking such reductions to reporting requirements under the Paris Climate Agreement; and (iv) ensure that women, Indigenous Communities, and other local stakeholders are empowered and enabled to meaningfully participate in these processes. (2) Additional forms of eligibility.--A project may also be determined to be eligible under this subsection if-- (A) the project includes a combination or aggregation of existing terrestrial carbon mitigation projects in the host country; or (B) the project is recognized under a national or sub-national terrestrial carbon mitigation program in the host country, without regard to whether the project is below the sub-national level or scale. (d) Grants.-- (1) In general.--Upon determining that a project is an eligible project, the Secretary is authorized to enter into multi-year agreements to provide results-based payments to a host developing country or appropriate local partners in the host developing country, including in the form of grants from the International Forestry Carbon Mitigation Fund established in subsection (f), to carry out such eligible project. Such agreements may also include terms that leverage funding from non-profits, businesses, other developed countries, and multilateral financing and development agencies. (2) Reciprocal commitment.--The Secretary shall take such steps as may be necessary to ensure that the host developing country or appropriate local partners in the host developing country, as applicable, reciprocates the commitments to achieving the goals of the section. (3) Termination.--An agreement under this subsection may be unilaterally terminated by the Secretary if the Secretary determines that the host developing country or a local partner is failing or has failed to uphold the terms and conditions established for the project. (4) Double counting of payments.--The Secretary shall take such steps as may be necessary to prevent the double counting of, or double payment for, emissions reduction or carbon sequestration results. (e) Transparency.--The Secretary shall make publicly available a list of each grant made available to developing countries and local partners under the program established by subsection (a) and shall update on an annual basis the progress or any lack of progress in the implementation of the corresponding eligible projects and the achievement of their goals. (f) Agency Coordination.--In carrying out the program under this section, the Secretary shall consult as appropriate with the heads of other relevant Federal departments and agencies, including-- (1) with respect to terrestrial carbon sequestration, the Secretary of Agriculture, the Secretary of the Interior, the Administrator of the National Oceanic and Atmospheric Administration, the Chief Forester of the Forest Service, and the Administrator of the Environmental Protection Agency; and (2) with respect to project monitoring, reporting and verification, the Administrator of the National Oceanic and Atmospheric Administration, the Administrator of the National Aeronautics and Space Administration, the Administrator of the United States Agency for International Development, the Administrator of the Environmental Protection Agency, the Secretary of Agriculture, and the Chief Forester of the Forest Service. (g) Trust Fund.--There is established in the Treasury the ``International Terrestrial Carbon Sequestration Fund'', which shall consist of-- (1) amounts appropriated pursuant to the authorization in subsection (h)(1) to carry out this section; and (2) such gifts, bequests, or devises of property for the benefit of, or in connection with carrying out this section as the Secretary may accept in the form of donations by individuals or entities, including private entities, non-profit entities, and multinational entities. (h) Authorization of Appropriations.-- (1) Authorization.--There is authorized to be appropriated $9,000,000,000 to carry out this section. (2) Availability.--Amounts appropriated to carry out this section are authorized to remain available until expended and shall be used solely for the purposes of this section. (3) Salaries and expenses.--Of the amounts made available for any fiscal year pursuant to the authorization under paragraph (1), not more than $10,000,000 is authorized to be made available for the salaries and expenses of employees of the Department of State to carry out this section. (i) Results-Based Payments Defined.--The term ``results-based payments'' means a mechanism for the provision of United States assistance in which-- (1) a developing country, or appropriate local partners in a developing country, assumes responsibility for achieving measurable results in the reduction of emissions through a project; (2) such measurable results are defined in advance of the obligation of assistance by the United States for the project; and (3) such assistance is expended in the form of payments to such developing countries or partners only upon independent verification of such pre-defined results. SEC. 3. INTERNATIONAL TECHNICAL ASSISTANCE FOR CARBON MARKET DEVELOPMENT AND PARTICIPATION. (a) In General.--The Administrator of the United States Agency for International Development, in consultation with the Secretary of State, shall conduct a program to provide resources and technical assistance to developing countries to conserve, manage, and restore forests and other terrestrial and coastal carbon sinks, to support nature-based carbon sequestration as a means to addressing global climate change, including by providing such resources and assistance with respect to projects for the goals described in section 2(b). Projects under such program shall be directed in countries meeting each of the following criteria: (1) The country contains globally important forests or other terrestrial or coastal terrestrial carbon sinks that are threatened with destruction or fragmentation or where the degradation of wetlands, peatlands, or agricultural land impairs development and significantly drives greenhouse gas emissions. (2) Legitimate land owners or use rights' holders in the country are permitted to sell carbon credits to voluntary and carbon compliance markets. (3) The country has developed, or is in the process of developing, comprehensive policies to monitor, report, and verify the environmental, social, and financial integrity of any such projects, including, if applicable, policies to ensure that the host country avoids double-counting the resulting reductions greenhouse gas emissions. (4) The country presently contains large reserves of terrestrial carbon that cannot be recuperated once lost. (b) Technical Support Prioritization.--In conducting the program described in subsection (a), the Administrator shall prioritize technical support for and investment in the following activities: (1) Reducing greenhouse gas emissions from deforestation, fragmentation, and forest degradation. (2) Enhancing sequestration through carbon sinks by restoring natural forests and other terrestrial and coastal carbon sinks as well as building resilience. (3) Monitoring, reporting, and verification of the environmental, social, and financial integrity of the project as an important component of the work. (4) Assisting governments, willing, legitimate land owners, and willing use rights' holders in developing projects to engage in emissions trading through-- (A) carbon credits sold in existing carbon compliance markets or to voluntary buyers; or (B) projects providing results-based payments. (5) Developing the administrative and legal capacity and technical infrastructure necessary to implement carbon-pricing initiatives in recipient countries that drive investment in nature-based solutions to climate change. (6) Developing domestic infrastructure for creating and tracking carbon credits, such as registries, and preparing countries to implement nature-based solution initiatives. (7) Ensuring that women, Indigenous Communities, and other local stakeholders are empowered and enabled to meaningful participation in all such activities. (c) Authorization.--There is authorized to be appropriated such sums as may be necessary to carry out this section. <all>

AMAZON21 Act

To establish an international terrestrial carbon sequestration program and provide international technical assistance for carbon market development, and for other purposes.

AMAZON21 Act America Mitigating and Achieving Zero-emissions Originating from Nature for the 21st Century Act

Rep. Hoyer, Steny H.

D

MD

This bill establishes programs to support efforts in developing countries to address climate change. The Department of State must establish the International Terrestrial Carbon Sequestration Program to make results-based payments to eligible projects in developing countries that reduce emissions and enhance carbon sequestration from forests and other ecosystems. Eligible projects include those where the primary purpose is to (1) reduce deforestation and restore forests to support enhanced carbon sequestration; or (2) preserve other territorial ecosystems, such as wetlands, within the host country. The bill also imposes other requirements on project eligibility, including requirements relating to transparency pertaining to the use of the received payments and the host country's standards of governance and respect for the rule of law. The bill also requires the U.S. Agency for International Development to conduct a program to provide resources and technical assistance to developing countries to (1) conserve, manage, and restore carbon sinks, such as forests; and (2) support nature-based carbon sequestration. A project eligible for such assistance must be located in a country that meets certain criteria, such as a country that permits the sale of carbon credits to voluntary and carbon compliance markets.

This Act may be cited as the ``America Mitigating and Achieving Zero-emissions Originating from Nature for the 21st Century Act'' or the ``AMAZON21 Act''. 2. INTERNATIONAL TERRESTRIAL CARBON SEQUESTRATION PROGRAM. (d) Grants.-- (1) In general.--Upon determining that a project is an eligible project, the Secretary is authorized to enter into multi-year agreements to provide results-based payments to a host developing country or appropriate local partners in the host developing country, including in the form of grants from the International Forestry Carbon Mitigation Fund established in subsection (f), to carry out such eligible project. Such agreements may also include terms that leverage funding from non-profits, businesses, other developed countries, and multilateral financing and development agencies. (4) Double counting of payments.--The Secretary shall take such steps as may be necessary to prevent the double counting of, or double payment for, emissions reduction or carbon sequestration results. (f) Agency Coordination.--In carrying out the program under this section, the Secretary shall consult as appropriate with the heads of other relevant Federal departments and agencies, including-- (1) with respect to terrestrial carbon sequestration, the Secretary of Agriculture, the Secretary of the Interior, the Administrator of the National Oceanic and Atmospheric Administration, the Chief Forester of the Forest Service, and the Administrator of the Environmental Protection Agency; and (2) with respect to project monitoring, reporting and verification, the Administrator of the National Oceanic and Atmospheric Administration, the Administrator of the National Aeronautics and Space Administration, the Administrator of the United States Agency for International Development, the Administrator of the Environmental Protection Agency, the Secretary of Agriculture, and the Chief Forester of the Forest Service. (3) Salaries and expenses.--Of the amounts made available for any fiscal year pursuant to the authorization under paragraph (1), not more than $10,000,000 is authorized to be made available for the salaries and expenses of employees of the Department of State to carry out this section. SEC. 3. INTERNATIONAL TECHNICAL ASSISTANCE FOR CARBON MARKET DEVELOPMENT AND PARTICIPATION. (2) Legitimate land owners or use rights' holders in the country are permitted to sell carbon credits to voluntary and carbon compliance markets. (b) Technical Support Prioritization.--In conducting the program described in subsection (a), the Administrator shall prioritize technical support for and investment in the following activities: (1) Reducing greenhouse gas emissions from deforestation, fragmentation, and forest degradation. (2) Enhancing sequestration through carbon sinks by restoring natural forests and other terrestrial and coastal carbon sinks as well as building resilience. (5) Developing the administrative and legal capacity and technical infrastructure necessary to implement carbon-pricing initiatives in recipient countries that drive investment in nature-based solutions to climate change. (7) Ensuring that women, Indigenous Communities, and other local stakeholders are empowered and enabled to meaningful participation in all such activities. (c) Authorization.--There is authorized to be appropriated such sums as may be necessary to carry out this section.

This Act may be cited as the ``America Mitigating and Achieving Zero-emissions Originating from Nature for the 21st Century Act'' or the ``AMAZON21 Act''. 2. INTERNATIONAL TERRESTRIAL CARBON SEQUESTRATION PROGRAM. (d) Grants.-- (1) In general.--Upon determining that a project is an eligible project, the Secretary is authorized to enter into multi-year agreements to provide results-based payments to a host developing country or appropriate local partners in the host developing country, including in the form of grants from the International Forestry Carbon Mitigation Fund established in subsection (f), to carry out such eligible project. (4) Double counting of payments.--The Secretary shall take such steps as may be necessary to prevent the double counting of, or double payment for, emissions reduction or carbon sequestration results. (f) Agency Coordination.--In carrying out the program under this section, the Secretary shall consult as appropriate with the heads of other relevant Federal departments and agencies, including-- (1) with respect to terrestrial carbon sequestration, the Secretary of Agriculture, the Secretary of the Interior, the Administrator of the National Oceanic and Atmospheric Administration, the Chief Forester of the Forest Service, and the Administrator of the Environmental Protection Agency; and (2) with respect to project monitoring, reporting and verification, the Administrator of the National Oceanic and Atmospheric Administration, the Administrator of the National Aeronautics and Space Administration, the Administrator of the United States Agency for International Development, the Administrator of the Environmental Protection Agency, the Secretary of Agriculture, and the Chief Forester of the Forest Service. (3) Salaries and expenses.--Of the amounts made available for any fiscal year pursuant to the authorization under paragraph (1), not more than $10,000,000 is authorized to be made available for the salaries and expenses of employees of the Department of State to carry out this section. SEC. 3. INTERNATIONAL TECHNICAL ASSISTANCE FOR CARBON MARKET DEVELOPMENT AND PARTICIPATION. (2) Legitimate land owners or use rights' holders in the country are permitted to sell carbon credits to voluntary and carbon compliance markets. (c) Authorization.--There is authorized to be appropriated such sums as may be necessary to carry out this section.

SHORT TITLE. This Act may be cited as the ``America Mitigating and Achieving Zero-emissions Originating from Nature for the 21st Century Act'' or the ``AMAZON21 Act''. 2. INTERNATIONAL TERRESTRIAL CARBON SEQUESTRATION PROGRAM. (b) Goals.--In carrying out the program established pursuant to subsection (a), the Secretary shall work with developing countries and appropriate local partners in developing countries to identify, develop, and implement projects that-- (1) will help the developing country meet the emission reductions goals corresponding to that country's nationally determined contribution to the Paris Agreement; and (2) have the potential to avoid dangerous global climate change by limiting global warming to well below 2 degrees Celsius and pursuing efforts to limit it to 1.5 degrees Celsius (compared to pre-industrial levels). (d) Grants.-- (1) In general.--Upon determining that a project is an eligible project, the Secretary is authorized to enter into multi-year agreements to provide results-based payments to a host developing country or appropriate local partners in the host developing country, including in the form of grants from the International Forestry Carbon Mitigation Fund established in subsection (f), to carry out such eligible project. Such agreements may also include terms that leverage funding from non-profits, businesses, other developed countries, and multilateral financing and development agencies. (4) Double counting of payments.--The Secretary shall take such steps as may be necessary to prevent the double counting of, or double payment for, emissions reduction or carbon sequestration results. (f) Agency Coordination.--In carrying out the program under this section, the Secretary shall consult as appropriate with the heads of other relevant Federal departments and agencies, including-- (1) with respect to terrestrial carbon sequestration, the Secretary of Agriculture, the Secretary of the Interior, the Administrator of the National Oceanic and Atmospheric Administration, the Chief Forester of the Forest Service, and the Administrator of the Environmental Protection Agency; and (2) with respect to project monitoring, reporting and verification, the Administrator of the National Oceanic and Atmospheric Administration, the Administrator of the National Aeronautics and Space Administration, the Administrator of the United States Agency for International Development, the Administrator of the Environmental Protection Agency, the Secretary of Agriculture, and the Chief Forester of the Forest Service. (g) Trust Fund.--There is established in the Treasury the ``International Terrestrial Carbon Sequestration Fund'', which shall consist of-- (1) amounts appropriated pursuant to the authorization in subsection (h)(1) to carry out this section; and (2) such gifts, bequests, or devises of property for the benefit of, or in connection with carrying out this section as the Secretary may accept in the form of donations by individuals or entities, including private entities, non-profit entities, and multinational entities. (3) Salaries and expenses.--Of the amounts made available for any fiscal year pursuant to the authorization under paragraph (1), not more than $10,000,000 is authorized to be made available for the salaries and expenses of employees of the Department of State to carry out this section. SEC. 3. INTERNATIONAL TECHNICAL ASSISTANCE FOR CARBON MARKET DEVELOPMENT AND PARTICIPATION. (2) Legitimate land owners or use rights' holders in the country are permitted to sell carbon credits to voluntary and carbon compliance markets. (3) The country has developed, or is in the process of developing, comprehensive policies to monitor, report, and verify the environmental, social, and financial integrity of any such projects, including, if applicable, policies to ensure that the host country avoids double-counting the resulting reductions greenhouse gas emissions. (4) The country presently contains large reserves of terrestrial carbon that cannot be recuperated once lost. (b) Technical Support Prioritization.--In conducting the program described in subsection (a), the Administrator shall prioritize technical support for and investment in the following activities: (1) Reducing greenhouse gas emissions from deforestation, fragmentation, and forest degradation. (2) Enhancing sequestration through carbon sinks by restoring natural forests and other terrestrial and coastal carbon sinks as well as building resilience. (3) Monitoring, reporting, and verification of the environmental, social, and financial integrity of the project as an important component of the work. (5) Developing the administrative and legal capacity and technical infrastructure necessary to implement carbon-pricing initiatives in recipient countries that drive investment in nature-based solutions to climate change. (7) Ensuring that women, Indigenous Communities, and other local stakeholders are empowered and enabled to meaningful participation in all such activities. (c) Authorization.--There is authorized to be appropriated such sums as may be necessary to carry out this section.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``America Mitigating and Achieving Zero-emissions Originating from Nature for the 21st Century Act'' or the ``AMAZON21 Act''. 2. INTERNATIONAL TERRESTRIAL CARBON SEQUESTRATION PROGRAM. (b) Goals.--In carrying out the program established pursuant to subsection (a), the Secretary shall work with developing countries and appropriate local partners in developing countries to identify, develop, and implement projects that-- (1) will help the developing country meet the emission reductions goals corresponding to that country's nationally determined contribution to the Paris Agreement; and (2) have the potential to avoid dangerous global climate change by limiting global warming to well below 2 degrees Celsius and pursuing efforts to limit it to 1.5 degrees Celsius (compared to pre-industrial levels). (d) Grants.-- (1) In general.--Upon determining that a project is an eligible project, the Secretary is authorized to enter into multi-year agreements to provide results-based payments to a host developing country or appropriate local partners in the host developing country, including in the form of grants from the International Forestry Carbon Mitigation Fund established in subsection (f), to carry out such eligible project. Such agreements may also include terms that leverage funding from non-profits, businesses, other developed countries, and multilateral financing and development agencies. (4) Double counting of payments.--The Secretary shall take such steps as may be necessary to prevent the double counting of, or double payment for, emissions reduction or carbon sequestration results. (e) Transparency.--The Secretary shall make publicly available a list of each grant made available to developing countries and local partners under the program established by subsection (a) and shall update on an annual basis the progress or any lack of progress in the implementation of the corresponding eligible projects and the achievement of their goals. (f) Agency Coordination.--In carrying out the program under this section, the Secretary shall consult as appropriate with the heads of other relevant Federal departments and agencies, including-- (1) with respect to terrestrial carbon sequestration, the Secretary of Agriculture, the Secretary of the Interior, the Administrator of the National Oceanic and Atmospheric Administration, the Chief Forester of the Forest Service, and the Administrator of the Environmental Protection Agency; and (2) with respect to project monitoring, reporting and verification, the Administrator of the National Oceanic and Atmospheric Administration, the Administrator of the National Aeronautics and Space Administration, the Administrator of the United States Agency for International Development, the Administrator of the Environmental Protection Agency, the Secretary of Agriculture, and the Chief Forester of the Forest Service. (g) Trust Fund.--There is established in the Treasury the ``International Terrestrial Carbon Sequestration Fund'', which shall consist of-- (1) amounts appropriated pursuant to the authorization in subsection (h)(1) to carry out this section; and (2) such gifts, bequests, or devises of property for the benefit of, or in connection with carrying out this section as the Secretary may accept in the form of donations by individuals or entities, including private entities, non-profit entities, and multinational entities. (2) Availability.--Amounts appropriated to carry out this section are authorized to remain available until expended and shall be used solely for the purposes of this section. (3) Salaries and expenses.--Of the amounts made available for any fiscal year pursuant to the authorization under paragraph (1), not more than $10,000,000 is authorized to be made available for the salaries and expenses of employees of the Department of State to carry out this section. SEC. 3. INTERNATIONAL TECHNICAL ASSISTANCE FOR CARBON MARKET DEVELOPMENT AND PARTICIPATION. (2) Legitimate land owners or use rights' holders in the country are permitted to sell carbon credits to voluntary and carbon compliance markets. (3) The country has developed, or is in the process of developing, comprehensive policies to monitor, report, and verify the environmental, social, and financial integrity of any such projects, including, if applicable, policies to ensure that the host country avoids double-counting the resulting reductions greenhouse gas emissions. (4) The country presently contains large reserves of terrestrial carbon that cannot be recuperated once lost. (b) Technical Support Prioritization.--In conducting the program described in subsection (a), the Administrator shall prioritize technical support for and investment in the following activities: (1) Reducing greenhouse gas emissions from deforestation, fragmentation, and forest degradation. (2) Enhancing sequestration through carbon sinks by restoring natural forests and other terrestrial and coastal carbon sinks as well as building resilience. (3) Monitoring, reporting, and verification of the environmental, social, and financial integrity of the project as an important component of the work. (4) Assisting governments, willing, legitimate land owners, and willing use rights' holders in developing projects to engage in emissions trading through-- (A) carbon credits sold in existing carbon compliance markets or to voluntary buyers; or (B) projects providing results-based payments. (5) Developing the administrative and legal capacity and technical infrastructure necessary to implement carbon-pricing initiatives in recipient countries that drive investment in nature-based solutions to climate change. (7) Ensuring that women, Indigenous Communities, and other local stakeholders are empowered and enabled to meaningful participation in all such activities. (c) Authorization.--There is authorized to be appropriated such sums as may be necessary to carry out this section.

To establish an international terrestrial carbon sequestration program and provide international technical assistance for carbon market development, and for other purposes. a) In General.--The Secretary of State shall establish a program, to be known as the ``International Terrestrial Carbon Sequestration Program'', to provide results-based payments for eligible projects in developing countries that reduce emissions and enhance carbon sequestration from forests and other terrestrial and coastal ecosystems. ( (2) Additional forms of eligibility.--A project may also be determined to be eligible under this subsection if-- (A) the project includes a combination or aggregation of existing terrestrial carbon mitigation projects in the host country; or (B) the project is recognized under a national or sub-national terrestrial carbon mitigation program in the host country, without regard to whether the project is below the sub-national level or scale. ( d) Grants.-- (1) In general.--Upon determining that a project is an eligible project, the Secretary is authorized to enter into multi-year agreements to provide results-based payments to a host developing country or appropriate local partners in the host developing country, including in the form of grants from the International Forestry Carbon Mitigation Fund established in subsection (f), to carry out such eligible project. (4) Double counting of payments.--The Secretary shall take such steps as may be necessary to prevent the double counting of, or double payment for, emissions reduction or carbon sequestration results. ( e) Transparency.--The Secretary shall make publicly available a list of each grant made available to developing countries and local partners under the program established by subsection (a) and shall update on an annual basis the progress or any lack of progress in the implementation of the corresponding eligible projects and the achievement of their goals. ( (g) Trust Fund.--There is established in the Treasury the ``International Terrestrial Carbon Sequestration Fund'', which shall consist of-- (1) amounts appropriated pursuant to the authorization in subsection (h)(1) to carry out this section; and (2) such gifts, bequests, or devises of property for the benefit of, or in connection with carrying out this section as the Secretary may accept in the form of donations by individuals or entities, including private entities, non-profit entities, and multinational entities. ( 2) Availability.--Amounts appropriated to carry out this section are authorized to remain available until expended and shall be used solely for the purposes of this section. ( INTERNATIONAL TECHNICAL ASSISTANCE FOR CARBON MARKET DEVELOPMENT AND PARTICIPATION. ( a) In General.--The Administrator of the United States Agency for International Development, in consultation with the Secretary of State, shall conduct a program to provide resources and technical assistance to developing countries to conserve, manage, and restore forests and other terrestrial and coastal carbon sinks, to support nature-based carbon sequestration as a means to addressing global climate change, including by providing such resources and assistance with respect to projects for the goals described in section 2(b). (2) Legitimate land owners or use rights' holders in the country are permitted to sell carbon credits to voluntary and carbon compliance markets. ( 3) The country has developed, or is in the process of developing, comprehensive policies to monitor, report, and verify the environmental, social, and financial integrity of any such projects, including, if applicable, policies to ensure that the host country avoids double-counting the resulting reductions greenhouse gas emissions. ( (6) Developing domestic infrastructure for creating and tracking carbon credits, such as registries, and preparing countries to implement nature-based solution initiatives. ( 7) Ensuring that women, Indigenous Communities, and other local stakeholders are empowered and enabled to meaningful participation in all such activities. (

To establish an international terrestrial carbon sequestration program and provide international technical assistance for carbon market development, and for other purposes. a) In General.--The Secretary of State shall establish a program, to be known as the ``International Terrestrial Carbon Sequestration Program'', to provide results-based payments for eligible projects in developing countries that reduce emissions and enhance carbon sequestration from forests and other terrestrial and coastal ecosystems. ( 2) Additional forms of eligibility.--A project may also be determined to be eligible under this subsection if-- (A) the project includes a combination or aggregation of existing terrestrial carbon mitigation projects in the host country; or (B) the project is recognized under a national or sub-national terrestrial carbon mitigation program in the host country, without regard to whether the project is below the sub-national level or scale. (d) Grants.-- (1) In general.--Upon determining that a project is an eligible project, the Secretary is authorized to enter into multi-year agreements to provide results-based payments to a host developing country or appropriate local partners in the host developing country, including in the form of grants from the International Forestry Carbon Mitigation Fund established in subsection (f), to carry out such eligible project. 3) Termination.--An agreement under this subsection may be unilaterally terminated by the Secretary if the Secretary determines that the host developing country or a local partner is failing or has failed to uphold the terms and conditions established for the project. ( g) Trust Fund.--There is established in the Treasury the ``International Terrestrial Carbon Sequestration Fund'', which shall consist of-- (1) amounts appropriated pursuant to the authorization in subsection (h)(1) to carry out this section; and (2) such gifts, bequests, or devises of property for the benefit of, or in connection with carrying out this section as the Secretary may accept in the form of donations by individuals or entities, including private entities, non-profit entities, and multinational entities. ( 2) Availability.--Amounts appropriated to carry out this section are authorized to remain available until expended and shall be used solely for the purposes of this section. ( INTERNATIONAL TECHNICAL ASSISTANCE FOR CARBON MARKET DEVELOPMENT AND PARTICIPATION. ( 3) The country has developed, or is in the process of developing, comprehensive policies to monitor, report, and verify the environmental, social, and financial integrity of any such projects, including, if applicable, policies to ensure that the host country avoids double-counting the resulting reductions greenhouse gas emissions. ( (2) Enhancing sequestration through carbon sinks by restoring natural forests and other terrestrial and coastal carbon sinks as well as building resilience. ( 5) Developing the administrative and legal capacity and technical infrastructure necessary to implement carbon-pricing initiatives in recipient countries that drive investment in nature-based solutions to climate change. (

To establish an international terrestrial carbon sequestration program and provide international technical assistance for carbon market development, and for other purposes. a) In General.--The Secretary of State shall establish a program, to be known as the ``International Terrestrial Carbon Sequestration Program'', to provide results-based payments for eligible projects in developing countries that reduce emissions and enhance carbon sequestration from forests and other terrestrial and coastal ecosystems. ( 2) Additional forms of eligibility.--A project may also be determined to be eligible under this subsection if-- (A) the project includes a combination or aggregation of existing terrestrial carbon mitigation projects in the host country; or (B) the project is recognized under a national or sub-national terrestrial carbon mitigation program in the host country, without regard to whether the project is below the sub-national level or scale. (d) Grants.-- (1) In general.--Upon determining that a project is an eligible project, the Secretary is authorized to enter into multi-year agreements to provide results-based payments to a host developing country or appropriate local partners in the host developing country, including in the form of grants from the International Forestry Carbon Mitigation Fund established in subsection (f), to carry out such eligible project. 3) Termination.--An agreement under this subsection may be unilaterally terminated by the Secretary if the Secretary determines that the host developing country or a local partner is failing or has failed to uphold the terms and conditions established for the project. ( g) Trust Fund.--There is established in the Treasury the ``International Terrestrial Carbon Sequestration Fund'', which shall consist of-- (1) amounts appropriated pursuant to the authorization in subsection (h)(1) to carry out this section; and (2) such gifts, bequests, or devises of property for the benefit of, or in connection with carrying out this section as the Secretary may accept in the form of donations by individuals or entities, including private entities, non-profit entities, and multinational entities. ( 2) Availability.--Amounts appropriated to carry out this section are authorized to remain available until expended and shall be used solely for the purposes of this section. ( INTERNATIONAL TECHNICAL ASSISTANCE FOR CARBON MARKET DEVELOPMENT AND PARTICIPATION. ( 3) The country has developed, or is in the process of developing, comprehensive policies to monitor, report, and verify the environmental, social, and financial integrity of any such projects, including, if applicable, policies to ensure that the host country avoids double-counting the resulting reductions greenhouse gas emissions. ( (2) Enhancing sequestration through carbon sinks by restoring natural forests and other terrestrial and coastal carbon sinks as well as building resilience. ( 5) Developing the administrative and legal capacity and technical infrastructure necessary to implement carbon-pricing initiatives in recipient countries that drive investment in nature-based solutions to climate change. (

To establish an international terrestrial carbon sequestration program and provide international technical assistance for carbon market development, and for other purposes. a) In General.--The Secretary of State shall establish a program, to be known as the ``International Terrestrial Carbon Sequestration Program'', to provide results-based payments for eligible projects in developing countries that reduce emissions and enhance carbon sequestration from forests and other terrestrial and coastal ecosystems. ( (2) Additional forms of eligibility.--A project may also be determined to be eligible under this subsection if-- (A) the project includes a combination or aggregation of existing terrestrial carbon mitigation projects in the host country; or (B) the project is recognized under a national or sub-national terrestrial carbon mitigation program in the host country, without regard to whether the project is below the sub-national level or scale. ( d) Grants.-- (1) In general.--Upon determining that a project is an eligible project, the Secretary is authorized to enter into multi-year agreements to provide results-based payments to a host developing country or appropriate local partners in the host developing country, including in the form of grants from the International Forestry Carbon Mitigation Fund established in subsection (f), to carry out such eligible project. (4) Double counting of payments.--The Secretary shall take such steps as may be necessary to prevent the double counting of, or double payment for, emissions reduction or carbon sequestration results. ( e) Transparency.--The Secretary shall make publicly available a list of each grant made available to developing countries and local partners under the program established by subsection (a) and shall update on an annual basis the progress or any lack of progress in the implementation of the corresponding eligible projects and the achievement of their goals. ( (g) Trust Fund.--There is established in the Treasury the ``International Terrestrial Carbon Sequestration Fund'', which shall consist of-- (1) amounts appropriated pursuant to the authorization in subsection (h)(1) to carry out this section; and (2) such gifts, bequests, or devises of property for the benefit of, or in connection with carrying out this section as the Secretary may accept in the form of donations by individuals or entities, including private entities, non-profit entities, and multinational entities. ( 2) Availability.--Amounts appropriated to carry out this section are authorized to remain available until expended and shall be used solely for the purposes of this section. ( INTERNATIONAL TECHNICAL ASSISTANCE FOR CARBON MARKET DEVELOPMENT AND PARTICIPATION. ( a) In General.--The Administrator of the United States Agency for International Development, in consultation with the Secretary of State, shall conduct a program to provide resources and technical assistance to developing countries to conserve, manage, and restore forests and other terrestrial and coastal carbon sinks, to support nature-based carbon sequestration as a means to addressing global climate change, including by providing such resources and assistance with respect to projects for the goals described in section 2(b). (2) Legitimate land owners or use rights' holders in the country are permitted to sell carbon credits to voluntary and carbon compliance markets. ( 3) The country has developed, or is in the process of developing, comprehensive policies to monitor, report, and verify the environmental, social, and financial integrity of any such projects, including, if applicable, policies to ensure that the host country avoids double-counting the resulting reductions greenhouse gas emissions. ( (6) Developing domestic infrastructure for creating and tracking carbon credits, such as registries, and preparing countries to implement nature-based solution initiatives. ( 7) Ensuring that women, Indigenous Communities, and other local stakeholders are empowered and enabled to meaningful participation in all such activities. (

To establish an international terrestrial carbon sequestration program and provide international technical assistance for carbon market development, and for other purposes. a) In General.--The Secretary of State shall establish a program, to be known as the ``International Terrestrial Carbon Sequestration Program'', to provide results-based payments for eligible projects in developing countries that reduce emissions and enhance carbon sequestration from forests and other terrestrial and coastal ecosystems. ( 2) Additional forms of eligibility.--A project may also be determined to be eligible under this subsection if-- (A) the project includes a combination or aggregation of existing terrestrial carbon mitigation projects in the host country; or (B) the project is recognized under a national or sub-national terrestrial carbon mitigation program in the host country, without regard to whether the project is below the sub-national level or scale. (d) Grants.-- (1) In general.--Upon determining that a project is an eligible project, the Secretary is authorized to enter into multi-year agreements to provide results-based payments to a host developing country or appropriate local partners in the host developing country, including in the form of grants from the International Forestry Carbon Mitigation Fund established in subsection (f), to carry out such eligible project. 3) Termination.--An agreement under this subsection may be unilaterally terminated by the Secretary if the Secretary determines that the host developing country or a local partner is failing or has failed to uphold the terms and conditions established for the project. ( g) Trust Fund.--There is established in the Treasury the ``International Terrestrial Carbon Sequestration Fund'', which shall consist of-- (1) amounts appropriated pursuant to the authorization in subsection (h)(1) to carry out this section; and (2) such gifts, bequests, or devises of property for the benefit of, or in connection with carrying out this section as the Secretary may accept in the form of donations by individuals or entities, including private entities, non-profit entities, and multinational entities. ( 2) Availability.--Amounts appropriated to carry out this section are authorized to remain available until expended and shall be used solely for the purposes of this section. ( INTERNATIONAL TECHNICAL ASSISTANCE FOR CARBON MARKET DEVELOPMENT AND PARTICIPATION. ( 3) The country has developed, or is in the process of developing, comprehensive policies to monitor, report, and verify the environmental, social, and financial integrity of any such projects, including, if applicable, policies to ensure that the host country avoids double-counting the resulting reductions greenhouse gas emissions. ( (2) Enhancing sequestration through carbon sinks by restoring natural forests and other terrestrial and coastal carbon sinks as well as building resilience. ( 5) Developing the administrative and legal capacity and technical infrastructure necessary to implement carbon-pricing initiatives in recipient countries that drive investment in nature-based solutions to climate change. (

To establish an international terrestrial carbon sequestration program and provide international technical assistance for carbon market development, and for other purposes. a) In General.--The Secretary of State shall establish a program, to be known as the ``International Terrestrial Carbon Sequestration Program'', to provide results-based payments for eligible projects in developing countries that reduce emissions and enhance carbon sequestration from forests and other terrestrial and coastal ecosystems. ( (2) Additional forms of eligibility.--A project may also be determined to be eligible under this subsection if-- (A) the project includes a combination or aggregation of existing terrestrial carbon mitigation projects in the host country; or (B) the project is recognized under a national or sub-national terrestrial carbon mitigation program in the host country, without regard to whether the project is below the sub-national level or scale. ( d) Grants.-- (1) In general.--Upon determining that a project is an eligible project, the Secretary is authorized to enter into multi-year agreements to provide results-based payments to a host developing country or appropriate local partners in the host developing country, including in the form of grants from the International Forestry Carbon Mitigation Fund established in subsection (f), to carry out such eligible project. (4) Double counting of payments.--The Secretary shall take such steps as may be necessary to prevent the double counting of, or double payment for, emissions reduction or carbon sequestration results. ( e) Transparency.--The Secretary shall make publicly available a list of each grant made available to developing countries and local partners under the program established by subsection (a) and shall update on an annual basis the progress or any lack of progress in the implementation of the corresponding eligible projects and the achievement of their goals. ( (g) Trust Fund.--There is established in the Treasury the ``International Terrestrial Carbon Sequestration Fund'', which shall consist of-- (1) amounts appropriated pursuant to the authorization in subsection (h)(1) to carry out this section; and (2) such gifts, bequests, or devises of property for the benefit of, or in connection with carrying out this section as the Secretary may accept in the form of donations by individuals or entities, including private entities, non-profit entities, and multinational entities. ( 2) Availability.--Amounts appropriated to carry out this section are authorized to remain available until expended and shall be used solely for the purposes of this section. ( INTERNATIONAL TECHNICAL ASSISTANCE FOR CARBON MARKET DEVELOPMENT AND PARTICIPATION. ( a) In General.--The Administrator of the United States Agency for International Development, in consultation with the Secretary of State, shall conduct a program to provide resources and technical assistance to developing countries to conserve, manage, and restore forests and other terrestrial and coastal carbon sinks, to support nature-based carbon sequestration as a means to addressing global climate change, including by providing such resources and assistance with respect to projects for the goals described in section 2(b). (2) Legitimate land owners or use rights' holders in the country are permitted to sell carbon credits to voluntary and carbon compliance markets. ( 3) The country has developed, or is in the process of developing, comprehensive policies to monitor, report, and verify the environmental, social, and financial integrity of any such projects, including, if applicable, policies to ensure that the host country avoids double-counting the resulting reductions greenhouse gas emissions. ( (6) Developing domestic infrastructure for creating and tracking carbon credits, such as registries, and preparing countries to implement nature-based solution initiatives. ( 7) Ensuring that women, Indigenous Communities, and other local stakeholders are empowered and enabled to meaningful participation in all such activities. (

To establish an international terrestrial carbon sequestration program and provide international technical assistance for carbon market development, and for other purposes. a) In General.--The Secretary of State shall establish a program, to be known as the ``International Terrestrial Carbon Sequestration Program'', to provide results-based payments for eligible projects in developing countries that reduce emissions and enhance carbon sequestration from forests and other terrestrial and coastal ecosystems. ( 2) Additional forms of eligibility.--A project may also be determined to be eligible under this subsection if-- (A) the project includes a combination or aggregation of existing terrestrial carbon mitigation projects in the host country; or (B) the project is recognized under a national or sub-national terrestrial carbon mitigation program in the host country, without regard to whether the project is below the sub-national level or scale. (d) Grants.-- (1) In general.--Upon determining that a project is an eligible project, the Secretary is authorized to enter into multi-year agreements to provide results-based payments to a host developing country or appropriate local partners in the host developing country, including in the form of grants from the International Forestry Carbon Mitigation Fund established in subsection (f), to carry out such eligible project. 3) Termination.--An agreement under this subsection may be unilaterally terminated by the Secretary if the Secretary determines that the host developing country or a local partner is failing or has failed to uphold the terms and conditions established for the project. ( g) Trust Fund.--There is established in the Treasury the ``International Terrestrial Carbon Sequestration Fund'', which shall consist of-- (1) amounts appropriated pursuant to the authorization in subsection (h)(1) to carry out this section; and (2) such gifts, bequests, or devises of property for the benefit of, or in connection with carrying out this section as the Secretary may accept in the form of donations by individuals or entities, including private entities, non-profit entities, and multinational entities. ( 2) Availability.--Amounts appropriated to carry out this section are authorized to remain available until expended and shall be used solely for the purposes of this section. ( INTERNATIONAL TECHNICAL ASSISTANCE FOR CARBON MARKET DEVELOPMENT AND PARTICIPATION. ( 3) The country has developed, or is in the process of developing, comprehensive policies to monitor, report, and verify the environmental, social, and financial integrity of any such projects, including, if applicable, policies to ensure that the host country avoids double-counting the resulting reductions greenhouse gas emissions. ( (2) Enhancing sequestration through carbon sinks by restoring natural forests and other terrestrial and coastal carbon sinks as well as building resilience. ( 5) Developing the administrative and legal capacity and technical infrastructure necessary to implement carbon-pricing initiatives in recipient countries that drive investment in nature-based solutions to climate change. (

To establish an international terrestrial carbon sequestration program and provide international technical assistance for carbon market development, and for other purposes. d) Grants.-- (1) In general.--Upon determining that a project is an eligible project, the Secretary is authorized to enter into multi-year agreements to provide results-based payments to a host developing country or appropriate local partners in the host developing country, including in the form of grants from the International Forestry Carbon Mitigation Fund established in subsection (f), to carry out such eligible project. ( ( e) Transparency.--The Secretary shall make publicly available a list of each grant made available to developing countries and local partners under the program established by subsection (a) and shall update on an annual basis the progress or any lack of progress in the implementation of the corresponding eligible projects and the achievement of their goals. ( ( g) Trust Fund.--There is established in the Treasury the ``International Terrestrial Carbon Sequestration Fund'', which shall consist of-- (1) amounts appropriated pursuant to the authorization in subsection (h)(1) to carry out this section; and (2) such gifts, bequests, or devises of property for the benefit of, or in connection with carrying out this section as the Secretary may accept in the form of donations by individuals or entities, including private entities, non-profit entities, and multinational entities. ( (2) Legitimate land owners or use rights' holders in the country are permitted to sell carbon credits to voluntary and carbon compliance markets. ( 6) Developing domestic infrastructure for creating and tracking carbon credits, such as registries, and preparing countries to implement nature-based solution initiatives. (

To establish an international terrestrial carbon sequestration program and provide international technical assistance for carbon market development, and for other purposes. d) Grants.-- (1) In general.--Upon determining that a project is an eligible project, the Secretary is authorized to enter into multi-year agreements to provide results-based payments to a host developing country or appropriate local partners in the host developing country, including in the form of grants from the International Forestry Carbon Mitigation Fund established in subsection (f), to carry out such eligible project. ( 3) The country has developed, or is in the process of developing, comprehensive policies to monitor, report, and verify the environmental, social, and financial integrity of any such projects, including, if applicable, policies to ensure that the host country avoids double-counting the resulting reductions greenhouse gas emissions. ( ( 2) Enhancing sequestration through carbon sinks by restoring natural forests and other terrestrial and coastal carbon sinks as well as building resilience. (

To establish an international terrestrial carbon sequestration program and provide international technical assistance for carbon market development, and for other purposes. d) Grants.-- (1) In general.--Upon determining that a project is an eligible project, the Secretary is authorized to enter into multi-year agreements to provide results-based payments to a host developing country or appropriate local partners in the host developing country, including in the form of grants from the International Forestry Carbon Mitigation Fund established in subsection (f), to carry out such eligible project. ( ( e) Transparency.--The Secretary shall make publicly available a list of each grant made available to developing countries and local partners under the program established by subsection (a) and shall update on an annual basis the progress or any lack of progress in the implementation of the corresponding eligible projects and the achievement of their goals. ( ( g) Trust Fund.--There is established in the Treasury the ``International Terrestrial Carbon Sequestration Fund'', which shall consist of-- (1) amounts appropriated pursuant to the authorization in subsection (h)(1) to carry out this section; and (2) such gifts, bequests, or devises of property for the benefit of, or in connection with carrying out this section as the Secretary may accept in the form of donations by individuals or entities, including private entities, non-profit entities, and multinational entities. ( (2) Legitimate land owners or use rights' holders in the country are permitted to sell carbon credits to voluntary and carbon compliance markets. ( 6) Developing domestic infrastructure for creating and tracking carbon credits, such as registries, and preparing countries to implement nature-based solution initiatives. (

America Mitigating and Achieving Zero-emissions Originating from Nature for the 21st Century Act or the AMAZON21 Act This bill directs the Department of State to establish the International Terrestrial Carbon Sequestration Program to provide results-based payments for eligible projects in developing countries that reduce emissions and enhance carbon sequestration from forests and other terrestrial and coastal ecosystems. The program Directs the Administrator of the U.S. Agency for International Development (AID) to conduct a program to provide resources and technical assistance to developing countries to conserve, manage, and restore forests and other terrestrial and coastal carbon sinks, to support nature-based carbon sequestration as a means to addressing global climate change, including by providing resources and assistance with respect to projects for the goals

S.2095

Crime and Law Enforcement

Emergency Grants of Release And Compassion Effectively Act of 2021 or the Emergency GRACE Act This bill sets forth provisions to prevent and limit the spread of COVID-19 in federal correctional facilities (e.g., prisons) and state prison systems. Among the provisions, the bill Additionally, the bill provides FY2021 and FY2022 supplemental appropriations to help state prison systems expand testing of inmates and facilitate the compassionate release of high-risk inmates. The supplemental appropriations are designated as emergency spending, which is exempt from discretionary spending limits.

To expand compassionate release authority and elderly home confinement access for offenders with heightened coronavirus risk. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Grants of Release And Compassion Effectively Act of 2021'' or the ``Emergency GRACE Act''. SEC. 2. DEFINITIONS. In this Act: (1) Director.--The term ``Director'' means the Director of the Bureau of Prisons. (2) Public health emergency.--The term ``public health emergency''-- (A) means a public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d); and (B) includes-- (i) a public health emergency declared by the Governor of a State or territory in which a Bureau of Prisons facility is located; and (ii) the public health emergency declared on January 31, 2020, in response to COVID-19. SEC. 3. EXPEDITED COMPASSIONATE RELEASE. (a) Authority.--For purposes of a motion filed under section 3582(c)(1) of title 18, United States Code, during any period for which a public health emergency is in effect, the requirement to exhaust all administrative rights or the 30-day waiting period described in section 3582(c)(1) of title 18, United States Code, shall not apply. (b) Identifying Compassionate Release Cases.--The Director shall-- (1) identify defendants who are at a higher risk of death, as defined by the Centers for Disease Control and Prevention, from the disease or illness for which the public health emergency was declared, including-- (A) defendants over the age of 60; (B) defendants with a terminal illness, as defined in section 3582(d)(1) of title 18, United States Code; and (C) defendants with autoimmune disorders or serious medical conditions, including heart disease, diabetes, HIV, chronic or acute respiratory disease, or cancer; (2) upon a written request by a defendant for the medical records of the defendant, or in the case of the defendant's attorney, a request for the medical records of the defendant that declares under the penalty of perjury that the records are being sought in connection with a motion under subsection (a), promptly release all medical records from the year preceding the request to the parties specified in the request, including the court, the defendant, and any individual acting on the defendant's behalf; (3) ensure that there are adequate numbers of Bureau of Prison employees to carry out paragraph (1); and (4) provide guidance to Bureau of Prison employees consistent with public health and safety recommendations to prevent the spread of the disease or illness for which the public health emergency was declared. (c) Presumption.--In a motion filed under subsection (a) there shall be a presumption of sentence reduction for a defendant at a higher risk of death from the disease or illness for which the public health emergency was declared, including a defendant with autoimmune disorders or serious medical conditions, including heart disease, diabetes, HIV, chronic or acute respiratory disease, or cancer. (d) Legal Representation.--The court may appoint a Federal public defender or community defender, or other counsel qualified to be appointed under section 3006A of title 18, United States Code, to assist a defendant seeking relief under this section. (e) Conforming Amendments to Section 3582 of Title 18, United States Code.--Section 3582(c)(1) of title 18, United States Code, is amended-- (1) in the matter preceding subparagraph (A), by inserting ``, including a case involving an offense committed on or before November 1, 1987'' after ``case''; and (2) in subparagraph (A)-- (A) in the matter preceding clause (i), by striking ``or the lapse of 30 days from the receipt of such a request by the warden of the defendant's facility'' and inserting ``, or upon the lapse of 30 days from date on which the defendant submits a request for a reduction in sentence to the warden of the facility in which the defendant is imprisoned''; and (B) in clause (ii), by striking ``70 years of age'' and inserting ``60 years of age''. SEC. 4. TEMPORARY RELEASE FROM FEDERAL CUSTODY DURING A PUBLIC HEALTH EMERGENCY. (a) Temporary Release From Custody of the United States Marshals.-- During a public health emergency, a court may order that an individual in the custody of United States Marshals Service, or another Federal agency, be transferred to home confinement to the extent that the court determines such release to be necessary for the health and safety of the individual or the detention facility in which the individual would be placed. (b) Temporary Furlough or Transfer.-- (1) In general.--During a public health emergency, a court may order that an individual in the custody of the Federal Bureau of Prisons be furloughed or transferred to home confinement to the extent that the court determines such furlough or transfer to be necessary for the health and safety of the individual or the correctional facility in which the individual is held. (2) Factors to be considered.--In carrying out paragraph (1), the court may consider factors such as-- (A) whether an individual filed a motion for a reduction of sentence under section 3(a); (B) the risk to the health and safety of the facility in which the individual is held, including an outbreak of a highly contagious virus or disease; and (C) the safety of the community in which a person will be released. SEC. 5. ALLOWING FOR MEDICAL ASSISTANCE UNDER MEDICAID FOR INMATES DURING 30-DAY PERIOD PRECEDING RELEASE. The subdivision (A) following paragraph (30) of section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is amended by inserting ``and except during the 30-day period preceding the date of release of such individual from such public institution'' after ``medical institution''. SEC. 6. STOPPING THE SPREAD OF CORONAVIRUS IN FEDERAL PRISONS. (a) Required Action To Stop the Spread of Coronavirus.-- The Director shall require that all Bureau of Prisons facilities, including all contract facilities, follow the Centers for Disease Control recommended procedures for limiting the spread of the coronavirus, including robust and ongoing testing, providing adequate soap, medical care, comprehensive sanitation and cleaning of facilities, personal protective equipment, and other safety measures provided free of charge to-- (1) individuals who are incarcerated or detained in a Bureau of Prisons facility, including all contract facilities; and (2) individuals who work or volunteer in a Bureau of Prisons facility, including all contract facilities. (b) Plans and Procedures.--Not later than 7 days after the date of enactment of this Act, the Director shall-- (1) release information about plans and procedures to address the coronavirus within Bureau of Prisons facilities, including all contract facilities; (2) update the number of coronavirus cases that exist in Bureau of Prisons facilities, including all contract facilities, and provide daily updates of the number; (3) begin the process of testing-- (A) all individuals who are incarcerated or detained in a Bureau of Prisons facility or a contract facility; and (B) all individuals who work or volunteer in a Bureau of Prisons facility or contract facility; (4) provide prompt and accurate information about the number of coronavirus fatalities; (5) inform attorneys, families, and friends of inmates in custody when individuals are potentially exposed to or test positive with coronavirus and continue to provide timely, up- to-date information about the health of loved ones; (6) provide information about visitation, communication policies, and lockdowns; and (7) give updates on healthcare services being provided. SEC. 7. EMERGENCY APPROPRIATIONS FOR STATE SENTENCING REDUCTIONS ON THE BASIS OF AGE OR MEDICAL CONDITION. There are hereby appropriated, out of amounts in the Treasury not otherwise appropriated, for additional amounts for the Department of Justice for ``State and Local Law Enforcement Assistance'', $50,000,000 for fiscal years 2021 and 2022, to remain available until expended, to prevent, prepare for, and respond to the coronavirus, domestically or internationally, to be awarded pursuant to the formula allocation (adjusted in proportion to the relative amounts statutorily designated therefor) that was used in fiscal year 2020 for the Edward Byrne Memorial Justice Assistance Grant program as authorized by subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Acts of 1968 (``1968 Act''): Provided, That the amounts awarded to State Administering Agencies shall be awarded to the corrections departments or agency of each State and territory of the United States for the purpose of identifying State inmates who are at a higher risk of death from the disease or illness for which the public health emergency was declared, as defined by the Centers for Disease Control and Prevention, including inmates over the age of 60, inmates with a terminal illness, and inmates with autoimmune disorders or serious medical conditions, including heart disease, diabetes, HIV, chronic or acute respiratory disease, or cancer, and for the purpose of testing inmates for the coronavirus, and assisting such inmates in the preparation, drafting, and submission of requests for compassionate release, medical or elderly parole, or other sentence reductions on the basis of age or medical condition pursuant to relevant State law: Provided further, That the allocation provisions under subsections (a) through (e) of section 505 and the special rules for Puerto Rico under section 505(g) and section 1001(c) of the 1968 Act, shall not apply to the amount provided under this section: Provided further, That awards hereunder, shall not be subject to restrictions or special conditions that are the same as (or substantially similar to) those, imposed on awards under such subpart in fiscal year 2018, that forbid interference with Federal law enforcement: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. <all>

Emergency Grants of Release And Compassion Effectively Act of 2021

A bill to expand compassionate release authority and elderly home confinement access for offenders with heightened coronavirus risk.

Emergency Grants of Release And Compassion Effectively Act of 2021

Sen. Schatz, Brian

D

HI

This bill sets forth provisions to prevent and limit the spread of COVID-19 in federal correctional facilities (e.g., prisons) and state prison systems. Among the provisions, the bill Additionally, the bill provides FY2021 and FY2022 supplemental appropriations to help state prison systems expand testing of inmates and facilitate the compassionate release of high-risk inmates. The supplemental appropriations are designated as emergency spending, which is exempt from discretionary spending limits.

SHORT TITLE. 2. In this Act: (1) Director.--The term ``Director'' means the Director of the Bureau of Prisons. 3. EXPEDITED COMPASSIONATE RELEASE. (c) Presumption.--In a motion filed under subsection (a) there shall be a presumption of sentence reduction for a defendant at a higher risk of death from the disease or illness for which the public health emergency was declared, including a defendant with autoimmune disorders or serious medical conditions, including heart disease, diabetes, HIV, chronic or acute respiratory disease, or cancer. (e) Conforming Amendments to Section 3582 of Title 18, United States Code.--Section 3582(c)(1) of title 18, United States Code, is amended-- (1) in the matter preceding subparagraph (A), by inserting ``, including a case involving an offense committed on or before November 1, 1987'' after ``case''; and (2) in subparagraph (A)-- (A) in the matter preceding clause (i), by striking ``or the lapse of 30 days from the receipt of such a request by the warden of the defendant's facility'' and inserting ``, or upon the lapse of 30 days from date on which the defendant submits a request for a reduction in sentence to the warden of the facility in which the defendant is imprisoned''; and (B) in clause (ii), by striking ``70 years of age'' and inserting ``60 years of age''. 4. TEMPORARY RELEASE FROM FEDERAL CUSTODY DURING A PUBLIC HEALTH EMERGENCY. (a) Temporary Release From Custody of the United States Marshals.-- During a public health emergency, a court may order that an individual in the custody of United States Marshals Service, or another Federal agency, be transferred to home confinement to the extent that the court determines such release to be necessary for the health and safety of the individual or the detention facility in which the individual would be placed. 5. ALLOWING FOR MEDICAL ASSISTANCE UNDER MEDICAID FOR INMATES DURING 30-DAY PERIOD PRECEDING RELEASE. 6. STOPPING THE SPREAD OF CORONAVIRUS IN FEDERAL PRISONS. (b) Plans and Procedures.--Not later than 7 days after the date of enactment of this Act, the Director shall-- (1) release information about plans and procedures to address the coronavirus within Bureau of Prisons facilities, including all contract facilities; (2) update the number of coronavirus cases that exist in Bureau of Prisons facilities, including all contract facilities, and provide daily updates of the number; (3) begin the process of testing-- (A) all individuals who are incarcerated or detained in a Bureau of Prisons facility or a contract facility; and (B) all individuals who work or volunteer in a Bureau of Prisons facility or contract facility; (4) provide prompt and accurate information about the number of coronavirus fatalities; (5) inform attorneys, families, and friends of inmates in custody when individuals are potentially exposed to or test positive with coronavirus and continue to provide timely, up- to-date information about the health of loved ones; (6) provide information about visitation, communication policies, and lockdowns; and (7) give updates on healthcare services being provided. SEC. 7.

SHORT TITLE. 2. In this Act: (1) Director.--The term ``Director'' means the Director of the Bureau of Prisons. 3. EXPEDITED COMPASSIONATE RELEASE. (c) Presumption.--In a motion filed under subsection (a) there shall be a presumption of sentence reduction for a defendant at a higher risk of death from the disease or illness for which the public health emergency was declared, including a defendant with autoimmune disorders or serious medical conditions, including heart disease, diabetes, HIV, chronic or acute respiratory disease, or cancer. (e) Conforming Amendments to Section 3582 of Title 18, United States Code.--Section 3582(c)(1) of title 18, United States Code, is amended-- (1) in the matter preceding subparagraph (A), by inserting ``, including a case involving an offense committed on or before November 1, 1987'' after ``case''; and (2) in subparagraph (A)-- (A) in the matter preceding clause (i), by striking ``or the lapse of 30 days from the receipt of such a request by the warden of the defendant's facility'' and inserting ``, or upon the lapse of 30 days from date on which the defendant submits a request for a reduction in sentence to the warden of the facility in which the defendant is imprisoned''; and (B) in clause (ii), by striking ``70 years of age'' and inserting ``60 years of age''. 4. TEMPORARY RELEASE FROM FEDERAL CUSTODY DURING A PUBLIC HEALTH EMERGENCY. (a) Temporary Release From Custody of the United States Marshals.-- During a public health emergency, a court may order that an individual in the custody of United States Marshals Service, or another Federal agency, be transferred to home confinement to the extent that the court determines such release to be necessary for the health and safety of the individual or the detention facility in which the individual would be placed. 5. ALLOWING FOR MEDICAL ASSISTANCE UNDER MEDICAID FOR INMATES DURING 30-DAY PERIOD PRECEDING RELEASE. 6. STOPPING THE SPREAD OF CORONAVIRUS IN FEDERAL PRISONS. SEC. 7.

SHORT TITLE. 2. In this Act: (1) Director.--The term ``Director'' means the Director of the Bureau of Prisons. 3. EXPEDITED COMPASSIONATE RELEASE. (c) Presumption.--In a motion filed under subsection (a) there shall be a presumption of sentence reduction for a defendant at a higher risk of death from the disease or illness for which the public health emergency was declared, including a defendant with autoimmune disorders or serious medical conditions, including heart disease, diabetes, HIV, chronic or acute respiratory disease, or cancer. (e) Conforming Amendments to Section 3582 of Title 18, United States Code.--Section 3582(c)(1) of title 18, United States Code, is amended-- (1) in the matter preceding subparagraph (A), by inserting ``, including a case involving an offense committed on or before November 1, 1987'' after ``case''; and (2) in subparagraph (A)-- (A) in the matter preceding clause (i), by striking ``or the lapse of 30 days from the receipt of such a request by the warden of the defendant's facility'' and inserting ``, or upon the lapse of 30 days from date on which the defendant submits a request for a reduction in sentence to the warden of the facility in which the defendant is imprisoned''; and (B) in clause (ii), by striking ``70 years of age'' and inserting ``60 years of age''. 4. TEMPORARY RELEASE FROM FEDERAL CUSTODY DURING A PUBLIC HEALTH EMERGENCY. (a) Temporary Release From Custody of the United States Marshals.-- During a public health emergency, a court may order that an individual in the custody of United States Marshals Service, or another Federal agency, be transferred to home confinement to the extent that the court determines such release to be necessary for the health and safety of the individual or the detention facility in which the individual would be placed. 5. ALLOWING FOR MEDICAL ASSISTANCE UNDER MEDICAID FOR INMATES DURING 30-DAY PERIOD PRECEDING RELEASE. 6. STOPPING THE SPREAD OF CORONAVIRUS IN FEDERAL PRISONS. (b) Plans and Procedures.--Not later than 7 days after the date of enactment of this Act, the Director shall-- (1) release information about plans and procedures to address the coronavirus within Bureau of Prisons facilities, including all contract facilities; (2) update the number of coronavirus cases that exist in Bureau of Prisons facilities, including all contract facilities, and provide daily updates of the number; (3) begin the process of testing-- (A) all individuals who are incarcerated or detained in a Bureau of Prisons facility or a contract facility; and (B) all individuals who work or volunteer in a Bureau of Prisons facility or contract facility; (4) provide prompt and accurate information about the number of coronavirus fatalities; (5) inform attorneys, families, and friends of inmates in custody when individuals are potentially exposed to or test positive with coronavirus and continue to provide timely, up- to-date information about the health of loved ones; (6) provide information about visitation, communication policies, and lockdowns; and (7) give updates on healthcare services being provided. SEC. 7.

To expand compassionate release authority and elderly home confinement access for offenders with heightened coronavirus risk. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. DEFINITIONS. In this Act: (1) Director.--The term ``Director'' means the Director of the Bureau of Prisons. 3. EXPEDITED COMPASSIONATE RELEASE. (c) Presumption.--In a motion filed under subsection (a) there shall be a presumption of sentence reduction for a defendant at a higher risk of death from the disease or illness for which the public health emergency was declared, including a defendant with autoimmune disorders or serious medical conditions, including heart disease, diabetes, HIV, chronic or acute respiratory disease, or cancer. (d) Legal Representation.--The court may appoint a Federal public defender or community defender, or other counsel qualified to be appointed under section 3006A of title 18, United States Code, to assist a defendant seeking relief under this section. (e) Conforming Amendments to Section 3582 of Title 18, United States Code.--Section 3582(c)(1) of title 18, United States Code, is amended-- (1) in the matter preceding subparagraph (A), by inserting ``, including a case involving an offense committed on or before November 1, 1987'' after ``case''; and (2) in subparagraph (A)-- (A) in the matter preceding clause (i), by striking ``or the lapse of 30 days from the receipt of such a request by the warden of the defendant's facility'' and inserting ``, or upon the lapse of 30 days from date on which the defendant submits a request for a reduction in sentence to the warden of the facility in which the defendant is imprisoned''; and (B) in clause (ii), by striking ``70 years of age'' and inserting ``60 years of age''. 4. TEMPORARY RELEASE FROM FEDERAL CUSTODY DURING A PUBLIC HEALTH EMERGENCY. (a) Temporary Release From Custody of the United States Marshals.-- During a public health emergency, a court may order that an individual in the custody of United States Marshals Service, or another Federal agency, be transferred to home confinement to the extent that the court determines such release to be necessary for the health and safety of the individual or the detention facility in which the individual would be placed. 5. ALLOWING FOR MEDICAL ASSISTANCE UNDER MEDICAID FOR INMATES DURING 30-DAY PERIOD PRECEDING RELEASE. The subdivision (A) following paragraph (30) of section 1905(a) of the Social Security Act (42 U.S.C. 6. STOPPING THE SPREAD OF CORONAVIRUS IN FEDERAL PRISONS. (b) Plans and Procedures.--Not later than 7 days after the date of enactment of this Act, the Director shall-- (1) release information about plans and procedures to address the coronavirus within Bureau of Prisons facilities, including all contract facilities; (2) update the number of coronavirus cases that exist in Bureau of Prisons facilities, including all contract facilities, and provide daily updates of the number; (3) begin the process of testing-- (A) all individuals who are incarcerated or detained in a Bureau of Prisons facility or a contract facility; and (B) all individuals who work or volunteer in a Bureau of Prisons facility or contract facility; (4) provide prompt and accurate information about the number of coronavirus fatalities; (5) inform attorneys, families, and friends of inmates in custody when individuals are potentially exposed to or test positive with coronavirus and continue to provide timely, up- to-date information about the health of loved ones; (6) provide information about visitation, communication policies, and lockdowns; and (7) give updates on healthcare services being provided. SEC. 7. There are hereby appropriated, out of amounts in the Treasury not otherwise appropriated, for additional amounts for the Department of Justice for ``State and Local Law Enforcement Assistance'', $50,000,000 for fiscal years 2021 and 2022, to remain available until expended, to prevent, prepare for, and respond to the coronavirus, domestically or internationally, to be awarded pursuant to the formula allocation (adjusted in proportion to the relative amounts statutorily designated therefor) that was used in fiscal year 2020 for the Edward Byrne Memorial Justice Assistance Grant program as authorized by subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Acts of 1968 (``1968 Act''): Provided, That the amounts awarded to State Administering Agencies shall be awarded to the corrections departments or agency of each State and territory of the United States for the purpose of identifying State inmates who are at a higher risk of death from the disease or illness for which the public health emergency was declared, as defined by the Centers for Disease Control and Prevention, including inmates over the age of 60, inmates with a terminal illness, and inmates with autoimmune disorders or serious medical conditions, including heart disease, diabetes, HIV, chronic or acute respiratory disease, or cancer, and for the purpose of testing inmates for the coronavirus, and assisting such inmates in the preparation, drafting, and submission of requests for compassionate release, medical or elderly parole, or other sentence reductions on the basis of age or medical condition pursuant to relevant State law: Provided further, That the allocation provisions under subsections (a) through (e) of section 505 and the special rules for Puerto Rico under section 505(g) and section 1001(c) of the 1968 Act, shall not apply to the amount provided under this section: Provided further, That awards hereunder, shall not be subject to restrictions or special conditions that are the same as (or substantially similar to) those, imposed on awards under such subpart in fiscal year 2018, that forbid interference with Federal law enforcement: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

To expand compassionate release authority and elderly home confinement access for offenders with heightened coronavirus risk. 2) Public health emergency.--The term ``public health emergency''-- (A) means a public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d); and (B) includes-- (i) a public health emergency declared by the Governor of a State or territory in which a Bureau of Prisons facility is located; and (ii) the public health emergency declared on January 31, 2020, in response to COVID-19. (c) Presumption.--In a motion filed under subsection (a) there shall be a presumption of sentence reduction for a defendant at a higher risk of death from the disease or illness for which the public health emergency was declared, including a defendant with autoimmune disorders or serious medical conditions, including heart disease, diabetes, HIV, chronic or acute respiratory disease, or cancer. ( d) Legal Representation.--The court may appoint a Federal public defender or community defender, or other counsel qualified to be appointed under section 3006A of title 18, United States Code, to assist a defendant seeking relief under this section. ( (a) Temporary Release From Custody of the United States Marshals.-- During a public health emergency, a court may order that an individual in the custody of United States Marshals Service, or another Federal agency, be transferred to home confinement to the extent that the court determines such release to be necessary for the health and safety of the individual or the detention facility in which the individual would be placed. ( b) Temporary Furlough or Transfer.-- (1) In general.--During a public health emergency, a court may order that an individual in the custody of the Federal Bureau of Prisons be furloughed or transferred to home confinement to the extent that the court determines such furlough or transfer to be necessary for the health and safety of the individual or the correctional facility in which the individual is held. ( 1396d(a)) is amended by inserting ``and except during the 30-day period preceding the date of release of such individual from such public institution'' after ``medical institution''. STOPPING THE SPREAD OF CORONAVIRUS IN FEDERAL PRISONS. ( EMERGENCY APPROPRIATIONS FOR STATE SENTENCING REDUCTIONS ON THE BASIS OF AGE OR MEDICAL CONDITION.

To expand compassionate release authority and elderly home confinement access for offenders with heightened coronavirus risk. 2) Public health emergency.--The term ``public health emergency''-- (A) means a public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d); and (B) includes-- (i) a public health emergency declared by the Governor of a State or territory in which a Bureau of Prisons facility is located; and (ii) the public health emergency declared on January 31, 2020, in response to COVID-19. c) Presumption.--In a motion filed under subsection (a) there shall be a presumption of sentence reduction for a defendant at a higher risk of death from the disease or illness for which the public health emergency was declared, including a defendant with autoimmune disorders or serious medical conditions, including heart disease, diabetes, HIV, chronic or acute respiratory disease, or cancer. ( d) Legal Representation.--The court may appoint a Federal public defender or community defender, or other counsel qualified to be appointed under section 3006A of title 18, United States Code, to assist a defendant seeking relief under this section. TEMPORARY RELEASE FROM FEDERAL CUSTODY DURING A PUBLIC HEALTH EMERGENCY. ( b) Temporary Furlough or Transfer.-- (1) In general.--During a public health emergency, a court may order that an individual in the custody of the Federal Bureau of Prisons be furloughed or transferred to home confinement to the extent that the court determines such furlough or transfer to be necessary for the health and safety of the individual or the correctional facility in which the individual is held. ( The subdivision (A) following paragraph (30) of section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is amended by inserting ``and except during the 30-day period preceding the date of release of such individual from such public institution'' after ``medical institution''. STOPPING THE SPREAD OF CORONAVIRUS IN FEDERAL PRISONS. (

To expand compassionate release authority and elderly home confinement access for offenders with heightened coronavirus risk. 2) Public health emergency.--The term ``public health emergency''-- (A) means a public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d); and (B) includes-- (i) a public health emergency declared by the Governor of a State or territory in which a Bureau of Prisons facility is located; and (ii) the public health emergency declared on January 31, 2020, in response to COVID-19. c) Presumption.--In a motion filed under subsection (a) there shall be a presumption of sentence reduction for a defendant at a higher risk of death from the disease or illness for which the public health emergency was declared, including a defendant with autoimmune disorders or serious medical conditions, including heart disease, diabetes, HIV, chronic or acute respiratory disease, or cancer. ( d) Legal Representation.--The court may appoint a Federal public defender or community defender, or other counsel qualified to be appointed under section 3006A of title 18, United States Code, to assist a defendant seeking relief under this section. TEMPORARY RELEASE FROM FEDERAL CUSTODY DURING A PUBLIC HEALTH EMERGENCY. ( b) Temporary Furlough or Transfer.-- (1) In general.--During a public health emergency, a court may order that an individual in the custody of the Federal Bureau of Prisons be furloughed or transferred to home confinement to the extent that the court determines such furlough or transfer to be necessary for the health and safety of the individual or the correctional facility in which the individual is held. ( The subdivision (A) following paragraph (30) of section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is amended by inserting ``and except during the 30-day period preceding the date of release of such individual from such public institution'' after ``medical institution''. STOPPING THE SPREAD OF CORONAVIRUS IN FEDERAL PRISONS. (

To expand compassionate release authority and elderly home confinement access for offenders with heightened coronavirus risk. 2) Public health emergency.--The term ``public health emergency''-- (A) means a public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d); and (B) includes-- (i) a public health emergency declared by the Governor of a State or territory in which a Bureau of Prisons facility is located; and (ii) the public health emergency declared on January 31, 2020, in response to COVID-19. (c) Presumption.--In a motion filed under subsection (a) there shall be a presumption of sentence reduction for a defendant at a higher risk of death from the disease or illness for which the public health emergency was declared, including a defendant with autoimmune disorders or serious medical conditions, including heart disease, diabetes, HIV, chronic or acute respiratory disease, or cancer. ( d) Legal Representation.--The court may appoint a Federal public defender or community defender, or other counsel qualified to be appointed under section 3006A of title 18, United States Code, to assist a defendant seeking relief under this section. ( (a) Temporary Release From Custody of the United States Marshals.-- During a public health emergency, a court may order that an individual in the custody of United States Marshals Service, or another Federal agency, be transferred to home confinement to the extent that the court determines such release to be necessary for the health and safety of the individual or the detention facility in which the individual would be placed. ( b) Temporary Furlough or Transfer.-- (1) In general.--During a public health emergency, a court may order that an individual in the custody of the Federal Bureau of Prisons be furloughed or transferred to home confinement to the extent that the court determines such furlough or transfer to be necessary for the health and safety of the individual or the correctional facility in which the individual is held. ( 1396d(a)) is amended by inserting ``and except during the 30-day period preceding the date of release of such individual from such public institution'' after ``medical institution''. STOPPING THE SPREAD OF CORONAVIRUS IN FEDERAL PRISONS. ( EMERGENCY APPROPRIATIONS FOR STATE SENTENCING REDUCTIONS ON THE BASIS OF AGE OR MEDICAL CONDITION.

To expand compassionate release authority and elderly home confinement access for offenders with heightened coronavirus risk. 2) Public health emergency.--The term ``public health emergency''-- (A) means a public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d); and (B) includes-- (i) a public health emergency declared by the Governor of a State or territory in which a Bureau of Prisons facility is located; and (ii) the public health emergency declared on January 31, 2020, in response to COVID-19. c) Presumption.--In a motion filed under subsection (a) there shall be a presumption of sentence reduction for a defendant at a higher risk of death from the disease or illness for which the public health emergency was declared, including a defendant with autoimmune disorders or serious medical conditions, including heart disease, diabetes, HIV, chronic or acute respiratory disease, or cancer. ( d) Legal Representation.--The court may appoint a Federal public defender or community defender, or other counsel qualified to be appointed under section 3006A of title 18, United States Code, to assist a defendant seeking relief under this section. TEMPORARY RELEASE FROM FEDERAL CUSTODY DURING A PUBLIC HEALTH EMERGENCY. ( b) Temporary Furlough or Transfer.-- (1) In general.--During a public health emergency, a court may order that an individual in the custody of the Federal Bureau of Prisons be furloughed or transferred to home confinement to the extent that the court determines such furlough or transfer to be necessary for the health and safety of the individual or the correctional facility in which the individual is held. ( The subdivision (A) following paragraph (30) of section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is amended by inserting ``and except during the 30-day period preceding the date of release of such individual from such public institution'' after ``medical institution''. STOPPING THE SPREAD OF CORONAVIRUS IN FEDERAL PRISONS. (

To expand compassionate release authority and elderly home confinement access for offenders with heightened coronavirus risk. 2) Public health emergency.--The term ``public health emergency''-- (A) means a public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d); and (B) includes-- (i) a public health emergency declared by the Governor of a State or territory in which a Bureau of Prisons facility is located; and (ii) the public health emergency declared on January 31, 2020, in response to COVID-19. (c) Presumption.--In a motion filed under subsection (a) there shall be a presumption of sentence reduction for a defendant at a higher risk of death from the disease or illness for which the public health emergency was declared, including a defendant with autoimmune disorders or serious medical conditions, including heart disease, diabetes, HIV, chronic or acute respiratory disease, or cancer. ( d) Legal Representation.--The court may appoint a Federal public defender or community defender, or other counsel qualified to be appointed under section 3006A of title 18, United States Code, to assist a defendant seeking relief under this section. ( (a) Temporary Release From Custody of the United States Marshals.-- During a public health emergency, a court may order that an individual in the custody of United States Marshals Service, or another Federal agency, be transferred to home confinement to the extent that the court determines such release to be necessary for the health and safety of the individual or the detention facility in which the individual would be placed. ( b) Temporary Furlough or Transfer.-- (1) In general.--During a public health emergency, a court may order that an individual in the custody of the Federal Bureau of Prisons be furloughed or transferred to home confinement to the extent that the court determines such furlough or transfer to be necessary for the health and safety of the individual or the correctional facility in which the individual is held. ( 1396d(a)) is amended by inserting ``and except during the 30-day period preceding the date of release of such individual from such public institution'' after ``medical institution''. STOPPING THE SPREAD OF CORONAVIRUS IN FEDERAL PRISONS. ( EMERGENCY APPROPRIATIONS FOR STATE SENTENCING REDUCTIONS ON THE BASIS OF AGE OR MEDICAL CONDITION.

To expand compassionate release authority and elderly home confinement access for offenders with heightened coronavirus risk. 2) Public health emergency.--The term ``public health emergency''-- (A) means a public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d); and (B) includes-- (i) a public health emergency declared by the Governor of a State or territory in which a Bureau of Prisons facility is located; and (ii) the public health emergency declared on January 31, 2020, in response to COVID-19. c) Presumption.--In a motion filed under subsection (a) there shall be a presumption of sentence reduction for a defendant at a higher risk of death from the disease or illness for which the public health emergency was declared, including a defendant with autoimmune disorders or serious medical conditions, including heart disease, diabetes, HIV, chronic or acute respiratory disease, or cancer. ( d) Legal Representation.--The court may appoint a Federal public defender or community defender, or other counsel qualified to be appointed under section 3006A of title 18, United States Code, to assist a defendant seeking relief under this section. TEMPORARY RELEASE FROM FEDERAL CUSTODY DURING A PUBLIC HEALTH EMERGENCY. ( b) Temporary Furlough or Transfer.-- (1) In general.--During a public health emergency, a court may order that an individual in the custody of the Federal Bureau of Prisons be furloughed or transferred to home confinement to the extent that the court determines such furlough or transfer to be necessary for the health and safety of the individual or the correctional facility in which the individual is held. ( The subdivision (A) following paragraph (30) of section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is amended by inserting ``and except during the 30-day period preceding the date of release of such individual from such public institution'' after ``medical institution''. STOPPING THE SPREAD OF CORONAVIRUS IN FEDERAL PRISONS. (

To expand compassionate release authority and elderly home confinement access for offenders with heightened coronavirus risk. 2) Public health emergency.--The term ``public health emergency''-- (A) means a public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d); and (B) includes-- (i) a public health emergency declared by the Governor of a State or territory in which a Bureau of Prisons facility is located; and (ii) the public health emergency declared on January 31, 2020, in response to COVID-19. (c) Presumption.--In a motion filed under subsection (a) there shall be a presumption of sentence reduction for a defendant at a higher risk of death from the disease or illness for which the public health emergency was declared, including a defendant with autoimmune disorders or serious medical conditions, including heart disease, diabetes, HIV, chronic or acute respiratory disease, or cancer. ( d) Legal Representation.--The court may appoint a Federal public defender or community defender, or other counsel qualified to be appointed under section 3006A of title 18, United States Code, to assist a defendant seeking relief under this section. ( (a) Temporary Release From Custody of the United States Marshals.-- During a public health emergency, a court may order that an individual in the custody of United States Marshals Service, or another Federal agency, be transferred to home confinement to the extent that the court determines such release to be necessary for the health and safety of the individual or the detention facility in which the individual would be placed. ( b) Temporary Furlough or Transfer.-- (1) In general.--During a public health emergency, a court may order that an individual in the custody of the Federal Bureau of Prisons be furloughed or transferred to home confinement to the extent that the court determines such furlough or transfer to be necessary for the health and safety of the individual or the correctional facility in which the individual is held. ( 1396d(a)) is amended by inserting ``and except during the 30-day period preceding the date of release of such individual from such public institution'' after ``medical institution''. STOPPING THE SPREAD OF CORONAVIRUS IN FEDERAL PRISONS. ( EMERGENCY APPROPRIATIONS FOR STATE SENTENCING REDUCTIONS ON THE BASIS OF AGE OR MEDICAL CONDITION.

To expand compassionate release authority and elderly home confinement access for offenders with heightened coronavirus risk. 2) Public health emergency.--The term ``public health emergency''-- (A) means a public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d); and (B) includes-- (i) a public health emergency declared by the Governor of a State or territory in which a Bureau of Prisons facility is located; and (ii) the public health emergency declared on January 31, 2020, in response to COVID-19. c) Presumption.--In a motion filed under subsection (a) there shall be a presumption of sentence reduction for a defendant at a higher risk of death from the disease or illness for which the public health emergency was declared, including a defendant with autoimmune disorders or serious medical conditions, including heart disease, diabetes, HIV, chronic or acute respiratory disease, or cancer. ( d) Legal Representation.--The court may appoint a Federal public defender or community defender, or other counsel qualified to be appointed under section 3006A of title 18, United States Code, to assist a defendant seeking relief under this section. TEMPORARY RELEASE FROM FEDERAL CUSTODY DURING A PUBLIC HEALTH EMERGENCY. ( b) Temporary Furlough or Transfer.-- (1) In general.--During a public health emergency, a court may order that an individual in the custody of the Federal Bureau of Prisons be furloughed or transferred to home confinement to the extent that the court determines such furlough or transfer to be necessary for the health and safety of the individual or the correctional facility in which the individual is held. ( The subdivision (A) following paragraph (30) of section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is amended by inserting ``and except during the 30-day period preceding the date of release of such individual from such public institution'' after ``medical institution''. STOPPING THE SPREAD OF CORONAVIRUS IN FEDERAL PRISONS. (

To expand compassionate release authority and elderly home confinement access for offenders with heightened coronavirus risk. 2) Public health emergency.--The term ``public health emergency''-- (A) means a public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d); and (B) includes-- (i) a public health emergency declared by the Governor of a State or territory in which a Bureau of Prisons facility is located; and (ii) the public health emergency declared on January 31, 2020, in response to COVID-19. ( ( (a) Temporary Release From Custody of the United States Marshals.-- During a public health emergency, a court may order that an individual in the custody of United States Marshals Service, or another Federal agency, be transferred to home confinement to the extent that the court determines such release to be necessary for the health and safety of the individual or the detention facility in which the individual would be placed. ( b) Temporary Furlough or Transfer.-- (1) In general.--During a public health emergency, a court may order that an individual in the custody of the Federal Bureau of Prisons be furloughed or transferred to home confinement to the extent that the court determines such furlough or transfer to be necessary for the health and safety of the individual or the correctional facility in which the individual is held. (

Emergency Grants of Release And Compassion Effectively Act of 2021 or the Emergency GRACE Act This bill amends the federal criminal code to provide for the expedited release of individuals who are at a higher risk of death from a public health emergency. The bill also expands the compassionate release authority of the Department of Justice (DOJ) to include individuals over the age of 60, with terminal Directs the Director of the Bureau of Prisons (BOP) to: (1) require that all Bureau facilities, including all contract facilities, follow the Centers for Disease Control recommended procedures for limiting the spread of the coronavirus, including robust and ongoing testing, providing adequate soap, medical care, comprehensive sanitation and cleaning of facilities, personal protective equipment, and other safety measures provided

H.R.2810

Government Operations and Politics

Build America, Buy America Act This bill requires federal infrastructure programs to provide for the use of materials produced in the United States. Each federal agency must submit to the Office of Management and Budget and to Congress a report that identifies each federal financial assistance program for infrastructure administered by the agency and (1) identify domestic content procurement preferences applicable to the assistance, (2) assess the applicability of such requirements, (3) provide details on any applicable domestic content procurement preference requirement, and (4) include a description of the type of infrastructure projects that receive funding under the program. Each agency shall ensure that none of the funds made available for such a program may be used for a project unless all of the iron, steel, and manufactured products used in the project are produced in the United States, subject to waivers where inconsistent with the public interest, where not produced in sufficient quantities or satisfactory quality, or where such inclusion will increase the cost of the project by more than 25%.

To ensure that certain Federal infrastructure programs require the use of materials produced in the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Build America, Buy America Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the United States must make significant investments to install, upgrade, or replace the public works infrastructure of the United States; (2) with respect to investments in the infrastructure of the United States, taxpayers expect that their public works infrastructure will be produced in the United States by American workers; (3) United States taxpayer dollars invested in public infrastructure should not be used to reward companies that have moved their operations, investment dollars, and jobs to foreign countries or foreign factories, particularly those that do not share or openly flout the commitments of the United States to environmental, worker, and workplace safety protections; (4) in procuring materials for public works projects, entities using taxpayer-financed Federal assistance should give a commonsense procurement preference for the materials and products produced by companies and workers in the United States in accordance with the high ideals embodied in the environmental, worker, workplace safety, and other regulatory requirements of the United States; (5) the benefits of domestic content preferences extend beyond economics; (6) by incentivizing domestic manufacturing, domestic content preferences reinvest tax dollars in companies and processes using the highest labor and environmental standards in the world; (7) strong domestic content preference policies act to prevent shifts in production to countries that rely on production practices that are significantly less energy efficient and far more polluting than those in the United States; (8) for over 75 years, Buy America and other domestic preference laws have been part of the United States procurement policy, ensuring that the United States can build and rebuild the infrastructure of the United States with high-quality American-made materials; (9) Buy America laws create demand for domestically produced goods, helping to sustain and grow domestic manufacturing and the millions of jobs domestic manufacturing supports throughout product supply chains; (10) as of the date of enactment of this Act, domestic procurement preference policies apply to all Federal Government procurement and to various Federal-aid infrastructure programs; (11) a robust domestic manufacturing sector is a vital component of the national security of the United States; (12) as more manufacturing operations of the United States have moved offshore, the strength and readiness of the defense industrial base of the United States has been diminished; and (13) domestic procurement preference laws-- (A) are fully consistent with the international obligations of the United States; and (B) together with the government procurements to which the laws apply, are important levers for ensuring that United States manufacturers can access the government procurement markets of the trading partners of the United States. SEC. 3. DEFINITIONS. In this Act: (1) Deficient program.--The term ``deficient program'' means a program identified by the head of a Federal agency under section 4(c). (2) Domestic content procurement preference.--The term ``domestic content procurement preference'' means a requirement that no amounts made available through a program for Federal financial assistance may be obligated for a project unless-- (A) all iron and steel used in the project are produced in the United States; or (B) the manufactured products used in the project are produced in the United States. (3) Federal agency.--The term ``Federal agency'' has the meaning given the term ``agency'' in section 552(f) of title 5, United States Code. (4) Federal financial assistance.-- (A) In general.--The term ``Federal financial assistance'' has the meaning given the term in section 200.40 of title 2, Code of Federal Regulations (or successor regulations). (B) Inclusion.--The term ``Federal financial assistance'' includes all expenditures by a Federal agency for an infrastructure project. (5) Infrastructure.--The term ``infrastructure'' includes, at a minimum, the structures, facilities, and equipment for, in the United States-- (A) roads, highways, and bridges; (B) public transportation; (C) dams, ports, harbors, and other maritime facilities; (D) intercity passenger and freight railroads; (E) freight and intermodal facilities; (F) airports; (G) water systems, including drinking water and wastewater systems; (H) electrical transmission facilities and systems; (I) utilities; (J) broadband infrastructure; and (K) buildings and real property. (6) Produced in the united states.--The term ``produced in the United States'' means, in the case of iron or steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (7) Project.--The term ``project'' means the construction, alteration, maintenance, or repair of infrastructure in the United States. SEC. 4. IDENTIFICATION OF DEFICIENT PROGRAMS. (a) In General.--Not later than 60 days after the date of enactment of this Act, the head of each Federal agency shall-- (1) submit to the Office of Management and Budget and to Congress, including a separate notice to each appropriate congressional committee, a report that identifies each Federal financial assistance program for infrastructure administered by the Federal agency; and (2) publish in the Federal Register the report under paragraph (1). (b) Requirements.--In the report under subsection (a), the head of each Federal agency shall, for each Federal financial assistance program-- (1) identify all domestic content procurement preferences applicable to the Federal financial assistance; (2) assess the applicability of the domestic content procurement preference requirements, including-- (A) section 313 of title 23, United States Code; (B) section 5323(j) of title 49, United States Code; (C) section 22905(a) of title 49, United States Code; (D) section 50101 of title 49, United States Code; (E) section 603 of the Federal Water Pollution Control Act (33 U.S.C. 1388); (F) section 1452(a)(4) of the Safe Drinking Water Act (42 U.S.C. 300j-12(a)(4)); (G) section 5035 of the Water Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 3914); (H) any domestic content procurement preference included in an appropriations Act; and (I) any other domestic content procurement preference in Federal law (including regulations); (3) provide details on any applicable domestic content procurement preference requirement, including the purpose, scope, applicability, and any exceptions and waivers issued under the requirement; and (4) include a description of the type of infrastructure projects that receive funding under the program, including information relating to-- (A) the number of entities that are participating in the program; (B) the amount of Federal funds that are made available for the program for each fiscal year; and (C) any other information the head of the Federal agency determines to be relevant. (c) List of Deficient Programs.--In the report under subsection (a), the head of each Federal agency shall include a list of Federal financial assistance programs for infrastructure identified under that subsection for which a domestic content procurement preference requirement-- (1) does not apply; or (2) is subject to a waiver of general applicability not limited to the use of specific products for use in a specific project. SEC. 5. APPLICATION OF BUY AMERICA PREFERENCE. (a) In General.--Not later than 180 days after the date of enactment of this Act, the head of each Federal agency shall ensure that none of the funds made available for a Federal financial assistance program for infrastructure, including each deficient program, may be used for a project unless all of the iron, steel, and manufactured products used in the project are produced in the United States. (b) Waiver.--The head of a Federal agency that applies a domestic content procurement preference under this section may waive the application of that preference in any case in which the head of the Federal agency finds that-- (1) applying the domestic content procurement preference would be inconsistent with the public interest; (2) types of iron, steel, or manufactured products are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or (3) the inclusion of iron, steel, or manufactured products produced in the United States will increase the cost of the overall project by more than 25 percent. (c) Written Justification.--Before issuing a waiver under subsection (b), the head of the Federal agency shall-- (1) publish in the Federal Register and make publicly available in an easily accessible location on the website of the Federal agency a detailed written explanation for the proposed determination to issue the waiver; and (2) provide a reasonable period for public comment on the proposed waiver. (d) Prohibition on Waivers of General Applicability.--A waiver issued under subsection (b) shall be limited to the use of specific products for use in a specific project. (e) Consistency With International Agreements.--This section shall be applied in a manner consistent with United States obligations under international agreements. SEC. 6. OMB GUIDANCE. The Director of the Office of Management and Budget shall-- (1) issue guidance to the head of each Federal agency-- (A) to assist in identifying deficient programs under section 4(c); and (B) to assist in applying new domestic content procurement preferences under section 5; and (2) if necessary, amend subtitle A of title 2, Code of Federal Regulations (or successor regulations), to ensure that domestic content procurement preference requirements required by this Act or other Federal law are imposed through the terms and conditions of awards of Federal financial assistance. SEC. 7. APPLICATION. (a) In General.--This Act shall apply to a Federal financial assistance program for infrastructure only to the extent that a domestic content procurement preference as described in section 5 does not already apply to iron, steel, and manufactured products. (b) Savings Provision.--Nothing in this Act affects a domestic content procurement preference for a Federal financial assistance program for infrastructure that is in effect and that meets the requirements of section 5. <all>

Build America, Buy America Act

To ensure that certain Federal infrastructure programs require the use of materials produced in the United States, and for other purposes.

Build America, Buy America Act

Rep. Ryan, Tim

D

OH

This bill requires federal infrastructure programs to provide for the use of materials produced in the United States. Each federal agency must submit to the Office of Management and Budget and to Congress a report that identifies each federal financial assistance program for infrastructure administered by the agency and (1) identify domestic content procurement preferences applicable to the assistance, (2) assess the applicability of such requirements, (3) provide details on any applicable domestic content procurement preference requirement, and (4) include a description of the type of infrastructure projects that receive funding under the program. Each agency shall ensure that none of the funds made available for such a program may be used for a project unless all of the iron, steel, and manufactured products used in the project are produced in the United States, subject to waivers where inconsistent with the public interest, where not produced in sufficient quantities or satisfactory quality, or where such inclusion will increase the cost of the project by more than 25%.

This Act may be cited as the ``Build America, Buy America Act''. 2. (2) Domestic content procurement preference.--The term ``domestic content procurement preference'' means a requirement that no amounts made available through a program for Federal financial assistance may be obligated for a project unless-- (A) all iron and steel used in the project are produced in the United States; or (B) the manufactured products used in the project are produced in the United States. (3) Federal agency.--The term ``Federal agency'' has the meaning given the term ``agency'' in section 552(f) of title 5, United States Code. (5) Infrastructure.--The term ``infrastructure'' includes, at a minimum, the structures, facilities, and equipment for, in the United States-- (A) roads, highways, and bridges; (B) public transportation; (C) dams, ports, harbors, and other maritime facilities; (D) intercity passenger and freight railroads; (E) freight and intermodal facilities; (F) airports; (G) water systems, including drinking water and wastewater systems; (H) electrical transmission facilities and systems; (I) utilities; (J) broadband infrastructure; and (K) buildings and real property. 4. IDENTIFICATION OF DEFICIENT PROGRAMS. (a) In General.--Not later than 60 days after the date of enactment of this Act, the head of each Federal agency shall-- (1) submit to the Office of Management and Budget and to Congress, including a separate notice to each appropriate congressional committee, a report that identifies each Federal financial assistance program for infrastructure administered by the Federal agency; and (2) publish in the Federal Register the report under paragraph (1). 300j-12(a)(4)); (G) section 5035 of the Water Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. (d) Prohibition on Waivers of General Applicability.--A waiver issued under subsection (b) shall be limited to the use of specific products for use in a specific project. (e) Consistency With International Agreements.--This section shall be applied in a manner consistent with United States obligations under international agreements. 6. OMB GUIDANCE. SEC. 7. APPLICATION.

This Act may be cited as the ``Build America, Buy America Act''. 2. (2) Domestic content procurement preference.--The term ``domestic content procurement preference'' means a requirement that no amounts made available through a program for Federal financial assistance may be obligated for a project unless-- (A) all iron and steel used in the project are produced in the United States; or (B) the manufactured products used in the project are produced in the United States. (3) Federal agency.--The term ``Federal agency'' has the meaning given the term ``agency'' in section 552(f) of title 5, United States Code. (5) Infrastructure.--The term ``infrastructure'' includes, at a minimum, the structures, facilities, and equipment for, in the United States-- (A) roads, highways, and bridges; (B) public transportation; (C) dams, ports, harbors, and other maritime facilities; (D) intercity passenger and freight railroads; (E) freight and intermodal facilities; (F) airports; (G) water systems, including drinking water and wastewater systems; (H) electrical transmission facilities and systems; (I) utilities; (J) broadband infrastructure; and (K) buildings and real property. 4. IDENTIFICATION OF DEFICIENT PROGRAMS. (a) In General.--Not later than 60 days after the date of enactment of this Act, the head of each Federal agency shall-- (1) submit to the Office of Management and Budget and to Congress, including a separate notice to each appropriate congressional committee, a report that identifies each Federal financial assistance program for infrastructure administered by the Federal agency; and (2) publish in the Federal Register the report under paragraph (1). 300j-12(a)(4)); (G) section 5035 of the Water Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. (d) Prohibition on Waivers of General Applicability.--A waiver issued under subsection (b) shall be limited to the use of specific products for use in a specific project. (e) Consistency With International Agreements.--This section shall be applied in a manner consistent with United States obligations under international agreements. 6. OMB GUIDANCE. SEC. 7. APPLICATION.

This Act may be cited as the ``Build America, Buy America Act''. 2. (2) Domestic content procurement preference.--The term ``domestic content procurement preference'' means a requirement that no amounts made available through a program for Federal financial assistance may be obligated for a project unless-- (A) all iron and steel used in the project are produced in the United States; or (B) the manufactured products used in the project are produced in the United States. (3) Federal agency.--The term ``Federal agency'' has the meaning given the term ``agency'' in section 552(f) of title 5, United States Code. (5) Infrastructure.--The term ``infrastructure'' includes, at a minimum, the structures, facilities, and equipment for, in the United States-- (A) roads, highways, and bridges; (B) public transportation; (C) dams, ports, harbors, and other maritime facilities; (D) intercity passenger and freight railroads; (E) freight and intermodal facilities; (F) airports; (G) water systems, including drinking water and wastewater systems; (H) electrical transmission facilities and systems; (I) utilities; (J) broadband infrastructure; and (K) buildings and real property. 4. IDENTIFICATION OF DEFICIENT PROGRAMS. (a) In General.--Not later than 60 days after the date of enactment of this Act, the head of each Federal agency shall-- (1) submit to the Office of Management and Budget and to Congress, including a separate notice to each appropriate congressional committee, a report that identifies each Federal financial assistance program for infrastructure administered by the Federal agency; and (2) publish in the Federal Register the report under paragraph (1). 300j-12(a)(4)); (G) section 5035 of the Water Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. (d) Prohibition on Waivers of General Applicability.--A waiver issued under subsection (b) shall be limited to the use of specific products for use in a specific project. (e) Consistency With International Agreements.--This section shall be applied in a manner consistent with United States obligations under international agreements. 6. OMB GUIDANCE. SEC. 7. APPLICATION.

To ensure that certain Federal infrastructure programs require the use of materials produced in the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Build America, Buy America Act''. 2. FINDINGS. Congress finds that-- (1) the United States must make significant investments to install, upgrade, or replace the public works infrastructure of the United States; (2) with respect to investments in the infrastructure of the United States, taxpayers expect that their public works infrastructure will be produced in the United States by American workers; (3) United States taxpayer dollars invested in public infrastructure should not be used to reward companies that have moved their operations, investment dollars, and jobs to foreign countries or foreign factories, particularly those that do not share or openly flout the commitments of the United States to environmental, worker, and workplace safety protections; (4) in procuring materials for public works projects, entities using taxpayer-financed Federal assistance should give a commonsense procurement preference for the materials and products produced by companies and workers in the United States in accordance with the high ideals embodied in the environmental, worker, workplace safety, and other regulatory requirements of the United States; (5) the benefits of domestic content preferences extend beyond economics; (6) by incentivizing domestic manufacturing, domestic content preferences reinvest tax dollars in companies and processes using the highest labor and environmental standards in the world; (7) strong domestic content preference policies act to prevent shifts in production to countries that rely on production practices that are significantly less energy efficient and far more polluting than those in the United States; (8) for over 75 years, Buy America and other domestic preference laws have been part of the United States procurement policy, ensuring that the United States can build and rebuild the infrastructure of the United States with high-quality American-made materials; (9) Buy America laws create demand for domestically produced goods, helping to sustain and grow domestic manufacturing and the millions of jobs domestic manufacturing supports throughout product supply chains; (10) as of the date of enactment of this Act, domestic procurement preference policies apply to all Federal Government procurement and to various Federal-aid infrastructure programs; (11) a robust domestic manufacturing sector is a vital component of the national security of the United States; (12) as more manufacturing operations of the United States have moved offshore, the strength and readiness of the defense industrial base of the United States has been diminished; and (13) domestic procurement preference laws-- (A) are fully consistent with the international obligations of the United States; and (B) together with the government procurements to which the laws apply, are important levers for ensuring that United States manufacturers can access the government procurement markets of the trading partners of the United States. DEFINITIONS. (2) Domestic content procurement preference.--The term ``domestic content procurement preference'' means a requirement that no amounts made available through a program for Federal financial assistance may be obligated for a project unless-- (A) all iron and steel used in the project are produced in the United States; or (B) the manufactured products used in the project are produced in the United States. (3) Federal agency.--The term ``Federal agency'' has the meaning given the term ``agency'' in section 552(f) of title 5, United States Code. (4) Federal financial assistance.-- (A) In general.--The term ``Federal financial assistance'' has the meaning given the term in section 200.40 of title 2, Code of Federal Regulations (or successor regulations). (5) Infrastructure.--The term ``infrastructure'' includes, at a minimum, the structures, facilities, and equipment for, in the United States-- (A) roads, highways, and bridges; (B) public transportation; (C) dams, ports, harbors, and other maritime facilities; (D) intercity passenger and freight railroads; (E) freight and intermodal facilities; (F) airports; (G) water systems, including drinking water and wastewater systems; (H) electrical transmission facilities and systems; (I) utilities; (J) broadband infrastructure; and (K) buildings and real property. 4. IDENTIFICATION OF DEFICIENT PROGRAMS. (a) In General.--Not later than 60 days after the date of enactment of this Act, the head of each Federal agency shall-- (1) submit to the Office of Management and Budget and to Congress, including a separate notice to each appropriate congressional committee, a report that identifies each Federal financial assistance program for infrastructure administered by the Federal agency; and (2) publish in the Federal Register the report under paragraph (1). 300j-12(a)(4)); (G) section 5035 of the Water Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. (c) Written Justification.--Before issuing a waiver under subsection (b), the head of the Federal agency shall-- (1) publish in the Federal Register and make publicly available in an easily accessible location on the website of the Federal agency a detailed written explanation for the proposed determination to issue the waiver; and (2) provide a reasonable period for public comment on the proposed waiver. (d) Prohibition on Waivers of General Applicability.--A waiver issued under subsection (b) shall be limited to the use of specific products for use in a specific project. (e) Consistency With International Agreements.--This section shall be applied in a manner consistent with United States obligations under international agreements. 6. OMB GUIDANCE. SEC. 7. APPLICATION.

To ensure that certain Federal infrastructure programs require the use of materials produced in the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. In this Act: (1) Deficient program.--The term ``deficient program'' means a program identified by the head of a Federal agency under section 4(c). ( 4) Federal financial assistance.-- (A) In general.--The term ``Federal financial assistance'' has the meaning given the term in section 200.40 of title 2, Code of Federal Regulations (or successor regulations). ( (6) Produced in the united states.--The term ``produced in the United States'' means, in the case of iron or steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. ( 7) Project.--The term ``project'' means the construction, alteration, maintenance, or repair of infrastructure in the United States. c) List of Deficient Programs.--In the report under subsection (a), the head of each Federal agency shall include a list of Federal financial assistance programs for infrastructure identified under that subsection for which a domestic content procurement preference requirement-- (1) does not apply; or (2) is subject to a waiver of general applicability not limited to the use of specific products for use in a specific project. APPLICATION OF BUY AMERICA PREFERENCE. (a) In General.--Not later than 180 days after the date of enactment of this Act, the head of each Federal agency shall ensure that none of the funds made available for a Federal financial assistance program for infrastructure, including each deficient program, may be used for a project unless all of the iron, steel, and manufactured products used in the project are produced in the United States. ( c) Written Justification.--Before issuing a waiver under subsection (b), the head of the Federal agency shall-- (1) publish in the Federal Register and make publicly available in an easily accessible location on the website of the Federal agency a detailed written explanation for the proposed determination to issue the waiver; and (2) provide a reasonable period for public comment on the proposed waiver. (d) Prohibition on Waivers of General Applicability.--A waiver issued under subsection (b) shall be limited to the use of specific products for use in a specific project. ( The Director of the Office of Management and Budget shall-- (1) issue guidance to the head of each Federal agency-- (A) to assist in identifying deficient programs under section 4(c); and (B) to assist in applying new domestic content procurement preferences under section 5; and (2) if necessary, amend subtitle A of title 2, Code of Federal Regulations (or successor regulations), to ensure that domestic content procurement preference requirements required by this Act or other Federal law are imposed through the terms and conditions of awards of Federal financial assistance.

To ensure that certain Federal infrastructure programs require the use of materials produced in the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. In this Act: (1) Deficient program.--The term ``deficient program'' means a program identified by the head of a Federal agency under section 4(c). ( 7) Project.--The term ``project'' means the construction, alteration, maintenance, or repair of infrastructure in the United States. (a) In General.--Not later than 60 days after the date of enactment of this Act, the head of each Federal agency shall-- (1) submit to the Office of Management and Budget and to Congress, including a separate notice to each appropriate congressional committee, a report that identifies each Federal financial assistance program for infrastructure administered by the Federal agency; and (2) publish in the Federal Register the report under paragraph (1). ( (c) List of Deficient Programs.--In the report under subsection (a), the head of each Federal agency shall include a list of Federal financial assistance programs for infrastructure identified under that subsection for which a domestic content procurement preference requirement-- (1) does not apply; or (2) is subject to a waiver of general applicability not limited to the use of specific products for use in a specific project. a) In General.--Not later than 180 days after the date of enactment of this Act, the head of each Federal agency shall ensure that none of the funds made available for a Federal financial assistance program for infrastructure, including each deficient program, may be used for a project unless all of the iron, steel, and manufactured products used in the project are produced in the United States. ( The Director of the Office of Management and Budget shall-- (1) issue guidance to the head of each Federal agency-- (A) to assist in identifying deficient programs under section 4(c); and (B) to assist in applying new domestic content procurement preferences under section 5; and (2) if necessary, amend subtitle A of title 2, Code of Federal Regulations (or successor regulations), to ensure that domestic content procurement preference requirements required by this Act or other Federal law are imposed through the terms and conditions of awards of Federal financial assistance. a) In General.--This Act shall apply to a Federal financial assistance program for infrastructure only to the extent that a domestic content procurement preference as described in section 5 does not already apply to iron, steel, and manufactured products. (

To ensure that certain Federal infrastructure programs require the use of materials produced in the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. In this Act: (1) Deficient program.--The term ``deficient program'' means a program identified by the head of a Federal agency under section 4(c). ( 7) Project.--The term ``project'' means the construction, alteration, maintenance, or repair of infrastructure in the United States. (a) In General.--Not later than 60 days after the date of enactment of this Act, the head of each Federal agency shall-- (1) submit to the Office of Management and Budget and to Congress, including a separate notice to each appropriate congressional committee, a report that identifies each Federal financial assistance program for infrastructure administered by the Federal agency; and (2) publish in the Federal Register the report under paragraph (1). ( (c) List of Deficient Programs.--In the report under subsection (a), the head of each Federal agency shall include a list of Federal financial assistance programs for infrastructure identified under that subsection for which a domestic content procurement preference requirement-- (1) does not apply; or (2) is subject to a waiver of general applicability not limited to the use of specific products for use in a specific project. a) In General.--Not later than 180 days after the date of enactment of this Act, the head of each Federal agency shall ensure that none of the funds made available for a Federal financial assistance program for infrastructure, including each deficient program, may be used for a project unless all of the iron, steel, and manufactured products used in the project are produced in the United States. ( The Director of the Office of Management and Budget shall-- (1) issue guidance to the head of each Federal agency-- (A) to assist in identifying deficient programs under section 4(c); and (B) to assist in applying new domestic content procurement preferences under section 5; and (2) if necessary, amend subtitle A of title 2, Code of Federal Regulations (or successor regulations), to ensure that domestic content procurement preference requirements required by this Act or other Federal law are imposed through the terms and conditions of awards of Federal financial assistance. a) In General.--This Act shall apply to a Federal financial assistance program for infrastructure only to the extent that a domestic content procurement preference as described in section 5 does not already apply to iron, steel, and manufactured products. (

To ensure that certain Federal infrastructure programs require the use of materials produced in the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. In this Act: (1) Deficient program.--The term ``deficient program'' means a program identified by the head of a Federal agency under section 4(c). ( 4) Federal financial assistance.-- (A) In general.--The term ``Federal financial assistance'' has the meaning given the term in section 200.40 of title 2, Code of Federal Regulations (or successor regulations). ( (6) Produced in the united states.--The term ``produced in the United States'' means, in the case of iron or steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. ( 7) Project.--The term ``project'' means the construction, alteration, maintenance, or repair of infrastructure in the United States. c) List of Deficient Programs.--In the report under subsection (a), the head of each Federal agency shall include a list of Federal financial assistance programs for infrastructure identified under that subsection for which a domestic content procurement preference requirement-- (1) does not apply; or (2) is subject to a waiver of general applicability not limited to the use of specific products for use in a specific project. APPLICATION OF BUY AMERICA PREFERENCE. (a) In General.--Not later than 180 days after the date of enactment of this Act, the head of each Federal agency shall ensure that none of the funds made available for a Federal financial assistance program for infrastructure, including each deficient program, may be used for a project unless all of the iron, steel, and manufactured products used in the project are produced in the United States. ( c) Written Justification.--Before issuing a waiver under subsection (b), the head of the Federal agency shall-- (1) publish in the Federal Register and make publicly available in an easily accessible location on the website of the Federal agency a detailed written explanation for the proposed determination to issue the waiver; and (2) provide a reasonable period for public comment on the proposed waiver. (d) Prohibition on Waivers of General Applicability.--A waiver issued under subsection (b) shall be limited to the use of specific products for use in a specific project. ( The Director of the Office of Management and Budget shall-- (1) issue guidance to the head of each Federal agency-- (A) to assist in identifying deficient programs under section 4(c); and (B) to assist in applying new domestic content procurement preferences under section 5; and (2) if necessary, amend subtitle A of title 2, Code of Federal Regulations (or successor regulations), to ensure that domestic content procurement preference requirements required by this Act or other Federal law are imposed through the terms and conditions of awards of Federal financial assistance.

To ensure that certain Federal infrastructure programs require the use of materials produced in the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. In this Act: (1) Deficient program.--The term ``deficient program'' means a program identified by the head of a Federal agency under section 4(c). ( 7) Project.--The term ``project'' means the construction, alteration, maintenance, or repair of infrastructure in the United States. (a) In General.--Not later than 60 days after the date of enactment of this Act, the head of each Federal agency shall-- (1) submit to the Office of Management and Budget and to Congress, including a separate notice to each appropriate congressional committee, a report that identifies each Federal financial assistance program for infrastructure administered by the Federal agency; and (2) publish in the Federal Register the report under paragraph (1). ( (c) List of Deficient Programs.--In the report under subsection (a), the head of each Federal agency shall include a list of Federal financial assistance programs for infrastructure identified under that subsection for which a domestic content procurement preference requirement-- (1) does not apply; or (2) is subject to a waiver of general applicability not limited to the use of specific products for use in a specific project. a) In General.--Not later than 180 days after the date of enactment of this Act, the head of each Federal agency shall ensure that none of the funds made available for a Federal financial assistance program for infrastructure, including each deficient program, may be used for a project unless all of the iron, steel, and manufactured products used in the project are produced in the United States. ( The Director of the Office of Management and Budget shall-- (1) issue guidance to the head of each Federal agency-- (A) to assist in identifying deficient programs under section 4(c); and (B) to assist in applying new domestic content procurement preferences under section 5; and (2) if necessary, amend subtitle A of title 2, Code of Federal Regulations (or successor regulations), to ensure that domestic content procurement preference requirements required by this Act or other Federal law are imposed through the terms and conditions of awards of Federal financial assistance. a) In General.--This Act shall apply to a Federal financial assistance program for infrastructure only to the extent that a domestic content procurement preference as described in section 5 does not already apply to iron, steel, and manufactured products. (

To ensure that certain Federal infrastructure programs require the use of materials produced in the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. In this Act: (1) Deficient program.--The term ``deficient program'' means a program identified by the head of a Federal agency under section 4(c). ( 4) Federal financial assistance.-- (A) In general.--The term ``Federal financial assistance'' has the meaning given the term in section 200.40 of title 2, Code of Federal Regulations (or successor regulations). ( (6) Produced in the united states.--The term ``produced in the United States'' means, in the case of iron or steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. ( 7) Project.--The term ``project'' means the construction, alteration, maintenance, or repair of infrastructure in the United States. c) List of Deficient Programs.--In the report under subsection (a), the head of each Federal agency shall include a list of Federal financial assistance programs for infrastructure identified under that subsection for which a domestic content procurement preference requirement-- (1) does not apply; or (2) is subject to a waiver of general applicability not limited to the use of specific products for use in a specific project. APPLICATION OF BUY AMERICA PREFERENCE. (a) In General.--Not later than 180 days after the date of enactment of this Act, the head of each Federal agency shall ensure that none of the funds made available for a Federal financial assistance program for infrastructure, including each deficient program, may be used for a project unless all of the iron, steel, and manufactured products used in the project are produced in the United States. ( c) Written Justification.--Before issuing a waiver under subsection (b), the head of the Federal agency shall-- (1) publish in the Federal Register and make publicly available in an easily accessible location on the website of the Federal agency a detailed written explanation for the proposed determination to issue the waiver; and (2) provide a reasonable period for public comment on the proposed waiver. (d) Prohibition on Waivers of General Applicability.--A waiver issued under subsection (b) shall be limited to the use of specific products for use in a specific project. ( The Director of the Office of Management and Budget shall-- (1) issue guidance to the head of each Federal agency-- (A) to assist in identifying deficient programs under section 4(c); and (B) to assist in applying new domestic content procurement preferences under section 5; and (2) if necessary, amend subtitle A of title 2, Code of Federal Regulations (or successor regulations), to ensure that domestic content procurement preference requirements required by this Act or other Federal law are imposed through the terms and conditions of awards of Federal financial assistance.

To ensure that certain Federal infrastructure programs require the use of materials produced in the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. In this Act: (1) Deficient program.--The term ``deficient program'' means a program identified by the head of a Federal agency under section 4(c). ( 7) Project.--The term ``project'' means the construction, alteration, maintenance, or repair of infrastructure in the United States. (a) In General.--Not later than 60 days after the date of enactment of this Act, the head of each Federal agency shall-- (1) submit to the Office of Management and Budget and to Congress, including a separate notice to each appropriate congressional committee, a report that identifies each Federal financial assistance program for infrastructure administered by the Federal agency; and (2) publish in the Federal Register the report under paragraph (1). ( (c) List of Deficient Programs.--In the report under subsection (a), the head of each Federal agency shall include a list of Federal financial assistance programs for infrastructure identified under that subsection for which a domestic content procurement preference requirement-- (1) does not apply; or (2) is subject to a waiver of general applicability not limited to the use of specific products for use in a specific project. a) In General.--Not later than 180 days after the date of enactment of this Act, the head of each Federal agency shall ensure that none of the funds made available for a Federal financial assistance program for infrastructure, including each deficient program, may be used for a project unless all of the iron, steel, and manufactured products used in the project are produced in the United States. ( The Director of the Office of Management and Budget shall-- (1) issue guidance to the head of each Federal agency-- (A) to assist in identifying deficient programs under section 4(c); and (B) to assist in applying new domestic content procurement preferences under section 5; and (2) if necessary, amend subtitle A of title 2, Code of Federal Regulations (or successor regulations), to ensure that domestic content procurement preference requirements required by this Act or other Federal law are imposed through the terms and conditions of awards of Federal financial assistance. a) In General.--This Act shall apply to a Federal financial assistance program for infrastructure only to the extent that a domestic content procurement preference as described in section 5 does not already apply to iron, steel, and manufactured products. (

To ensure that certain Federal infrastructure programs require the use of materials produced in the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. In this Act: (1) Deficient program.--The term ``deficient program'' means a program identified by the head of a Federal agency under section 4(c). ( 4) Federal financial assistance.-- (A) In general.--The term ``Federal financial assistance'' has the meaning given the term in section 200.40 of title 2, Code of Federal Regulations (or successor regulations). ( (6) Produced in the united states.--The term ``produced in the United States'' means, in the case of iron or steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. ( 7) Project.--The term ``project'' means the construction, alteration, maintenance, or repair of infrastructure in the United States. c) List of Deficient Programs.--In the report under subsection (a), the head of each Federal agency shall include a list of Federal financial assistance programs for infrastructure identified under that subsection for which a domestic content procurement preference requirement-- (1) does not apply; or (2) is subject to a waiver of general applicability not limited to the use of specific products for use in a specific project. APPLICATION OF BUY AMERICA PREFERENCE. (a) In General.--Not later than 180 days after the date of enactment of this Act, the head of each Federal agency shall ensure that none of the funds made available for a Federal financial assistance program for infrastructure, including each deficient program, may be used for a project unless all of the iron, steel, and manufactured products used in the project are produced in the United States. ( c) Written Justification.--Before issuing a waiver under subsection (b), the head of the Federal agency shall-- (1) publish in the Federal Register and make publicly available in an easily accessible location on the website of the Federal agency a detailed written explanation for the proposed determination to issue the waiver; and (2) provide a reasonable period for public comment on the proposed waiver. (d) Prohibition on Waivers of General Applicability.--A waiver issued under subsection (b) shall be limited to the use of specific products for use in a specific project. ( The Director of the Office of Management and Budget shall-- (1) issue guidance to the head of each Federal agency-- (A) to assist in identifying deficient programs under section 4(c); and (B) to assist in applying new domestic content procurement preferences under section 5; and (2) if necessary, amend subtitle A of title 2, Code of Federal Regulations (or successor regulations), to ensure that domestic content procurement preference requirements required by this Act or other Federal law are imposed through the terms and conditions of awards of Federal financial assistance.

To ensure that certain Federal infrastructure programs require the use of materials produced in the United States, and for other purposes. a) In General.--Not later than 60 days after the date of enactment of this Act, the head of each Federal agency shall-- (1) submit to the Office of Management and Budget and to Congress, including a separate notice to each appropriate congressional committee, a report that identifies each Federal financial assistance program for infrastructure administered by the Federal agency; and (2) publish in the Federal Register the report under paragraph (1). ( ( ( The Director of the Office of Management and Budget shall-- (1) issue guidance to the head of each Federal agency-- (A) to assist in identifying deficient programs under section 4(c); and (B) to assist in applying new domestic content procurement preferences under section 5; and (2) if necessary, amend subtitle A of title 2, Code of Federal Regulations (or successor regulations), to ensure that domestic content procurement preference requirements required by this Act or other Federal law are imposed through the terms and conditions of awards of Federal financial assistance. a) In General.--This Act shall apply to a Federal financial assistance program for infrastructure only to the extent that a domestic content procurement preference as described in section 5 does not already apply to iron, steel, and manufactured products. (

To ensure that certain Federal infrastructure programs require the use of materials produced in the United States, and for other purposes. c) List of Deficient Programs.--In the report under subsection (a), the head of each Federal agency shall include a list of Federal financial assistance programs for infrastructure identified under that subsection for which a domestic content procurement preference requirement-- (1) does not apply; or (2) is subject to a waiver of general applicability not limited to the use of specific products for use in a specific project. (a) In General.--Not later than 180 days after the date of enactment of this Act, the head of each Federal agency shall ensure that none of the funds made available for a Federal financial assistance program for infrastructure, including each deficient program, may be used for a project unless all of the iron, steel, and manufactured products used in the project are produced in the United States. ( d) Prohibition on Waivers of General Applicability.--A waiver issued under subsection (b) shall be limited to the use of specific products for use in a specific project. ( The Director of the Office of Management and Budget shall-- (1) issue guidance to the head of each Federal agency-- (A) to assist in identifying deficient programs under section 4(c); and (B) to assist in applying new domestic content procurement preferences under section 5; and (2) if necessary, amend subtitle A of title 2, Code of Federal Regulations (or successor regulations), to ensure that domestic content procurement preference requirements required by this Act or other Federal law are imposed through the terms and conditions of awards of Federal financial assistance.

Build America, Buy America Act - Amends Federal procurement law to require all federal infrastructure projects to use materials and products produced in the United States. Requires the Secretary of the Treasury to establish a domestic content procurement preference program for all federal-aid infrastructure projects. Requires such a program to: (1) ensure that all iron and steel used in the project are produced in America; or ( Directs the head of each Federal agency to ensure that none of the funds made available for a Federal financial assistance program for infrastructure, including each deficient program, may be used for a project unless all of the iron, steel, and manufactured products used in the project are produced in the United States. (Sec. 5) Directs the Director of the Office of Management and Budget (OM

S.4018

Education

HBCU Research, Innovation, Security, and Excellence Act or the HBCU RISE Act This bill directs the Department of Defense (DOD) to establish a pilot program to increase capacity for historically Black colleges and universities (HBCUs) that are designated as high research activity status to achieve very high research activity status. High research activity status (known as R2 status) and very high research activity status (known as R1 status) are classifications by the Carnegie Classification of Institutions of Higher Education. In carrying out the pilot program, DOD must award grants for key areas of scientific research to HBCUs that are classified as high research activity status institutions. DOD may expand the program to other HBCUs beyond those that are classified as high research activity status if DOD determines that the program can support such an expansion. DOD must annually establish a list of key areas of scientific research for which grant applicants may seek funding.

To enable high research activity status historically Black colleges or universities to increase capacity toward achieving very high research activity status. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``HBCU Research, Innovation, Security, and Excellence Act'' or the ``HBCU RISE Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Historically Black colleges and universities hold a unique position in the efforts of the United States to diversify the science, technology, engineering, and mathematics academic and workforce communities. (2) Even though our Nation's historically Black colleges and universities make up just 3 percent of the colleges and universities in the United States, historically Black colleges and universities graduate 25 percent of African-American students with baccalaureate degrees in the fields of science, technology, engineering, and mathematics. (3) Historically Black colleges and universities are the institution of origin for almost 30 percent of Black graduates of science and engineering doctorate programs. (4) The health of the Department of Defense and the United States research ecosystem relies on high quality researchers from a diverse talent pool. (5) Historically Black colleges and universities have a history of conducting high quality research in unique areas, both providing impactful research outcomes and developing the next generation of the research ecosystem, such as by-- (A) conducting high quality research in unique areas that has enriched the Department of Defense research enterprise and the United States research ecosystem; (B) strengthening and diversifying the United States research ecosystem by increasing the number of students who are students of diverse backgrounds from historically Black colleges and universities with undergraduate or graduate degrees in science, technology, engineering, or mathematics; and (C) fueling domestic and international collaborations that led to trailblazing discoveries and innovative technologies. (6) In 2019, historically Black colleges and universities received $371,000,000, or about 0.8 percent of the $44,500,000,000 in Federal funding to institutions of higher education for research and development. The amount of funding for 2019 is a marked decrease from fiscal year 2018, when historically Black colleges and universities received $400,000,000 in Federal research and development funding (0.9 percent of the Federal funding to institutions of higher education for such purposes). (7) There are no historically Black colleges and universities designated as very high research activity status, as classified by the Carnegie Classification of Institutions of Higher Education. (8) Meaningfully investing in the research capacity of historically Black colleges and universities is an investment in our Nation's future and will help meet accelerating science, technology, engineering, and mathematics workforce demands and safeguard the national security interests of the United States. SEC. 3. PURPOSE. The purpose of the program established under this Act is to provide additional pathways needed for further increasing capacity at historically Black colleges and universities to achieve very high research activity status. SEC. 4. DEFINITIONS. In this Act: (1) High research activity status.--The term ``high research activity status'' means such status, as classified by the Carnegie Classification of Institutions of Higher Education. (2) Historically black college or university.--The term ``historically Black college or university'' has the meaning given the term ``part B institution'' under section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061). (3) Secretary.--The term ``Secretary'' means the Secretary of Defense. (4) Very high research activity status.--The term ``very high research activity status'' means such status, as classified by the Carnegie Classification of Institutions of Higher Education. (5) Very high research activity status indicators.--The term ``very high research activity status indicators'' means the categories used by the Carnegie Classification of Institutions of Higher Education to delineate which institutions have very high activity status. These include-- (A) annual expenditures in science and engineering; (B) per-capita (faculty member) expenditures in science and engineering; (C) annual expenditures in non-science and engineering fields; (D) per-capita (faculty member) expenditures in non-science and engineering fields; (E) doctorates awarded in science, technology, engineering, and mathematics fields; (F) doctorates awarded in social science fields; (G) doctorates awarded in the humanities; (H) doctorates awarded in other fields with a research emphasis; (I) total number of research staff including postdoctoral researchers; (J) other doctorate-holding non-faculty researchers in science and engineering and per-capita (faculty) number of doctorate-level research staff including post-doctoral researchers; and (K) other categories utilized to determine classification. SEC. 5. PROGRAM TO INCREASE CAPACITY TOWARD ACHIEVING VERY HIGH RESEARCH ACTIVITY STATUS AT HISTORICALLY BLACK COLLEGES OR UNIVERSITIES. (a) Program.--The Secretary shall establish and carry out, using funds made available for research activities, a pilot program to increase capacity at high research activity status (R2) historically Black colleges and universities toward achieving very high research activity status (R1) within a decade. In establishing such a pilot program, the Secretary may consider the recommendations pursuant to section 262 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 2362 note) and section 220 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81). (b) Grants.--In carrying out the program, the Secretary shall award grants for key areas of scientific research on a competitive, merit- reviewed basis to historically Black colleges or universities that are classified as high research activity status institutions at the time of application for such a grant. (c) Expansion of Eligibility.--The Secretary may expand the program to other historically Black colleges or universities beyond those historically Black colleges or universities classified as high research activity status if the Secretary determines that the program can support such an expansion while achieving the purpose of the program, as described in section 3. (d) Application.-- (1) In general.--To be eligible to receive a grant under this section, a historically Black college or university described in subsection (b) shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require. (2) Contents.--The application described in paragraph (1) shall include, at a minimum, a description of-- (A) nascent research capabilities and research areas of interest to the Department of Defense; (B) a plan for increasing the level of research activity toward achieving very high research activity status classification within a decade of the grant award, including measurable milestones such as growth in very high research activity status indicators and other relevant factors; (C) how the institution of higher education will sustain the increased level of research activity beyond the duration of the award; and (D) how the implementation of the proposed plan will be evaluated and assessed. (e) Program Components.-- (1) Strategic areas of scientific research.--In consultation with the Defense Science Board, the Secretary, or the Secretary's designee, shall establish annually a list of key areas of research for which applicants can seek funding. (2) Use of funds.--An institution that receives a grant under this section shall use the grant funds to support research activities, including-- (A) faculty professional development; (B) stipends for undergraduate and graduate students and post-doctoral scholars; (C) laboratory equipment and instrumentation; (D) recruitment and retention of faculty and graduate students; (E) communication and dissemination of products produced during the funding period; (F) construction, modernization, rehabilitation, or retrofitting of facilities for research purposes; and (G) other activities necessary to build capacity in research activity indicator areas. (3) Research assessment.--The Secretary, in partnership with the institution, shall provide criteria for assessing and evaluating progress related to the very high research activity indicators. (4) Research progress reporting.--An institution that receives a grant under this section shall submit to the Secretary a progress report and an updated plan described in subsection (d)(2)(B) not less than once every 3 years, which shall be based on a self-assessment of progress in advancing in very high research activity indicators. (5) Transition eligibility.--The Secretary may consider creating pathways for new historically Black colleges or universities to enter into the program under this section as participating institutions achieve very high research activity status. (f) Evaluation.--Not later than 5 years after the date of the enactment of this Act, the Secretary shall prepare and submit a report to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives providing an update on the pilot program, including-- (1) activities carried out under the pilot program; (2) an analysis of the growth in very high research activity status indicators of participating institutions; and (3) emerging research areas of interest to the Department of Defense conducted by participating institutions. (g) Termination.--The pilot program established under this section shall terminate 10 years after the date on which the Secretary establishes such program. (h) Report to Congress.--Not later than 180 days after the termination of the pilot program, the Secretary shall prepare and submit a report to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives on the pilot program. Such report shall include the following elements: (1) An analysis of the growth in very high research activity status indicators of participating institutions. (2) An evaluation on the effectiveness of the program in bolstering the research capacity of participating institutions. (3) An assessment on how institutions that have achieved very high research activity status plan to sustain that status beyond the duration of the program. (4) An evaluation of the effectiveness of the program to increase diversity of students conducting high quality research in unique areas. (5) Recommendations on further activities and investments necessary to elevate the research status of historically Black colleges and universities. (6) Recommendations on renewal or expansion of the program established under this section. <all>

HBCU RISE Act

A bill to enable high research activity status historically Black colleges or universities to increase capacity toward achieving very high research activity status.

HBCU RISE Act HBCU Research, Innovation, Security, and Excellence Act

Sen. Van Hollen, Chris

D

MD

This bill directs the Department of Defense (DOD) to establish a pilot program to increase capacity for historically Black colleges and universities (HBCUs) that are designated as high research activity status to achieve very high research activity status. High research activity status (known as R2 status) and very high research activity status (known as R1 status) are classifications by the Carnegie Classification of Institutions of Higher Education. In carrying out the pilot program, DOD must award grants for key areas of scientific research to HBCUs that are classified as high research activity status institutions. DOD may expand the program to other HBCUs beyond those that are classified as high research activity status if DOD determines that the program can support such an expansion. DOD must annually establish a list of key areas of scientific research for which grant applicants may seek funding.

To enable high research activity status historically Black colleges or universities to increase capacity toward achieving very high research activity status. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``HBCU Research, Innovation, Security, and Excellence Act'' or the ``HBCU RISE Act''. 2. FINDINGS. (4) The health of the Department of Defense and the United States research ecosystem relies on high quality researchers from a diverse talent pool. (6) In 2019, historically Black colleges and universities received $371,000,000, or about 0.8 percent of the $44,500,000,000 in Federal funding to institutions of higher education for research and development. PURPOSE. 4. DEFINITIONS. 1061). (3) Secretary.--The term ``Secretary'' means the Secretary of Defense. These include-- (A) annual expenditures in science and engineering; (B) per-capita (faculty member) expenditures in science and engineering; (C) annual expenditures in non-science and engineering fields; (D) per-capita (faculty member) expenditures in non-science and engineering fields; (E) doctorates awarded in science, technology, engineering, and mathematics fields; (F) doctorates awarded in social science fields; (G) doctorates awarded in the humanities; (H) doctorates awarded in other fields with a research emphasis; (I) total number of research staff including postdoctoral researchers; (J) other doctorate-holding non-faculty researchers in science and engineering and per-capita (faculty) number of doctorate-level research staff including post-doctoral researchers; and (K) other categories utilized to determine classification. SEC. 5. 2362 note) and section 220 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81). (4) Research progress reporting.--An institution that receives a grant under this section shall submit to the Secretary a progress report and an updated plan described in subsection (d)(2)(B) not less than once every 3 years, which shall be based on a self-assessment of progress in advancing in very high research activity indicators. (g) Termination.--The pilot program established under this section shall terminate 10 years after the date on which the Secretary establishes such program. (h) Report to Congress.--Not later than 180 days after the termination of the pilot program, the Secretary shall prepare and submit a report to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives on the pilot program. Such report shall include the following elements: (1) An analysis of the growth in very high research activity status indicators of participating institutions. (4) An evaluation of the effectiveness of the program to increase diversity of students conducting high quality research in unique areas. (6) Recommendations on renewal or expansion of the program established under this section.

To enable high research activity status historically Black colleges or universities to increase capacity toward achieving very high research activity status. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. This Act may be cited as the ``HBCU Research, Innovation, Security, and Excellence Act'' or the ``HBCU RISE Act''. 2. (6) In 2019, historically Black colleges and universities received $371,000,000, or about 0.8 percent of the $44,500,000,000 in Federal funding to institutions of higher education for research and development. PURPOSE. 4. (3) Secretary.--The term ``Secretary'' means the Secretary of Defense. These include-- (A) annual expenditures in science and engineering; (B) per-capita (faculty member) expenditures in science and engineering; (C) annual expenditures in non-science and engineering fields; (D) per-capita (faculty member) expenditures in non-science and engineering fields; (E) doctorates awarded in science, technology, engineering, and mathematics fields; (F) doctorates awarded in social science fields; (G) doctorates awarded in the humanities; (H) doctorates awarded in other fields with a research emphasis; (I) total number of research staff including postdoctoral researchers; (J) other doctorate-holding non-faculty researchers in science and engineering and per-capita (faculty) number of doctorate-level research staff including post-doctoral researchers; and (K) other categories utilized to determine classification. SEC. 5. (4) Research progress reporting.--An institution that receives a grant under this section shall submit to the Secretary a progress report and an updated plan described in subsection (d)(2)(B) not less than once every 3 years, which shall be based on a self-assessment of progress in advancing in very high research activity indicators. (g) Termination.--The pilot program established under this section shall terminate 10 years after the date on which the Secretary establishes such program. (h) Report to Congress.--Not later than 180 days after the termination of the pilot program, the Secretary shall prepare and submit a report to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives on the pilot program. (4) An evaluation of the effectiveness of the program to increase diversity of students conducting high quality research in unique areas.

To enable high research activity status historically Black colleges or universities to increase capacity toward achieving very high research activity status. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``HBCU Research, Innovation, Security, and Excellence Act'' or the ``HBCU RISE Act''. 2. FINDINGS. (4) The health of the Department of Defense and the United States research ecosystem relies on high quality researchers from a diverse talent pool. (6) In 2019, historically Black colleges and universities received $371,000,000, or about 0.8 percent of the $44,500,000,000 in Federal funding to institutions of higher education for research and development. (8) Meaningfully investing in the research capacity of historically Black colleges and universities is an investment in our Nation's future and will help meet accelerating science, technology, engineering, and mathematics workforce demands and safeguard the national security interests of the United States. PURPOSE. The purpose of the program established under this Act is to provide additional pathways needed for further increasing capacity at historically Black colleges and universities to achieve very high research activity status. 4. DEFINITIONS. 1061). (3) Secretary.--The term ``Secretary'' means the Secretary of Defense. These include-- (A) annual expenditures in science and engineering; (B) per-capita (faculty member) expenditures in science and engineering; (C) annual expenditures in non-science and engineering fields; (D) per-capita (faculty member) expenditures in non-science and engineering fields; (E) doctorates awarded in science, technology, engineering, and mathematics fields; (F) doctorates awarded in social science fields; (G) doctorates awarded in the humanities; (H) doctorates awarded in other fields with a research emphasis; (I) total number of research staff including postdoctoral researchers; (J) other doctorate-holding non-faculty researchers in science and engineering and per-capita (faculty) number of doctorate-level research staff including post-doctoral researchers; and (K) other categories utilized to determine classification. SEC. 5. 2362 note) and section 220 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81). (b) Grants.--In carrying out the program, the Secretary shall award grants for key areas of scientific research on a competitive, merit- reviewed basis to historically Black colleges or universities that are classified as high research activity status institutions at the time of application for such a grant. (e) Program Components.-- (1) Strategic areas of scientific research.--In consultation with the Defense Science Board, the Secretary, or the Secretary's designee, shall establish annually a list of key areas of research for which applicants can seek funding. (2) Use of funds.--An institution that receives a grant under this section shall use the grant funds to support research activities, including-- (A) faculty professional development; (B) stipends for undergraduate and graduate students and post-doctoral scholars; (C) laboratory equipment and instrumentation; (D) recruitment and retention of faculty and graduate students; (E) communication and dissemination of products produced during the funding period; (F) construction, modernization, rehabilitation, or retrofitting of facilities for research purposes; and (G) other activities necessary to build capacity in research activity indicator areas. (4) Research progress reporting.--An institution that receives a grant under this section shall submit to the Secretary a progress report and an updated plan described in subsection (d)(2)(B) not less than once every 3 years, which shall be based on a self-assessment of progress in advancing in very high research activity indicators. (g) Termination.--The pilot program established under this section shall terminate 10 years after the date on which the Secretary establishes such program. (h) Report to Congress.--Not later than 180 days after the termination of the pilot program, the Secretary shall prepare and submit a report to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives on the pilot program. Such report shall include the following elements: (1) An analysis of the growth in very high research activity status indicators of participating institutions. (3) An assessment on how institutions that have achieved very high research activity status plan to sustain that status beyond the duration of the program. (4) An evaluation of the effectiveness of the program to increase diversity of students conducting high quality research in unique areas. (6) Recommendations on renewal or expansion of the program established under this section.

To enable high research activity status historically Black colleges or universities to increase capacity toward achieving very high research activity status. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``HBCU Research, Innovation, Security, and Excellence Act'' or the ``HBCU RISE Act''. 2. FINDINGS. Congress finds the following: (1) Historically Black colleges and universities hold a unique position in the efforts of the United States to diversify the science, technology, engineering, and mathematics academic and workforce communities. (4) The health of the Department of Defense and the United States research ecosystem relies on high quality researchers from a diverse talent pool. (5) Historically Black colleges and universities have a history of conducting high quality research in unique areas, both providing impactful research outcomes and developing the next generation of the research ecosystem, such as by-- (A) conducting high quality research in unique areas that has enriched the Department of Defense research enterprise and the United States research ecosystem; (B) strengthening and diversifying the United States research ecosystem by increasing the number of students who are students of diverse backgrounds from historically Black colleges and universities with undergraduate or graduate degrees in science, technology, engineering, or mathematics; and (C) fueling domestic and international collaborations that led to trailblazing discoveries and innovative technologies. (6) In 2019, historically Black colleges and universities received $371,000,000, or about 0.8 percent of the $44,500,000,000 in Federal funding to institutions of higher education for research and development. (7) There are no historically Black colleges and universities designated as very high research activity status, as classified by the Carnegie Classification of Institutions of Higher Education. (8) Meaningfully investing in the research capacity of historically Black colleges and universities is an investment in our Nation's future and will help meet accelerating science, technology, engineering, and mathematics workforce demands and safeguard the national security interests of the United States. PURPOSE. The purpose of the program established under this Act is to provide additional pathways needed for further increasing capacity at historically Black colleges and universities to achieve very high research activity status. 4. DEFINITIONS. 1061). (3) Secretary.--The term ``Secretary'' means the Secretary of Defense. These include-- (A) annual expenditures in science and engineering; (B) per-capita (faculty member) expenditures in science and engineering; (C) annual expenditures in non-science and engineering fields; (D) per-capita (faculty member) expenditures in non-science and engineering fields; (E) doctorates awarded in science, technology, engineering, and mathematics fields; (F) doctorates awarded in social science fields; (G) doctorates awarded in the humanities; (H) doctorates awarded in other fields with a research emphasis; (I) total number of research staff including postdoctoral researchers; (J) other doctorate-holding non-faculty researchers in science and engineering and per-capita (faculty) number of doctorate-level research staff including post-doctoral researchers; and (K) other categories utilized to determine classification. SEC. 5. In establishing such a pilot program, the Secretary may consider the recommendations pursuant to section 262 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 2362 note) and section 220 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81). (b) Grants.--In carrying out the program, the Secretary shall award grants for key areas of scientific research on a competitive, merit- reviewed basis to historically Black colleges or universities that are classified as high research activity status institutions at the time of application for such a grant. (d) Application.-- (1) In general.--To be eligible to receive a grant under this section, a historically Black college or university described in subsection (b) shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require. (e) Program Components.-- (1) Strategic areas of scientific research.--In consultation with the Defense Science Board, the Secretary, or the Secretary's designee, shall establish annually a list of key areas of research for which applicants can seek funding. (2) Use of funds.--An institution that receives a grant under this section shall use the grant funds to support research activities, including-- (A) faculty professional development; (B) stipends for undergraduate and graduate students and post-doctoral scholars; (C) laboratory equipment and instrumentation; (D) recruitment and retention of faculty and graduate students; (E) communication and dissemination of products produced during the funding period; (F) construction, modernization, rehabilitation, or retrofitting of facilities for research purposes; and (G) other activities necessary to build capacity in research activity indicator areas. (4) Research progress reporting.--An institution that receives a grant under this section shall submit to the Secretary a progress report and an updated plan described in subsection (d)(2)(B) not less than once every 3 years, which shall be based on a self-assessment of progress in advancing in very high research activity indicators. (g) Termination.--The pilot program established under this section shall terminate 10 years after the date on which the Secretary establishes such program. (h) Report to Congress.--Not later than 180 days after the termination of the pilot program, the Secretary shall prepare and submit a report to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives on the pilot program. Such report shall include the following elements: (1) An analysis of the growth in very high research activity status indicators of participating institutions. (3) An assessment on how institutions that have achieved very high research activity status plan to sustain that status beyond the duration of the program. (4) An evaluation of the effectiveness of the program to increase diversity of students conducting high quality research in unique areas. (6) Recommendations on renewal or expansion of the program established under this section.

To enable high research activity status historically Black colleges or universities to increase capacity toward achieving very high research activity status. 2) Even though our Nation's historically Black colleges and universities make up just 3 percent of the colleges and universities in the United States, historically Black colleges and universities graduate 25 percent of African-American students with baccalaureate degrees in the fields of science, technology, engineering, and mathematics. ( 6) In 2019, historically Black colleges and universities received $371,000,000, or about 0.8 percent of the $44,500,000,000 in Federal funding to institutions of higher education for research and development. The amount of funding for 2019 is a marked decrease from fiscal year 2018, when historically Black colleges and universities received $400,000,000 in Federal research and development funding (0.9 percent of the Federal funding to institutions of higher education for such purposes). ( (8) Meaningfully investing in the research capacity of historically Black colleges and universities is an investment in our Nation's future and will help meet accelerating science, technology, engineering, and mathematics workforce demands and safeguard the national security interests of the United States. 4) Very high research activity status.--The term ``very high research activity status'' means such status, as classified by the Carnegie Classification of Institutions of Higher Education. ( PROGRAM TO INCREASE CAPACITY TOWARD ACHIEVING VERY HIGH RESEARCH ACTIVITY STATUS AT HISTORICALLY BLACK COLLEGES OR UNIVERSITIES. ( In establishing such a pilot program, the Secretary may consider the recommendations pursuant to section 262 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 2362 note) and section 220 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81). (b) Grants.--In carrying out the program, the Secretary shall award grants for key areas of scientific research on a competitive, merit- reviewed basis to historically Black colleges or universities that are classified as high research activity status institutions at the time of application for such a grant. ( c) Expansion of Eligibility.--The Secretary may expand the program to other historically Black colleges or universities beyond those historically Black colleges or universities classified as high research activity status if the Secretary determines that the program can support such an expansion while achieving the purpose of the program, as described in section 3. ( e) Program Components.-- (1) Strategic areas of scientific research.--In consultation with the Defense Science Board, the Secretary, or the Secretary's designee, shall establish annually a list of key areas of research for which applicants can seek funding. ( (3) Research assessment.--The Secretary, in partnership with the institution, shall provide criteria for assessing and evaluating progress related to the very high research activity indicators. ( f) Evaluation.--Not later than 5 years after the date of the enactment of this Act, the Secretary shall prepare and submit a report to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives providing an update on the pilot program, including-- (1) activities carried out under the pilot program; (2) an analysis of the growth in very high research activity status indicators of participating institutions; and (3) emerging research areas of interest to the Department of Defense conducted by participating institutions. ( (h) Report to Congress.--Not later than 180 days after the termination of the pilot program, the Secretary shall prepare and submit a report to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives on the pilot program. 2) An evaluation on the effectiveness of the program in bolstering the research capacity of participating institutions. (

To enable high research activity status historically Black colleges or universities to increase capacity toward achieving very high research activity status. 2) Even though our Nation's historically Black colleges and universities make up just 3 percent of the colleges and universities in the United States, historically Black colleges and universities graduate 25 percent of African-American students with baccalaureate degrees in the fields of science, technology, engineering, and mathematics. ( The amount of funding for 2019 is a marked decrease from fiscal year 2018, when historically Black colleges and universities received $400,000,000 in Federal research and development funding (0.9 percent of the Federal funding to institutions of higher education for such purposes). ( 4) Very high research activity status.--The term ``very high research activity status'' means such status, as classified by the Carnegie Classification of Institutions of Higher Education. ( PROGRAM TO INCREASE CAPACITY TOWARD ACHIEVING VERY HIGH RESEARCH ACTIVITY STATUS AT HISTORICALLY BLACK COLLEGES OR UNIVERSITIES. ( c) Expansion of Eligibility.--The Secretary may expand the program to other historically Black colleges or universities beyond those historically Black colleges or universities classified as high research activity status if the Secretary determines that the program can support such an expansion while achieving the purpose of the program, as described in section 3. (d) Application.-- (1) In general.--To be eligible to receive a grant under this section, a historically Black college or university described in subsection (b) shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require. ( 4) Research progress reporting.--An institution that receives a grant under this section shall submit to the Secretary a progress report and an updated plan described in subsection (d)(2)(B) not less than once every 3 years, which shall be based on a self-assessment of progress in advancing in very high research activity indicators. (5) Transition eligibility.--The Secretary may consider creating pathways for new historically Black colleges or universities to enter into the program under this section as participating institutions achieve very high research activity status. ( f) Evaluation.--Not later than 5 years after the date of the enactment of this Act, the Secretary shall prepare and submit a report to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives providing an update on the pilot program, including-- (1) activities carried out under the pilot program; (2) an analysis of the growth in very high research activity status indicators of participating institutions; and (3) emerging research areas of interest to the Department of Defense conducted by participating institutions. (

To enable high research activity status historically Black colleges or universities to increase capacity toward achieving very high research activity status. 2) Even though our Nation's historically Black colleges and universities make up just 3 percent of the colleges and universities in the United States, historically Black colleges and universities graduate 25 percent of African-American students with baccalaureate degrees in the fields of science, technology, engineering, and mathematics. ( The amount of funding for 2019 is a marked decrease from fiscal year 2018, when historically Black colleges and universities received $400,000,000 in Federal research and development funding (0.9 percent of the Federal funding to institutions of higher education for such purposes). ( 4) Very high research activity status.--The term ``very high research activity status'' means such status, as classified by the Carnegie Classification of Institutions of Higher Education. ( PROGRAM TO INCREASE CAPACITY TOWARD ACHIEVING VERY HIGH RESEARCH ACTIVITY STATUS AT HISTORICALLY BLACK COLLEGES OR UNIVERSITIES. ( c) Expansion of Eligibility.--The Secretary may expand the program to other historically Black colleges or universities beyond those historically Black colleges or universities classified as high research activity status if the Secretary determines that the program can support such an expansion while achieving the purpose of the program, as described in section 3. (d) Application.-- (1) In general.--To be eligible to receive a grant under this section, a historically Black college or university described in subsection (b) shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require. ( 4) Research progress reporting.--An institution that receives a grant under this section shall submit to the Secretary a progress report and an updated plan described in subsection (d)(2)(B) not less than once every 3 years, which shall be based on a self-assessment of progress in advancing in very high research activity indicators. (5) Transition eligibility.--The Secretary may consider creating pathways for new historically Black colleges or universities to enter into the program under this section as participating institutions achieve very high research activity status. ( f) Evaluation.--Not later than 5 years after the date of the enactment of this Act, the Secretary shall prepare and submit a report to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives providing an update on the pilot program, including-- (1) activities carried out under the pilot program; (2) an analysis of the growth in very high research activity status indicators of participating institutions; and (3) emerging research areas of interest to the Department of Defense conducted by participating institutions. (

To enable high research activity status historically Black colleges or universities to increase capacity toward achieving very high research activity status. 2) Even though our Nation's historically Black colleges and universities make up just 3 percent of the colleges and universities in the United States, historically Black colleges and universities graduate 25 percent of African-American students with baccalaureate degrees in the fields of science, technology, engineering, and mathematics. ( 6) In 2019, historically Black colleges and universities received $371,000,000, or about 0.8 percent of the $44,500,000,000 in Federal funding to institutions of higher education for research and development. The amount of funding for 2019 is a marked decrease from fiscal year 2018, when historically Black colleges and universities received $400,000,000 in Federal research and development funding (0.9 percent of the Federal funding to institutions of higher education for such purposes). ( (8) Meaningfully investing in the research capacity of historically Black colleges and universities is an investment in our Nation's future and will help meet accelerating science, technology, engineering, and mathematics workforce demands and safeguard the national security interests of the United States. 4) Very high research activity status.--The term ``very high research activity status'' means such status, as classified by the Carnegie Classification of Institutions of Higher Education. ( PROGRAM TO INCREASE CAPACITY TOWARD ACHIEVING VERY HIGH RESEARCH ACTIVITY STATUS AT HISTORICALLY BLACK COLLEGES OR UNIVERSITIES. ( In establishing such a pilot program, the Secretary may consider the recommendations pursuant to section 262 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 2362 note) and section 220 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81). (b) Grants.--In carrying out the program, the Secretary shall award grants for key areas of scientific research on a competitive, merit- reviewed basis to historically Black colleges or universities that are classified as high research activity status institutions at the time of application for such a grant. ( c) Expansion of Eligibility.--The Secretary may expand the program to other historically Black colleges or universities beyond those historically Black colleges or universities classified as high research activity status if the Secretary determines that the program can support such an expansion while achieving the purpose of the program, as described in section 3. ( e) Program Components.-- (1) Strategic areas of scientific research.--In consultation with the Defense Science Board, the Secretary, or the Secretary's designee, shall establish annually a list of key areas of research for which applicants can seek funding. ( (3) Research assessment.--The Secretary, in partnership with the institution, shall provide criteria for assessing and evaluating progress related to the very high research activity indicators. ( f) Evaluation.--Not later than 5 years after the date of the enactment of this Act, the Secretary shall prepare and submit a report to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives providing an update on the pilot program, including-- (1) activities carried out under the pilot program; (2) an analysis of the growth in very high research activity status indicators of participating institutions; and (3) emerging research areas of interest to the Department of Defense conducted by participating institutions. ( (h) Report to Congress.--Not later than 180 days after the termination of the pilot program, the Secretary shall prepare and submit a report to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives on the pilot program. 2) An evaluation on the effectiveness of the program in bolstering the research capacity of participating institutions. (

To enable high research activity status historically Black colleges or universities to increase capacity toward achieving very high research activity status. 2) Even though our Nation's historically Black colleges and universities make up just 3 percent of the colleges and universities in the United States, historically Black colleges and universities graduate 25 percent of African-American students with baccalaureate degrees in the fields of science, technology, engineering, and mathematics. ( The amount of funding for 2019 is a marked decrease from fiscal year 2018, when historically Black colleges and universities received $400,000,000 in Federal research and development funding (0.9 percent of the Federal funding to institutions of higher education for such purposes). ( 4) Very high research activity status.--The term ``very high research activity status'' means such status, as classified by the Carnegie Classification of Institutions of Higher Education. ( PROGRAM TO INCREASE CAPACITY TOWARD ACHIEVING VERY HIGH RESEARCH ACTIVITY STATUS AT HISTORICALLY BLACK COLLEGES OR UNIVERSITIES. ( c) Expansion of Eligibility.--The Secretary may expand the program to other historically Black colleges or universities beyond those historically Black colleges or universities classified as high research activity status if the Secretary determines that the program can support such an expansion while achieving the purpose of the program, as described in section 3. (d) Application.-- (1) In general.--To be eligible to receive a grant under this section, a historically Black college or university described in subsection (b) shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require. ( 4) Research progress reporting.--An institution that receives a grant under this section shall submit to the Secretary a progress report and an updated plan described in subsection (d)(2)(B) not less than once every 3 years, which shall be based on a self-assessment of progress in advancing in very high research activity indicators. (5) Transition eligibility.--The Secretary may consider creating pathways for new historically Black colleges or universities to enter into the program under this section as participating institutions achieve very high research activity status. ( f) Evaluation.--Not later than 5 years after the date of the enactment of this Act, the Secretary shall prepare and submit a report to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives providing an update on the pilot program, including-- (1) activities carried out under the pilot program; (2) an analysis of the growth in very high research activity status indicators of participating institutions; and (3) emerging research areas of interest to the Department of Defense conducted by participating institutions. (

To enable high research activity status historically Black colleges or universities to increase capacity toward achieving very high research activity status. 2) Even though our Nation's historically Black colleges and universities make up just 3 percent of the colleges and universities in the United States, historically Black colleges and universities graduate 25 percent of African-American students with baccalaureate degrees in the fields of science, technology, engineering, and mathematics. ( 6) In 2019, historically Black colleges and universities received $371,000,000, or about 0.8 percent of the $44,500,000,000 in Federal funding to institutions of higher education for research and development. The amount of funding for 2019 is a marked decrease from fiscal year 2018, when historically Black colleges and universities received $400,000,000 in Federal research and development funding (0.9 percent of the Federal funding to institutions of higher education for such purposes). ( (8) Meaningfully investing in the research capacity of historically Black colleges and universities is an investment in our Nation's future and will help meet accelerating science, technology, engineering, and mathematics workforce demands and safeguard the national security interests of the United States. 4) Very high research activity status.--The term ``very high research activity status'' means such status, as classified by the Carnegie Classification of Institutions of Higher Education. ( PROGRAM TO INCREASE CAPACITY TOWARD ACHIEVING VERY HIGH RESEARCH ACTIVITY STATUS AT HISTORICALLY BLACK COLLEGES OR UNIVERSITIES. ( In establishing such a pilot program, the Secretary may consider the recommendations pursuant to section 262 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 2362 note) and section 220 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81). (b) Grants.--In carrying out the program, the Secretary shall award grants for key areas of scientific research on a competitive, merit- reviewed basis to historically Black colleges or universities that are classified as high research activity status institutions at the time of application for such a grant. ( c) Expansion of Eligibility.--The Secretary may expand the program to other historically Black colleges or universities beyond those historically Black colleges or universities classified as high research activity status if the Secretary determines that the program can support such an expansion while achieving the purpose of the program, as described in section 3. ( e) Program Components.-- (1) Strategic areas of scientific research.--In consultation with the Defense Science Board, the Secretary, or the Secretary's designee, shall establish annually a list of key areas of research for which applicants can seek funding. ( (3) Research assessment.--The Secretary, in partnership with the institution, shall provide criteria for assessing and evaluating progress related to the very high research activity indicators. ( f) Evaluation.--Not later than 5 years after the date of the enactment of this Act, the Secretary shall prepare and submit a report to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives providing an update on the pilot program, including-- (1) activities carried out under the pilot program; (2) an analysis of the growth in very high research activity status indicators of participating institutions; and (3) emerging research areas of interest to the Department of Defense conducted by participating institutions. ( (h) Report to Congress.--Not later than 180 days after the termination of the pilot program, the Secretary shall prepare and submit a report to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives on the pilot program. 2) An evaluation on the effectiveness of the program in bolstering the research capacity of participating institutions. (

To enable high research activity status historically Black colleges or universities to increase capacity toward achieving very high research activity status. 2) Even though our Nation's historically Black colleges and universities make up just 3 percent of the colleges and universities in the United States, historically Black colleges and universities graduate 25 percent of African-American students with baccalaureate degrees in the fields of science, technology, engineering, and mathematics. ( The amount of funding for 2019 is a marked decrease from fiscal year 2018, when historically Black colleges and universities received $400,000,000 in Federal research and development funding (0.9 percent of the Federal funding to institutions of higher education for such purposes). ( 4) Very high research activity status.--The term ``very high research activity status'' means such status, as classified by the Carnegie Classification of Institutions of Higher Education. ( PROGRAM TO INCREASE CAPACITY TOWARD ACHIEVING VERY HIGH RESEARCH ACTIVITY STATUS AT HISTORICALLY BLACK COLLEGES OR UNIVERSITIES. ( c) Expansion of Eligibility.--The Secretary may expand the program to other historically Black colleges or universities beyond those historically Black colleges or universities classified as high research activity status if the Secretary determines that the program can support such an expansion while achieving the purpose of the program, as described in section 3. (d) Application.-- (1) In general.--To be eligible to receive a grant under this section, a historically Black college or university described in subsection (b) shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require. ( 4) Research progress reporting.--An institution that receives a grant under this section shall submit to the Secretary a progress report and an updated plan described in subsection (d)(2)(B) not less than once every 3 years, which shall be based on a self-assessment of progress in advancing in very high research activity indicators. (5) Transition eligibility.--The Secretary may consider creating pathways for new historically Black colleges or universities to enter into the program under this section as participating institutions achieve very high research activity status. ( f) Evaluation.--Not later than 5 years after the date of the enactment of this Act, the Secretary shall prepare and submit a report to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives providing an update on the pilot program, including-- (1) activities carried out under the pilot program; (2) an analysis of the growth in very high research activity status indicators of participating institutions; and (3) emerging research areas of interest to the Department of Defense conducted by participating institutions. (

To enable high research activity status historically Black colleges or universities to increase capacity toward achieving very high research activity status. 6) In 2019, historically Black colleges and universities received $371,000,000, or about 0.8 percent of the $44,500,000,000 in Federal funding to institutions of higher education for research and development. ( In establishing such a pilot program, the Secretary may consider the recommendations pursuant to section 262 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 2362 note) and section 220 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81). ( c) Expansion of Eligibility.--The Secretary may expand the program to other historically Black colleges or universities beyond those historically Black colleges or universities classified as high research activity status if the Secretary determines that the program can support such an expansion while achieving the purpose of the program, as described in section 3. ( ( f) Evaluation.--Not later than 5 years after the date of the enactment of this Act, the Secretary shall prepare and submit a report to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives providing an update on the pilot program, including-- (1) activities carried out under the pilot program; (2) an analysis of the growth in very high research activity status indicators of participating institutions; and (3) emerging research areas of interest to the Department of Defense conducted by participating institutions. ( ( h) Report to Congress.--Not later than 180 days after the termination of the pilot program, the Secretary shall prepare and submit a report to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives on the pilot program.

To enable high research activity status historically Black colleges or universities to increase capacity toward achieving very high research activity status. c) Expansion of Eligibility.--The Secretary may expand the program to other historically Black colleges or universities beyond those historically Black colleges or universities classified as high research activity status if the Secretary determines that the program can support such an expansion while achieving the purpose of the program, as described in section 3. ( ( f) Evaluation.--Not later than 5 years after the date of the enactment of this Act, the Secretary shall prepare and submit a report to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives providing an update on the pilot program, including-- (1) activities carried out under the pilot program; (2) an analysis of the growth in very high research activity status indicators of participating institutions; and (3) emerging research areas of interest to the Department of Defense conducted by participating institutions. (

To enable high research activity status historically Black colleges or universities to increase capacity toward achieving very high research activity status. 6) In 2019, historically Black colleges and universities received $371,000,000, or about 0.8 percent of the $44,500,000,000 in Federal funding to institutions of higher education for research and development. ( In establishing such a pilot program, the Secretary may consider the recommendations pursuant to section 262 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 2362 note) and section 220 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81). ( c) Expansion of Eligibility.--The Secretary may expand the program to other historically Black colleges or universities beyond those historically Black colleges or universities classified as high research activity status if the Secretary determines that the program can support such an expansion while achieving the purpose of the program, as described in section 3. ( ( f) Evaluation.--Not later than 5 years after the date of the enactment of this Act, the Secretary shall prepare and submit a report to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives providing an update on the pilot program, including-- (1) activities carried out under the pilot program; (2) an analysis of the growth in very high research activity status indicators of participating institutions; and (3) emerging research areas of interest to the Department of Defense conducted by participating institutions. ( ( h) Report to Congress.--Not later than 180 days after the termination of the pilot program, the Secretary shall prepare and submit a report to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives on the pilot program.

HBCU Research, Innovation, Security, and Excellence Act or the HBCU RISE Act This bill directs the Department of Defense (DOD) to establish a program to enable historically Black colleges and universities (HBCUs) to increase capacity toward achieving very high research activity status. The purpose of the program is to provide additional pathways needed for further increasing capacity at HBCUs Directs the Secretary of Defense to establish a pilot program to award grants to historically Black colleges and universities (IHEs) to increase the level of research activity toward achieving very high research activity status classification within a decade of the grant award. (Currently, IHEs are classified as low-income institutions.) (Sec. 3) Requires the Secretary to establish annually a list of key

H.R.2553

Finance and Financial Sector

Real Estate Valuation Fairness and Improvement Act of 2021 This bill establishes the Interagency Task Force on Real Estate Valuation to harmonize among specified agencies and entities the underwriting standards that govern residential and commercial real estate valuations. The task force must also study racial disparities in the valuation and price of certain residential real estate. The bill also establishes a grant program for states, nonprofit organizations, and institutions of higher education to promote diversity and inclusion in the appraisal profession.

To establish an interagency Task Force to analyze Federal collateral underwriting standards and guidance, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Real Estate Valuation Fairness and Improvement Act of 2021''. SEC. 2. FINDINGS. The Congress finds the following: (1) Two Federal agencies, the Federal Home Owners' Loan Corporation and the Federal Housing Administration played a major role in the development of the modern home mortgage origination industry. (2) Both Federal agencies explicitly considered the racial and ethnic make up of neighborhoods when underwriting loans and valuing the real estate to be used as home loan collateral. (3) Both agencies devalued property or refused to make loans secured by property in communities of color. (4) The harmful consequences of this discrimination remain unresolved. SEC. 3. REAL ESTATE VALUATION TASK FORCE. (a) Establishment.--The Appraisal Subcommittee of the Financial Institutions Examination Council shall facilitate the establishment and convening of an Interagency Task Force on Real Estate Valuation (in this section referred to as the ``Task Force''). (b) Members.--The Task Force shall consist of the following members or their designees: (1) The Director of the Federal Housing Finance Agency. (2) The Chair of the Board of Directors of the Federal National Mortgage Association. (3) The Chair of the Board of Directors of the Federal Home Loan Mortgage Corporation. (4) The President of the Government National Mortgage Association. (5) The Chairperson of the Board of Directors of one of the Federal home loan banks, selected by the Chairpersons of the Boards of Directors of all of the Federal home loan banks. (6) The Assistant Secretary of the Department of Housing and Urban Development who is the Federal Housing Commissioner. (7) The Undersecretary for Rural Development of the Department of Agriculture. (8) The Secretary of Veterans Affairs. (9) The Director of the Bureau of Consumer Financial Protection, who shall serve as the Chairperson of the Task Force. (10) The Comptroller of the Currency. (11) The Chairperson of the Board of Directors of the Federal Deposit Insurance Corporation. (12) The Chairman of the Board of Governors of the Federal Reserve System. (13) The Chairman of the National Credit Union Administration Board. (14) The Chairman of the State Liaison Committee. (c) Duties.--The Task Force shall-- (1) harmonize to the greatest extent possible the various collateral underwriting standards and guidance of the agencies and entities represented on the Task Force governing residential and commercial real estate valuations, including standards and guidance with respect to appraisals, non- traditional and alternative methods of providing real estate property evaluations such as automated valuation models, processes and procedures for managing reconsiderations of value by consumers, and standards and guidance with respect to common collateral underwriting challenges, such as energy efficient housing and limited or inactive markets; (2) to the extent that standards or guidance described under paragraph (1) are not harmonized, the Task Force shall issue a report to Congress explaining why harmonization cannot or should not be implemented; (3) establish specific definitions for limited or inactive housing markets in which comparable sales are limited or unavailable over a certain period of time, and establish greater flexibilities and guidance for appraisals and any underwriting processes associated with appraisals conducted in such markets, such as the ability to consider market evidence for similar properties in other geographic areas or utilizing a range of value; (4) aggregate data across Task Force members and conduct a study to determine whether there are racial disparities at both the borrower and community level in the valuation and price of the residential real estate to be used as collateral for mortgage applications processed by Task Force members; (5) identify specific causes of such racial disparities and-- (A) adopt changes to address such causes; or (B) if the Task Force determines that additional statutory authority is needed to adopt such changes, issue a report to Congress describing the needed statutory authority; and (6) evaluate whether there are any barriers to entry that are disproportionately preventing minorities from entering into the appraisal profession, such as current minimum requirements established by the Appraiser Qualifications Board, the cost and availability of education, the content of the State appraiser exam questions, or the time it takes to finish training. (d) Meetings.--The Task Force shall convene regularly, including with the advisory committee described under subsection (g), to carry out the duties under subsection (c) and submit the reports required under subsection (f). (e) Sharing of Information.--Each agency and entity represented on the Task Force shall share with the Task Force any data of the agency or entity necessary for the Task Force to carry out the duties of the Task Force under this Act. (f) Reports.-- (1) Initial.--The Chairperson of the Task Force shall submit a report to the Congress not later than the expiration of the 24-month period beginning on the date of the enactment of this Act detailing the findings and any actions taken to further the duties of the Task Force as of such time and describing any planned efforts and activities. (2) Ongoing.--Periodically after the submission of the report pursuant to paragraph (1), the Chairperson shall submit reports to the Congress setting forth updates of the findings and actions taken to further the duties of the Task Force. (g) Advisory Committee.--The Task Force shall establish an advisory committee to provide advice with respect to the duties of the Task Force. The advisory committee shall consist of-- (1) at least 2 civil rights advocates; (2) at least 2 consumer advocates; (3) at least 2 real estate appraisers (or representatives of real estate appraiser trade groups); (4) at least 1 small lender (or representative of a trade group for small lenders); (5) at least 1 representative of a trade group that represents private investors; (6) at least 2 representatives of appraisal management companies or trade groups for such companies; (7) at least 2 individuals who are industry experts on alternative valuation models; and (8) at least 1 representative of the organization that adopts the appraisal standards and appraiser qualification criteria under title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 3331 et seq.). (h) Sunset.--The Task Force shall terminate upon the expiration of the 5-year period beginning on the date of the enactment of this Act. SEC. 4. PROMOTING DIVERSITY AND INCLUSION IN THE APPRAISAL PROFESSION. The Financial Institutions Reform, Recovery, and Enforcement Act of 1989 is amended-- (1) in section 1103(a) (12 U.S.C. 3332(a))-- (A) in paragraph (3), by striking ``and'' at the end; (B) in paragraph (4), by striking the period at the end and inserting a semicolon; (C) in paragraph (5), by striking the period at the end and inserting a semicolon; (D) in paragraph (6), by striking the period at the end and inserting ``a semicolon; and''; and (E) by adding at the end the following new paragraph: ``(7) administer the grant program under section 1122(j).''; (2) in section 1106 (12 U.S.C. 3335)-- (A) by inserting ``(a) In General.--'' before ``The Appraisal Subcommittee''; (B) by striking the comma after ``comment''; (C) by inserting before ``Any regulations'' the following: ``(b) Regulations.--''; and (D) in subsection (a) (as so designated by subparagraph (A) of this paragraph), by adding at the end the following: ``The Appraisal Subcommittee may coordinate, and enter into agreements, with private industry stakeholders (including appraisal management companies and industry associations) to facilitate activities and practices that ensure diversity among individuals newly hired as appraisers in their first employment positions in the appraisal industry.''; and (3) in section 1122 (12 U.S.C. 3351), by adding at the end the following new subsection: ``(j) Grant Program To Promote Diversity and Inclusion in the Appraisal Profession.-- ``(1) In general.--The Appraisal Subcommittee shall carry out a program under this subsection to makes grants to State agencies, nonprofit organizations, and institutions of higher education to promote diversity and inclusion in the appraisal profession. ``(2) Eligible activities.--Activities carried out with amounts from a grant under this Act shall be designed to promote diversity and inclusion in the appraisal profession, and may include-- ``(A) funding scholarships; ``(B) providing training and education; ``(C) providing implicit bias training for appraisers; and ``(D) other activities as determined appropriate to further the purposes of this grant program by the Appraisal Subcommittee. ``(3) Allocation of funds.--In making grants under this subsection, the Appraisal Subcommittee shall-- ``(A) allocate 50 percent of the funds made available to Historically Black Colleges and Universities or universities with degree programs approved by the Appraiser Qualifications Board or a relevant State regulatory agency for-- ``(i) scholarships for students of color who want to pursue a career in real estate appraisal; and ``(ii) subsidizing living expenses for those students while in training; and ``(B) allocate 20 percent of the funds to cover the cost of fulfilling the experience requirements or other applicable requirements that the students described under subparagraph (A) will need to complete in order to become appraisers. ``(4) Administrative costs.--The Appraisal Subcommittee may use 1 percent of amounts appropriated pursuant to paragraph (6) to cover the administrative costs of carrying out this subsection. ``(5) Reports.--For each fiscal year during which grants are made under the program under this subsection, the Appraisal Subcommittee shall submit a report to the Congress regarding implementation of the program and describing the grants made, activities conducted using grant amounts, and the number of individuals served by such grants, disaggregated by race, ethnicity, age, and gender. ``(6) Authorization of appropriations.--There is authorized to be appropriated to the Appraisal Subcommittee for grants under this subsection $50,000,000 for each of fiscal years 2022 through 2026.''. <all>

Real Estate Valuation Fairness and Improvement Act of 2021

To establish an interagency Task Force to analyze Federal collateral underwriting standards and guidance, and for other purposes.

Real Estate Valuation Fairness and Improvement Act of 2021

Rep. Cleaver, Emanuel

D

MO

This bill establishes the Interagency Task Force on Real Estate Valuation to harmonize among specified agencies and entities the underwriting standards that govern residential and commercial real estate valuations. The task force must also study racial disparities in the valuation and price of certain residential real estate. The bill also establishes a grant program for states, nonprofit organizations, and institutions of higher education to promote diversity and inclusion in the appraisal profession.

To establish an interagency Task Force to analyze Federal collateral underwriting standards and guidance, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 2. FINDINGS. (3) Both agencies devalued property or refused to make loans secured by property in communities of color. 3. REAL ESTATE VALUATION TASK FORCE. (4) The President of the Government National Mortgage Association. (5) The Chairperson of the Board of Directors of one of the Federal home loan banks, selected by the Chairpersons of the Boards of Directors of all of the Federal home loan banks. (6) The Assistant Secretary of the Department of Housing and Urban Development who is the Federal Housing Commissioner. (14) The Chairman of the State Liaison Committee. (d) Meetings.--The Task Force shall convene regularly, including with the advisory committee described under subsection (g), to carry out the duties under subsection (c) and submit the reports required under subsection (f). The advisory committee shall consist of-- (1) at least 2 civil rights advocates; (2) at least 2 consumer advocates; (3) at least 2 real estate appraisers (or representatives of real estate appraiser trade groups); (4) at least 1 small lender (or representative of a trade group for small lenders); (5) at least 1 representative of a trade group that represents private investors; (6) at least 2 representatives of appraisal management companies or trade groups for such companies; (7) at least 2 individuals who are industry experts on alternative valuation models; and (8) at least 1 representative of the organization that adopts the appraisal standards and appraiser qualification criteria under title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. SEC. 4. PROMOTING DIVERSITY AND INCLUSION IN THE APPRAISAL PROFESSION. The Financial Institutions Reform, Recovery, and Enforcement Act of 1989 is amended-- (1) in section 1103(a) (12 U.S.C. 3332(a))-- (A) in paragraph (3), by striking ``and'' at the end; (B) in paragraph (4), by striking the period at the end and inserting a semicolon; (C) in paragraph (5), by striking the period at the end and inserting a semicolon; (D) in paragraph (6), by striking the period at the end and inserting ``a semicolon; and''; and (E) by adding at the end the following new paragraph: ``(7) administer the grant program under section 1122(j). ``(2) Eligible activities.--Activities carried out with amounts from a grant under this Act shall be designed to promote diversity and inclusion in the appraisal profession, and may include-- ``(A) funding scholarships; ``(B) providing training and education; ``(C) providing implicit bias training for appraisers; and ``(D) other activities as determined appropriate to further the purposes of this grant program by the Appraisal Subcommittee. ``(4) Administrative costs.--The Appraisal Subcommittee may use 1 percent of amounts appropriated pursuant to paragraph (6) to cover the administrative costs of carrying out this subsection.

To establish an interagency Task Force to analyze Federal collateral underwriting standards and guidance, and for other purposes. 2. FINDINGS. (3) Both agencies devalued property or refused to make loans secured by property in communities of color. 3. REAL ESTATE VALUATION TASK FORCE. (4) The President of the Government National Mortgage Association. (5) The Chairperson of the Board of Directors of one of the Federal home loan banks, selected by the Chairpersons of the Boards of Directors of all of the Federal home loan banks. (6) The Assistant Secretary of the Department of Housing and Urban Development who is the Federal Housing Commissioner. (d) Meetings.--The Task Force shall convene regularly, including with the advisory committee described under subsection (g), to carry out the duties under subsection (c) and submit the reports required under subsection (f). The advisory committee shall consist of-- (1) at least 2 civil rights advocates; (2) at least 2 consumer advocates; (3) at least 2 real estate appraisers (or representatives of real estate appraiser trade groups); (4) at least 1 small lender (or representative of a trade group for small lenders); (5) at least 1 representative of a trade group that represents private investors; (6) at least 2 representatives of appraisal management companies or trade groups for such companies; (7) at least 2 individuals who are industry experts on alternative valuation models; and (8) at least 1 representative of the organization that adopts the appraisal standards and appraiser qualification criteria under title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. SEC. 4. PROMOTING DIVERSITY AND INCLUSION IN THE APPRAISAL PROFESSION. The Financial Institutions Reform, Recovery, and Enforcement Act of 1989 is amended-- (1) in section 1103(a) (12 U.S.C. 3332(a))-- (A) in paragraph (3), by striking ``and'' at the end; (B) in paragraph (4), by striking the period at the end and inserting a semicolon; (C) in paragraph (5), by striking the period at the end and inserting a semicolon; (D) in paragraph (6), by striking the period at the end and inserting ``a semicolon; and''; and (E) by adding at the end the following new paragraph: ``(7) administer the grant program under section 1122(j).

To establish an interagency Task Force to analyze Federal collateral underwriting standards and guidance, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 2. FINDINGS. (3) Both agencies devalued property or refused to make loans secured by property in communities of color. 3. REAL ESTATE VALUATION TASK FORCE. (4) The President of the Government National Mortgage Association. (5) The Chairperson of the Board of Directors of one of the Federal home loan banks, selected by the Chairpersons of the Boards of Directors of all of the Federal home loan banks. (6) The Assistant Secretary of the Department of Housing and Urban Development who is the Federal Housing Commissioner. (10) The Comptroller of the Currency. (14) The Chairman of the State Liaison Committee. (d) Meetings.--The Task Force shall convene regularly, including with the advisory committee described under subsection (g), to carry out the duties under subsection (c) and submit the reports required under subsection (f). The advisory committee shall consist of-- (1) at least 2 civil rights advocates; (2) at least 2 consumer advocates; (3) at least 2 real estate appraisers (or representatives of real estate appraiser trade groups); (4) at least 1 small lender (or representative of a trade group for small lenders); (5) at least 1 representative of a trade group that represents private investors; (6) at least 2 representatives of appraisal management companies or trade groups for such companies; (7) at least 2 individuals who are industry experts on alternative valuation models; and (8) at least 1 representative of the organization that adopts the appraisal standards and appraiser qualification criteria under title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 3331 et seq.). SEC. 4. PROMOTING DIVERSITY AND INCLUSION IN THE APPRAISAL PROFESSION. The Financial Institutions Reform, Recovery, and Enforcement Act of 1989 is amended-- (1) in section 1103(a) (12 U.S.C. 3332(a))-- (A) in paragraph (3), by striking ``and'' at the end; (B) in paragraph (4), by striking the period at the end and inserting a semicolon; (C) in paragraph (5), by striking the period at the end and inserting a semicolon; (D) in paragraph (6), by striking the period at the end and inserting ``a semicolon; and''; and (E) by adding at the end the following new paragraph: ``(7) administer the grant program under section 1122(j). ``(2) Eligible activities.--Activities carried out with amounts from a grant under this Act shall be designed to promote diversity and inclusion in the appraisal profession, and may include-- ``(A) funding scholarships; ``(B) providing training and education; ``(C) providing implicit bias training for appraisers; and ``(D) other activities as determined appropriate to further the purposes of this grant program by the Appraisal Subcommittee. ``(4) Administrative costs.--The Appraisal Subcommittee may use 1 percent of amounts appropriated pursuant to paragraph (6) to cover the administrative costs of carrying out this subsection. ``(6) Authorization of appropriations.--There is authorized to be appropriated to the Appraisal Subcommittee for grants under this subsection $50,000,000 for each of fiscal years 2022 through 2026.''.

To establish an interagency Task Force to analyze Federal collateral underwriting standards and guidance, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 2. FINDINGS. (3) Both agencies devalued property or refused to make loans secured by property in communities of color. (4) The harmful consequences of this discrimination remain unresolved. 3. REAL ESTATE VALUATION TASK FORCE. (4) The President of the Government National Mortgage Association. (5) The Chairperson of the Board of Directors of one of the Federal home loan banks, selected by the Chairpersons of the Boards of Directors of all of the Federal home loan banks. (6) The Assistant Secretary of the Department of Housing and Urban Development who is the Federal Housing Commissioner. (10) The Comptroller of the Currency. (14) The Chairman of the State Liaison Committee. (c) Duties.--The Task Force shall-- (1) harmonize to the greatest extent possible the various collateral underwriting standards and guidance of the agencies and entities represented on the Task Force governing residential and commercial real estate valuations, including standards and guidance with respect to appraisals, non- traditional and alternative methods of providing real estate property evaluations such as automated valuation models, processes and procedures for managing reconsiderations of value by consumers, and standards and guidance with respect to common collateral underwriting challenges, such as energy efficient housing and limited or inactive markets; (2) to the extent that standards or guidance described under paragraph (1) are not harmonized, the Task Force shall issue a report to Congress explaining why harmonization cannot or should not be implemented; (3) establish specific definitions for limited or inactive housing markets in which comparable sales are limited or unavailable over a certain period of time, and establish greater flexibilities and guidance for appraisals and any underwriting processes associated with appraisals conducted in such markets, such as the ability to consider market evidence for similar properties in other geographic areas or utilizing a range of value; (4) aggregate data across Task Force members and conduct a study to determine whether there are racial disparities at both the borrower and community level in the valuation and price of the residential real estate to be used as collateral for mortgage applications processed by Task Force members; (5) identify specific causes of such racial disparities and-- (A) adopt changes to address such causes; or (B) if the Task Force determines that additional statutory authority is needed to adopt such changes, issue a report to Congress describing the needed statutory authority; and (6) evaluate whether there are any barriers to entry that are disproportionately preventing minorities from entering into the appraisal profession, such as current minimum requirements established by the Appraiser Qualifications Board, the cost and availability of education, the content of the State appraiser exam questions, or the time it takes to finish training. (d) Meetings.--The Task Force shall convene regularly, including with the advisory committee described under subsection (g), to carry out the duties under subsection (c) and submit the reports required under subsection (f). The advisory committee shall consist of-- (1) at least 2 civil rights advocates; (2) at least 2 consumer advocates; (3) at least 2 real estate appraisers (or representatives of real estate appraiser trade groups); (4) at least 1 small lender (or representative of a trade group for small lenders); (5) at least 1 representative of a trade group that represents private investors; (6) at least 2 representatives of appraisal management companies or trade groups for such companies; (7) at least 2 individuals who are industry experts on alternative valuation models; and (8) at least 1 representative of the organization that adopts the appraisal standards and appraiser qualification criteria under title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 3331 et seq.). SEC. 4. PROMOTING DIVERSITY AND INCLUSION IN THE APPRAISAL PROFESSION. The Financial Institutions Reform, Recovery, and Enforcement Act of 1989 is amended-- (1) in section 1103(a) (12 U.S.C. 3332(a))-- (A) in paragraph (3), by striking ``and'' at the end; (B) in paragraph (4), by striking the period at the end and inserting a semicolon; (C) in paragraph (5), by striking the period at the end and inserting a semicolon; (D) in paragraph (6), by striking the period at the end and inserting ``a semicolon; and''; and (E) by adding at the end the following new paragraph: ``(7) administer the grant program under section 1122(j). ``(2) Eligible activities.--Activities carried out with amounts from a grant under this Act shall be designed to promote diversity and inclusion in the appraisal profession, and may include-- ``(A) funding scholarships; ``(B) providing training and education; ``(C) providing implicit bias training for appraisers; and ``(D) other activities as determined appropriate to further the purposes of this grant program by the Appraisal Subcommittee. ``(3) Allocation of funds.--In making grants under this subsection, the Appraisal Subcommittee shall-- ``(A) allocate 50 percent of the funds made available to Historically Black Colleges and Universities or universities with degree programs approved by the Appraiser Qualifications Board or a relevant State regulatory agency for-- ``(i) scholarships for students of color who want to pursue a career in real estate appraisal; and ``(ii) subsidizing living expenses for those students while in training; and ``(B) allocate 20 percent of the funds to cover the cost of fulfilling the experience requirements or other applicable requirements that the students described under subparagraph (A) will need to complete in order to become appraisers. ``(4) Administrative costs.--The Appraisal Subcommittee may use 1 percent of amounts appropriated pursuant to paragraph (6) to cover the administrative costs of carrying out this subsection. ``(6) Authorization of appropriations.--There is authorized to be appropriated to the Appraisal Subcommittee for grants under this subsection $50,000,000 for each of fiscal years 2022 through 2026.''.

To establish an interagency Task Force to analyze Federal collateral underwriting standards and guidance, and for other purposes. The Congress finds the following: (1) Two Federal agencies, the Federal Home Owners' Loan Corporation and the Federal Housing Administration played a major role in the development of the modern home mortgage origination industry. ( 3) The Chair of the Board of Directors of the Federal Home Loan Mortgage Corporation. (4) The President of the Government National Mortgage Association. ( 5) The Chairperson of the Board of Directors of one of the Federal home loan banks, selected by the Chairpersons of the Boards of Directors of all of the Federal home loan banks. ( 10) The Comptroller of the Currency. ( (d) Meetings.--The Task Force shall convene regularly, including with the advisory committee described under subsection (g), to carry out the duties under subsection (c) and submit the reports required under subsection (f). ( 2) Ongoing.--Periodically after the submission of the report pursuant to paragraph (1), the Chairperson shall submit reports to the Congress setting forth updates of the findings and actions taken to further the duties of the Task Force. ( h) Sunset.--The Task Force shall terminate upon the expiration of the 5-year period beginning on the date of the enactment of this Act. PROMOTING DIVERSITY AND INCLUSION IN THE APPRAISAL PROFESSION. 3332(a))-- (A) in paragraph (3), by striking ``and'' at the end; (B) in paragraph (4), by striking the period at the end and inserting a semicolon; (C) in paragraph (5), by striking the period at the end and inserting a semicolon; (D) in paragraph (6), by striking the period at the end and inserting ``a semicolon; and''; and (E) by adding at the end the following new paragraph: ``(7) administer the grant program under section 1122(j). ''; ( and (3) in section 1122 (12 U.S.C. 3351), by adding at the end the following new subsection: ``(j) Grant Program To Promote Diversity and Inclusion in the Appraisal Profession.-- ``(1) In general.--The Appraisal Subcommittee shall carry out a program under this subsection to makes grants to State agencies, nonprofit organizations, and institutions of higher education to promote diversity and inclusion in the appraisal profession. ``(2) Eligible activities.--Activities carried out with amounts from a grant under this Act shall be designed to promote diversity and inclusion in the appraisal profession, and may include-- ``(A) funding scholarships; ``(B) providing training and education; ``(C) providing implicit bias training for appraisers; and ``(D) other activities as determined appropriate to further the purposes of this grant program by the Appraisal Subcommittee. ``(4) Administrative costs.--The Appraisal Subcommittee may use 1 percent of amounts appropriated pursuant to paragraph (6) to cover the administrative costs of carrying out this subsection. ``(5) Reports.--For each fiscal year during which grants are made under the program under this subsection, the Appraisal Subcommittee shall submit a report to the Congress regarding implementation of the program and describing the grants made, activities conducted using grant amounts, and the number of individuals served by such grants, disaggregated by race, ethnicity, age, and gender. ``(6) Authorization of appropriations.--There is authorized to be appropriated to the Appraisal Subcommittee for grants under this subsection $50,000,000 for each of fiscal years 2022 through 2026.''.

To establish an interagency Task Force to analyze Federal collateral underwriting standards and guidance, and for other purposes. The Congress finds the following: (1) Two Federal agencies, the Federal Home Owners' Loan Corporation and the Federal Housing Administration played a major role in the development of the modern home mortgage origination industry. ( REAL ESTATE VALUATION TASK FORCE. ( 10) The Comptroller of the Currency. ( 11) The Chairperson of the Board of Directors of the Federal Deposit Insurance Corporation. ( (13) The Chairman of the National Credit Union Administration Board. ( 14) The Chairman of the State Liaison Committee. ( (d) Meetings.--The Task Force shall convene regularly, including with the advisory committee described under subsection (g), to carry out the duties under subsection (c) and submit the reports required under subsection (f). ( g) Advisory Committee.--The Task Force shall establish an advisory committee to provide advice with respect to the duties of the Task Force. The Financial Institutions Reform, Recovery, and Enforcement Act of 1989 is amended-- (1) in section 1103(a) (12 U.S.C. 3332(a))-- (A) in paragraph (3), by striking ``and'' at the end; (B) in paragraph (4), by striking the period at the end and inserting a semicolon; (C) in paragraph (5), by striking the period at the end and inserting a semicolon; (D) in paragraph (6), by striking the period at the end and inserting ``a semicolon; and''; and (E) by adding at the end the following new paragraph: ``(7) administer the grant program under section 1122(j). ''; ( and (3) in section 1122 (12 U.S.C. 3351), by adding at the end the following new subsection: ``(j) Grant Program To Promote Diversity and Inclusion in the Appraisal Profession.-- ``(1) In general.--The Appraisal Subcommittee shall carry out a program under this subsection to makes grants to State agencies, nonprofit organizations, and institutions of higher education to promote diversity and inclusion in the appraisal profession. ``(4) Administrative costs.--The Appraisal Subcommittee may use 1 percent of amounts appropriated pursuant to paragraph (6) to cover the administrative costs of carrying out this subsection. ``(5) Reports.--For each fiscal year during which grants are made under the program under this subsection, the Appraisal Subcommittee shall submit a report to the Congress regarding implementation of the program and describing the grants made, activities conducted using grant amounts, and the number of individuals served by such grants, disaggregated by race, ethnicity, age, and gender.

To establish an interagency Task Force to analyze Federal collateral underwriting standards and guidance, and for other purposes. The Congress finds the following: (1) Two Federal agencies, the Federal Home Owners' Loan Corporation and the Federal Housing Administration played a major role in the development of the modern home mortgage origination industry. ( REAL ESTATE VALUATION TASK FORCE. ( 10) The Comptroller of the Currency. ( 11) The Chairperson of the Board of Directors of the Federal Deposit Insurance Corporation. ( (13) The Chairman of the National Credit Union Administration Board. ( 14) The Chairman of the State Liaison Committee. ( (d) Meetings.--The Task Force shall convene regularly, including with the advisory committee described under subsection (g), to carry out the duties under subsection (c) and submit the reports required under subsection (f). ( g) Advisory Committee.--The Task Force shall establish an advisory committee to provide advice with respect to the duties of the Task Force. The Financial Institutions Reform, Recovery, and Enforcement Act of 1989 is amended-- (1) in section 1103(a) (12 U.S.C. 3332(a))-- (A) in paragraph (3), by striking ``and'' at the end; (B) in paragraph (4), by striking the period at the end and inserting a semicolon; (C) in paragraph (5), by striking the period at the end and inserting a semicolon; (D) in paragraph (6), by striking the period at the end and inserting ``a semicolon; and''; and (E) by adding at the end the following new paragraph: ``(7) administer the grant program under section 1122(j). ''; ( and (3) in section 1122 (12 U.S.C. 3351), by adding at the end the following new subsection: ``(j) Grant Program To Promote Diversity and Inclusion in the Appraisal Profession.-- ``(1) In general.--The Appraisal Subcommittee shall carry out a program under this subsection to makes grants to State agencies, nonprofit organizations, and institutions of higher education to promote diversity and inclusion in the appraisal profession. ``(4) Administrative costs.--The Appraisal Subcommittee may use 1 percent of amounts appropriated pursuant to paragraph (6) to cover the administrative costs of carrying out this subsection. ``(5) Reports.--For each fiscal year during which grants are made under the program under this subsection, the Appraisal Subcommittee shall submit a report to the Congress regarding implementation of the program and describing the grants made, activities conducted using grant amounts, and the number of individuals served by such grants, disaggregated by race, ethnicity, age, and gender.

To establish an interagency Task Force to analyze Federal collateral underwriting standards and guidance, and for other purposes. The Congress finds the following: (1) Two Federal agencies, the Federal Home Owners' Loan Corporation and the Federal Housing Administration played a major role in the development of the modern home mortgage origination industry. ( 3) The Chair of the Board of Directors of the Federal Home Loan Mortgage Corporation. (4) The President of the Government National Mortgage Association. ( 5) The Chairperson of the Board of Directors of one of the Federal home loan banks, selected by the Chairpersons of the Boards of Directors of all of the Federal home loan banks. ( 10) The Comptroller of the Currency. ( (d) Meetings.--The Task Force shall convene regularly, including with the advisory committee described under subsection (g), to carry out the duties under subsection (c) and submit the reports required under subsection (f). ( 2) Ongoing.--Periodically after the submission of the report pursuant to paragraph (1), the Chairperson shall submit reports to the Congress setting forth updates of the findings and actions taken to further the duties of the Task Force. ( h) Sunset.--The Task Force shall terminate upon the expiration of the 5-year period beginning on the date of the enactment of this Act. PROMOTING DIVERSITY AND INCLUSION IN THE APPRAISAL PROFESSION. 3332(a))-- (A) in paragraph (3), by striking ``and'' at the end; (B) in paragraph (4), by striking the period at the end and inserting a semicolon; (C) in paragraph (5), by striking the period at the end and inserting a semicolon; (D) in paragraph (6), by striking the period at the end and inserting ``a semicolon; and''; and (E) by adding at the end the following new paragraph: ``(7) administer the grant program under section 1122(j). ''; ( and (3) in section 1122 (12 U.S.C. 3351), by adding at the end the following new subsection: ``(j) Grant Program To Promote Diversity and Inclusion in the Appraisal Profession.-- ``(1) In general.--The Appraisal Subcommittee shall carry out a program under this subsection to makes grants to State agencies, nonprofit organizations, and institutions of higher education to promote diversity and inclusion in the appraisal profession. ``(2) Eligible activities.--Activities carried out with amounts from a grant under this Act shall be designed to promote diversity and inclusion in the appraisal profession, and may include-- ``(A) funding scholarships; ``(B) providing training and education; ``(C) providing implicit bias training for appraisers; and ``(D) other activities as determined appropriate to further the purposes of this grant program by the Appraisal Subcommittee. ``(4) Administrative costs.--The Appraisal Subcommittee may use 1 percent of amounts appropriated pursuant to paragraph (6) to cover the administrative costs of carrying out this subsection. ``(5) Reports.--For each fiscal year during which grants are made under the program under this subsection, the Appraisal Subcommittee shall submit a report to the Congress regarding implementation of the program and describing the grants made, activities conducted using grant amounts, and the number of individuals served by such grants, disaggregated by race, ethnicity, age, and gender. ``(6) Authorization of appropriations.--There is authorized to be appropriated to the Appraisal Subcommittee for grants under this subsection $50,000,000 for each of fiscal years 2022 through 2026.''.

To establish an interagency Task Force to analyze Federal collateral underwriting standards and guidance, and for other purposes. The Congress finds the following: (1) Two Federal agencies, the Federal Home Owners' Loan Corporation and the Federal Housing Administration played a major role in the development of the modern home mortgage origination industry. ( REAL ESTATE VALUATION TASK FORCE. ( 10) The Comptroller of the Currency. ( 11) The Chairperson of the Board of Directors of the Federal Deposit Insurance Corporation. ( (13) The Chairman of the National Credit Union Administration Board. ( 14) The Chairman of the State Liaison Committee. ( (d) Meetings.--The Task Force shall convene regularly, including with the advisory committee described under subsection (g), to carry out the duties under subsection (c) and submit the reports required under subsection (f). ( g) Advisory Committee.--The Task Force shall establish an advisory committee to provide advice with respect to the duties of the Task Force. The Financial Institutions Reform, Recovery, and Enforcement Act of 1989 is amended-- (1) in section 1103(a) (12 U.S.C. 3332(a))-- (A) in paragraph (3), by striking ``and'' at the end; (B) in paragraph (4), by striking the period at the end and inserting a semicolon; (C) in paragraph (5), by striking the period at the end and inserting a semicolon; (D) in paragraph (6), by striking the period at the end and inserting ``a semicolon; and''; and (E) by adding at the end the following new paragraph: ``(7) administer the grant program under section 1122(j). ''; ( and (3) in section 1122 (12 U.S.C. 3351), by adding at the end the following new subsection: ``(j) Grant Program To Promote Diversity and Inclusion in the Appraisal Profession.-- ``(1) In general.--The Appraisal Subcommittee shall carry out a program under this subsection to makes grants to State agencies, nonprofit organizations, and institutions of higher education to promote diversity and inclusion in the appraisal profession. ``(4) Administrative costs.--The Appraisal Subcommittee may use 1 percent of amounts appropriated pursuant to paragraph (6) to cover the administrative costs of carrying out this subsection. ``(5) Reports.--For each fiscal year during which grants are made under the program under this subsection, the Appraisal Subcommittee shall submit a report to the Congress regarding implementation of the program and describing the grants made, activities conducted using grant amounts, and the number of individuals served by such grants, disaggregated by race, ethnicity, age, and gender.

To establish an interagency Task Force to analyze Federal collateral underwriting standards and guidance, and for other purposes. The Congress finds the following: (1) Two Federal agencies, the Federal Home Owners' Loan Corporation and the Federal Housing Administration played a major role in the development of the modern home mortgage origination industry. ( 3) The Chair of the Board of Directors of the Federal Home Loan Mortgage Corporation. (4) The President of the Government National Mortgage Association. ( 5) The Chairperson of the Board of Directors of one of the Federal home loan banks, selected by the Chairpersons of the Boards of Directors of all of the Federal home loan banks. ( 10) The Comptroller of the Currency. ( (d) Meetings.--The Task Force shall convene regularly, including with the advisory committee described under subsection (g), to carry out the duties under subsection (c) and submit the reports required under subsection (f). ( 2) Ongoing.--Periodically after the submission of the report pursuant to paragraph (1), the Chairperson shall submit reports to the Congress setting forth updates of the findings and actions taken to further the duties of the Task Force. ( h) Sunset.--The Task Force shall terminate upon the expiration of the 5-year period beginning on the date of the enactment of this Act. PROMOTING DIVERSITY AND INCLUSION IN THE APPRAISAL PROFESSION. 3332(a))-- (A) in paragraph (3), by striking ``and'' at the end; (B) in paragraph (4), by striking the period at the end and inserting a semicolon; (C) in paragraph (5), by striking the period at the end and inserting a semicolon; (D) in paragraph (6), by striking the period at the end and inserting ``a semicolon; and''; and (E) by adding at the end the following new paragraph: ``(7) administer the grant program under section 1122(j). ''; ( and (3) in section 1122 (12 U.S.C. 3351), by adding at the end the following new subsection: ``(j) Grant Program To Promote Diversity and Inclusion in the Appraisal Profession.-- ``(1) In general.--The Appraisal Subcommittee shall carry out a program under this subsection to makes grants to State agencies, nonprofit organizations, and institutions of higher education to promote diversity and inclusion in the appraisal profession. ``(2) Eligible activities.--Activities carried out with amounts from a grant under this Act shall be designed to promote diversity and inclusion in the appraisal profession, and may include-- ``(A) funding scholarships; ``(B) providing training and education; ``(C) providing implicit bias training for appraisers; and ``(D) other activities as determined appropriate to further the purposes of this grant program by the Appraisal Subcommittee. ``(4) Administrative costs.--The Appraisal Subcommittee may use 1 percent of amounts appropriated pursuant to paragraph (6) to cover the administrative costs of carrying out this subsection. ``(5) Reports.--For each fiscal year during which grants are made under the program under this subsection, the Appraisal Subcommittee shall submit a report to the Congress regarding implementation of the program and describing the grants made, activities conducted using grant amounts, and the number of individuals served by such grants, disaggregated by race, ethnicity, age, and gender. ``(6) Authorization of appropriations.--There is authorized to be appropriated to the Appraisal Subcommittee for grants under this subsection $50,000,000 for each of fiscal years 2022 through 2026.''.

To establish an interagency Task Force to analyze Federal collateral underwriting standards and guidance, and for other purposes. The Congress finds the following: (1) Two Federal agencies, the Federal Home Owners' Loan Corporation and the Federal Housing Administration played a major role in the development of the modern home mortgage origination industry. ( REAL ESTATE VALUATION TASK FORCE. ( 10) The Comptroller of the Currency. ( 11) The Chairperson of the Board of Directors of the Federal Deposit Insurance Corporation. ( (13) The Chairman of the National Credit Union Administration Board. ( 14) The Chairman of the State Liaison Committee. ( (d) Meetings.--The Task Force shall convene regularly, including with the advisory committee described under subsection (g), to carry out the duties under subsection (c) and submit the reports required under subsection (f). ( g) Advisory Committee.--The Task Force shall establish an advisory committee to provide advice with respect to the duties of the Task Force. The Financial Institutions Reform, Recovery, and Enforcement Act of 1989 is amended-- (1) in section 1103(a) (12 U.S.C. 3332(a))-- (A) in paragraph (3), by striking ``and'' at the end; (B) in paragraph (4), by striking the period at the end and inserting a semicolon; (C) in paragraph (5), by striking the period at the end and inserting a semicolon; (D) in paragraph (6), by striking the period at the end and inserting ``a semicolon; and''; and (E) by adding at the end the following new paragraph: ``(7) administer the grant program under section 1122(j). ''; ( and (3) in section 1122 (12 U.S.C. 3351), by adding at the end the following new subsection: ``(j) Grant Program To Promote Diversity and Inclusion in the Appraisal Profession.-- ``(1) In general.--The Appraisal Subcommittee shall carry out a program under this subsection to makes grants to State agencies, nonprofit organizations, and institutions of higher education to promote diversity and inclusion in the appraisal profession. ``(4) Administrative costs.--The Appraisal Subcommittee may use 1 percent of amounts appropriated pursuant to paragraph (6) to cover the administrative costs of carrying out this subsection. ``(5) Reports.--For each fiscal year during which grants are made under the program under this subsection, the Appraisal Subcommittee shall submit a report to the Congress regarding implementation of the program and describing the grants made, activities conducted using grant amounts, and the number of individuals served by such grants, disaggregated by race, ethnicity, age, and gender.

To establish an interagency Task Force to analyze Federal collateral underwriting standards and guidance, and for other purposes. 5) The Chairperson of the Board of Directors of one of the Federal home loan banks, selected by the Chairpersons of the Boards of Directors of all of the Federal home loan banks. ( 3332(a))-- (A) in paragraph (3), by striking ``and'' at the end; (B) in paragraph (4), by striking the period at the end and inserting a semicolon; (C) in paragraph (5), by striking the period at the end and inserting a semicolon; (D) in paragraph (6), by striking the period at the end and inserting ``a semicolon; and''; and (E) by adding at the end the following new paragraph: ``(7) administer the grant program under section 1122(j). ''; ( and (3) in section 1122 (12 U.S.C. 3351), by adding at the end the following new subsection: ``(j) Grant Program To Promote Diversity and Inclusion in the Appraisal Profession.-- ``(1) In general.--The Appraisal Subcommittee shall carry out a program under this subsection to makes grants to State agencies, nonprofit organizations, and institutions of higher education to promote diversity and inclusion in the appraisal profession. ``(5) Reports.--For each fiscal year during which grants are made under the program under this subsection, the Appraisal Subcommittee shall submit a report to the Congress regarding implementation of the program and describing the grants made, activities conducted using grant amounts, and the number of individuals served by such grants, disaggregated by race, ethnicity, age, and gender. ``(6) Authorization of appropriations.--There is authorized to be appropriated to the Appraisal Subcommittee for grants under this subsection $50,000,000 for each of fiscal years 2022 through 2026. ''.

To establish an interagency Task Force to analyze Federal collateral underwriting standards and guidance, and for other purposes. 13) The Chairman of the National Credit Union Administration Board. ( and (3) in section 1122 (12 U.S.C. 3351), by adding at the end the following new subsection: ``(j) Grant Program To Promote Diversity and Inclusion in the Appraisal Profession.-- ``(1) In general.--The Appraisal Subcommittee shall carry out a program under this subsection to makes grants to State agencies, nonprofit organizations, and institutions of higher education to promote diversity and inclusion in the appraisal profession. ``(5) Reports.--For each fiscal year during which grants are made under the program under this subsection, the Appraisal Subcommittee shall submit a report to the Congress regarding implementation of the program and describing the grants made, activities conducted using grant amounts, and the number of individuals served by such grants, disaggregated by race, ethnicity, age, and gender.

To establish an interagency Task Force to analyze Federal collateral underwriting standards and guidance, and for other purposes. 5) The Chairperson of the Board of Directors of one of the Federal home loan banks, selected by the Chairpersons of the Boards of Directors of all of the Federal home loan banks. ( 3332(a))-- (A) in paragraph (3), by striking ``and'' at the end; (B) in paragraph (4), by striking the period at the end and inserting a semicolon; (C) in paragraph (5), by striking the period at the end and inserting a semicolon; (D) in paragraph (6), by striking the period at the end and inserting ``a semicolon; and''; and (E) by adding at the end the following new paragraph: ``(7) administer the grant program under section 1122(j). ''; ( and (3) in section 1122 (12 U.S.C. 3351), by adding at the end the following new subsection: ``(j) Grant Program To Promote Diversity and Inclusion in the Appraisal Profession.-- ``(1) In general.--The Appraisal Subcommittee shall carry out a program under this subsection to makes grants to State agencies, nonprofit organizations, and institutions of higher education to promote diversity and inclusion in the appraisal profession. ``(5) Reports.--For each fiscal year during which grants are made under the program under this subsection, the Appraisal Subcommittee shall submit a report to the Congress regarding implementation of the program and describing the grants made, activities conducted using grant amounts, and the number of individuals served by such grants, disaggregated by race, ethnicity, age, and gender. ``(6) Authorization of appropriations.--There is authorized to be appropriated to the Appraisal Subcommittee for grants under this subsection $50,000,000 for each of fiscal years 2022 through 2026. ''.

Real Estate Valuation Fairness and Improvement Act of 2021 - Directs the Appraisal Subcommittee of the Financial Institutions Examination Council (FINEC) to facilitate the establishment and convening of an Interagency Task Force on Real Estate Valuations to: (1) harmonize to the greatest extent possible the various collateral underwriting standards and guidance of the agencies and entities represented on the Task Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 to direct the Appraisal Subcommittee to carry out a program to make grants to state agencies, nonprofit organizations, and institutions of higher education to promote diversity and inclusion in the appraisal profession. (Sec. 4) Authorizes the Subcommittee to coordinate, and enter into agreements, with private industry stakeholders to facilitate activities and

H.R.5347

Immigration

Alternatives to Detention Act of 2021 This bill requires the Department of Homeland Security (DHS) to establish programs that are alternatives to detention for immigration enforcement and addresses related issues. Such programs must be available regardless of whether an alien is subject to a removal order or whether a charge of removability is pending, but shall not be available to certain aliens, such as those subject to mandatory detention. DHS or an immigration judge must determine, within 72 hours of an individual being taken into custody for immigration enforcement, the appropriate level of supervision for the individual and whether the individual may participate in such an alternative program. For a member of a vulnerable population (such as a victim of trafficking) or a caregiver (such as a parent of a minor), there must be a presumption that such an individual must be placed in a community-based supervision program. DHS must restore the Family Case Management Program as an alternative to detention. This program must provide community supervision and community support services through a contract with a nongovernmental organization. DHS must establish a Coordinator of Alternatives to Detention position. The Government Accountability Office must report on the use and effectiveness of the programs established under this bill.

To require the Secretary of Homeland Security to use alternatives to detention for certain vulnerable immigrant populations, and for other purposes. Be it enacted by the Senate 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 Detention Act of 2021''. SEC. 2. DEFINITIONS. In this Act: (1) Dependent caregiver.--The term ``dependent caregiver'' means an individual who lives with, and provides more than \1/ 2\ of the financial support required by, a family member who is-- (A) younger than 18 years of age; or (B) unable to engage in substantial employment due to a physical or mental health condition or disability. (2) Executive departments.--The term ``executive departments'' means the Federal Departments listed under section 101 of title 5, United States Code. (3) Family caregiver.--The term ``family caregiver'' means an individual who lives with, and provides more than \1/2\ of the personal care required by, a family member who is-- (A) younger than 18 years of age; or (B) unable to engage in substantial employment due to a physical or mental health condition or disability. (4) Family member.--The term ``family member'', with respect to an individual receiving personal care services or financial support, means an individual who is-- (A) a parent or legal guardian; (B) a spouse; (C) a child; (D) a step-family member; or (E) an extended family member. (5) Immigration laws.--The term ``immigration laws'' has the meaning given such term in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17)). (6) Legal guardian.--The term ``legal guardian'' means a legal guardian, as defined under State law or under the law of a foreign country. (7) Member of a vulnerable population.--The term ``member of a vulnerable population'' means an individual who-- (A) is an asylum seeker or is otherwise seeking lawful status; (B) is a victim of torture or trafficking; (C) has special religious, cultural, or spiritual considerations; (D) is pregnant or nursing; (E) is younger than 21 years of age; (F) is older than 60 years of age; (G) identifies as gay, lesbian, bisexual, transgender, or intersex; (H) is a victim or a witness of a crime; (I) has a mental disorder or physical disability; or (J) is experiencing severe trauma or is a survivor of torture or gender-based violence, as determined by an immigration judge or the Secretary based on information obtained-- (i) by the attorney or legal services provider of the individual during the intake process; or (ii) through credible reporting by the individual. (8) Parent.--The term ``parent'' means a biological or adoptive parent of a child, whose parental rights have not been relinquished or terminated under State law or the law of a foreign country. (9) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. SEC. 3. ALTERNATIVES TO DETENTION UNDER THE IMMIGRATION LAWS. (a) Establishment.-- (1) In general.--The Secretary shall establish programs to provide alternatives to detention under the immigration laws. (2) Availability.--The programs required under paragraph (1) shall be available to an alien regardless of whether-- (A) a decision on a charge of removability with respect to the alien is pending; or (B) the alien is subject to an order of removal. (3) Continuum of supervision.--The programs required under paragraph (1) shall provide for a continuum of supervision mechanisms and options, including community-based supervision and community support. (4) Contracts with nongovernmental organizations.--The Secretary may contract with one or more nongovernmental organizations to provide services under this subsection and subsection (b). (b) Restoration of the Family Case Management Program.--Not later than 7 days after the date of the enactment of this Act, the Secretary shall fully restore the U.S. Immigration and Customs Enforcement Family Case Management Program, as constituted on January 21, 2016, which shall-- (1) provide community supervision and community support services, including case management services, appearance services, and screening of aliens who have been detained; and (2) be carried out through a contract with a nongovernmental organization that has demonstrated expertise in providing such supervision and support services. (c) Determination of Vulnerable Population or Caregiver Status Required.-- (1) In general.--Subject to paragraphs (2) and (3), not later than 72 hours after taking an individual into custody under the immigration laws, the Secretary, the Commissioner of U.S. Customs and Border Protection, an immigration officer, or an immigration judge shall make an individualized determination with respect to-- (A) whether the individual may participate in an alternatives to detention program, including the Family Case Management Program described in subsection (b); and (B) the appropriate level of supervision for such individual. (2) Presumption for placement in alternatives to detention program.-- (A) In general.--There shall be a presumption for placement in an alternatives to detention program that is a community-based supervision program for any alien who is-- (i) taken into the physical custody of the Department of Homeland Security; and (ii) a member of a vulnerable population, a parent of a child who is younger than 18 years of age, a dependent caregiver, or a family caregiver. (B) Exception.--The presumption described in subparagraph (A) shall not apply if the Secretary, the Commissioner of U.S. Customs and Border Protection, an immigration officer, or an immigration judge specifically determines that the alien is a threat to himself or herself or to the public. (3) Exceptions.--Alternatives to detention programs shall not be available to any individual-- (A) who is detained pursuant to section 236A of the Immigration and Nationality Act (8 U.S.C. 1226a); or (B) for whom release on bond or recognizance is determined to be a sufficient measure to ensure appearances at immigration proceedings and public safety. (d) Coordinator of Alternatives to Detention.-- (1) In general.--Not later than 30 days after the date of the enactment of this Act, the Secretary shall-- (A) establish within the Department of Homeland Security the position of Coordinator of Alternatives to Detention (referred to in this subsection as the ``Coordinator''), who shall report directly to the Secretary; and (B) appoint the Coordinator. (2) Resources.--The Secretary shall make available to the Coordinator such personnel, funds, and other resources as may be appropriate to enable the Coordinator to carry out the mission described in paragraph (3)(A). (3) Mission and duties.-- (A) Mission.--The mission of the Coordinator shall be to coordinate, in collaboration with the executive departments, the use of alternatives to detention programs. (B) Duties of coordinator.-- (i) In general.--The Coordinator shall-- (I) serve as the primary point of contact within the executive branch for Congress, State and local governments, the private sector, and community leaders with respect to the alternatives to detention programs; and (II) in coordination with the executive departments, with respect to Congress, State and local governments, the private sector, and community leaders, manage information flow about, requests for actions relating to, and discussions on, such programs. (ii) Reports required.-- (I) Monthly reports.--Not later than 30 days after the date on which the Coordinator is appointed, and every 30 days thereafter, the Coordinator shall submit a report to Congress that includes, for the reporting period-- (aa) the number of individuals detained under the immigration laws-- (AA) pending a decision on whether the individual is to be removed; and (BB) after the issuance of a removal order; (bb) an assessment whether any individual described in item (aa) is subject to the special rule under subsection (c)(2)(B); and (cc) the number of individuals participating in an alternatives to detention program established under subsection (a), disaggregated by the level of supervision of such individuals. (II) Annual reports.--Not later than 1 year after the date on which the Coordinator is appointed, and annually thereafter, the Coordinator shall submit a report to Congress that includes-- (aa) guidance and requirements for referral and placement decisions in alternatives to detention programs; (bb) information on enrollment in alternatives to detention programs, disaggregated by field office; (cc) information on the length of enrollment in alternatives to detention programs, disaggregated by type of alternative to detention program; and (dd) information on the population enrolled in alternatives to detention programs, disaggregated by type of alternative to detention program and point of apprehension. (C) Duties of executive departments.--The heads of the executive departments shall-- (i) respond promptly to any request by the Coordinator; (ii) consistent with applicable law, provide such information as the Coordinator considers necessary to carry out the mission of the Coordinator; and (iii) otherwise cooperate with the Coordinator to the maximum extent practicable to facilitate the performance of the mission described in subparagraph (A). (e) GAO Study and Report.--The Comptroller General of the United States shall-- (1) conduct a study on the use and effectiveness of the alternatives to detention programs established pursuant to subsection (a); and (2) not later than 2 years after the date of the enactment of this Act, submit a report to Congress that contains the results of the study conducted pursuant to paragraph (1). SEC. 4. SAVINGS PROVISIONS. (a) Federal Law.--Nothing in this Act may be construed to supersede or modify-- (1) the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232 et seq.); (2) the Stipulated Settlement Agreement filed in the United States District Court for the Central District of California on January 17, 1997 (CV 85-4544-RJK) (commonly known as the ``Flores Settlement Agreement''); (3) the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.); or (4) any applicable Federal child welfare law, including the Adoption and Safe Families Act of 1997 (Public Law 105-89). (b) State Law.--Nothing in this Act may be construed to supersede or modify any applicable State child welfare law. <all>

Alternatives to Detention Act of 2021

To require the Secretary of Homeland Security to use alternatives to detention for certain vulnerable immigrant populations, and for other purposes.

Alternatives to Detention Act of 2021

Rep. Brown, Anthony G.

D

MD

This bill requires the Department of Homeland Security (DHS) to establish programs that are alternatives to detention for immigration enforcement and addresses related issues. Such programs must be available regardless of whether an alien is subject to a removal order or whether a charge of removability is pending, but shall not be available to certain aliens, such as those subject to mandatory detention. DHS or an immigration judge must determine, within 72 hours of an individual being taken into custody for immigration enforcement, the appropriate level of supervision for the individual and whether the individual may participate in such an alternative program. For a member of a vulnerable population (such as a victim of trafficking) or a caregiver (such as a parent of a minor), there must be a presumption that such an individual must be placed in a community-based supervision program. DHS must restore the Family Case Management Program as an alternative to detention. This program must provide community supervision and community support services through a contract with a nongovernmental organization. DHS must establish a Coordinator of Alternatives to Detention position. The Government Accountability Office must report on the use and effectiveness of the programs established under this bill.

Be it enacted by the Senate 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 Detention Act of 2021''. 2. DEFINITIONS. (4) Family member.--The term ``family member'', with respect to an individual receiving personal care services or financial support, means an individual who is-- (A) a parent or legal guardian; (B) a spouse; (C) a child; (D) a step-family member; or (E) an extended family member. 1101(a)(17)). (9) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. 3. ALTERNATIVES TO DETENTION UNDER THE IMMIGRATION LAWS. (3) Continuum of supervision.--The programs required under paragraph (1) shall provide for a continuum of supervision mechanisms and options, including community-based supervision and community support. (4) Contracts with nongovernmental organizations.--The Secretary may contract with one or more nongovernmental organizations to provide services under this subsection and subsection (b). (2) Presumption for placement in alternatives to detention program.-- (A) In general.--There shall be a presumption for placement in an alternatives to detention program that is a community-based supervision program for any alien who is-- (i) taken into the physical custody of the Department of Homeland Security; and (ii) a member of a vulnerable population, a parent of a child who is younger than 18 years of age, a dependent caregiver, or a family caregiver. 1226a); or (B) for whom release on bond or recognizance is determined to be a sufficient measure to ensure appearances at immigration proceedings and public safety. (ii) Reports required.-- (I) Monthly reports.--Not later than 30 days after the date on which the Coordinator is appointed, and every 30 days thereafter, the Coordinator shall submit a report to Congress that includes, for the reporting period-- (aa) the number of individuals detained under the immigration laws-- (AA) pending a decision on whether the individual is to be removed; and (BB) after the issuance of a removal order; (bb) an assessment whether any individual described in item (aa) is subject to the special rule under subsection (c)(2)(B); and (cc) the number of individuals participating in an alternatives to detention program established under subsection (a), disaggregated by the level of supervision of such individuals. (C) Duties of executive departments.--The heads of the executive departments shall-- (i) respond promptly to any request by the Coordinator; (ii) consistent with applicable law, provide such information as the Coordinator considers necessary to carry out the mission of the Coordinator; and (iii) otherwise cooperate with the Coordinator to the maximum extent practicable to facilitate the performance of the mission described in subparagraph (A). SEC. SAVINGS PROVISIONS. (a) Federal Law.--Nothing in this Act may be construed to supersede or modify-- (1) the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 101 et seq.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. This Act may be cited as the ``Alternatives to Detention Act of 2021''. 2. (4) Family member.--The term ``family member'', with respect to an individual receiving personal care services or financial support, means an individual who is-- (A) a parent or legal guardian; (B) a spouse; (C) a child; (D) a step-family member; or (E) an extended family member. 1101(a)(17)). (9) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. 3. ALTERNATIVES TO DETENTION UNDER THE IMMIGRATION LAWS. (3) Continuum of supervision.--The programs required under paragraph (1) shall provide for a continuum of supervision mechanisms and options, including community-based supervision and community support. (4) Contracts with nongovernmental organizations.--The Secretary may contract with one or more nongovernmental organizations to provide services under this subsection and subsection (b). (2) Presumption for placement in alternatives to detention program.-- (A) In general.--There shall be a presumption for placement in an alternatives to detention program that is a community-based supervision program for any alien who is-- (i) taken into the physical custody of the Department of Homeland Security; and (ii) a member of a vulnerable population, a parent of a child who is younger than 18 years of age, a dependent caregiver, or a family caregiver. (C) Duties of executive departments.--The heads of the executive departments shall-- (i) respond promptly to any request by the Coordinator; (ii) consistent with applicable law, provide such information as the Coordinator considers necessary to carry out the mission of the Coordinator; and (iii) otherwise cooperate with the Coordinator to the maximum extent practicable to facilitate the performance of the mission described in subparagraph (A). SEC. 101 et seq.

Be it enacted by the Senate 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 Detention Act of 2021''. 2. DEFINITIONS. (3) Family caregiver.--The term ``family caregiver'' means an individual who lives with, and provides more than \1/2\ of the personal care required by, a family member who is-- (A) younger than 18 years of age; or (B) unable to engage in substantial employment due to a physical or mental health condition or disability. (4) Family member.--The term ``family member'', with respect to an individual receiving personal care services or financial support, means an individual who is-- (A) a parent or legal guardian; (B) a spouse; (C) a child; (D) a step-family member; or (E) an extended family member. 1101(a)(17)). (9) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. 3. ALTERNATIVES TO DETENTION UNDER THE IMMIGRATION LAWS. (3) Continuum of supervision.--The programs required under paragraph (1) shall provide for a continuum of supervision mechanisms and options, including community-based supervision and community support. (4) Contracts with nongovernmental organizations.--The Secretary may contract with one or more nongovernmental organizations to provide services under this subsection and subsection (b). (2) Presumption for placement in alternatives to detention program.-- (A) In general.--There shall be a presumption for placement in an alternatives to detention program that is a community-based supervision program for any alien who is-- (i) taken into the physical custody of the Department of Homeland Security; and (ii) a member of a vulnerable population, a parent of a child who is younger than 18 years of age, a dependent caregiver, or a family caregiver. (B) Exception.--The presumption described in subparagraph (A) shall not apply if the Secretary, the Commissioner of U.S. Customs and Border Protection, an immigration officer, or an immigration judge specifically determines that the alien is a threat to himself or herself or to the public. 1226a); or (B) for whom release on bond or recognizance is determined to be a sufficient measure to ensure appearances at immigration proceedings and public safety. (ii) Reports required.-- (I) Monthly reports.--Not later than 30 days after the date on which the Coordinator is appointed, and every 30 days thereafter, the Coordinator shall submit a report to Congress that includes, for the reporting period-- (aa) the number of individuals detained under the immigration laws-- (AA) pending a decision on whether the individual is to be removed; and (BB) after the issuance of a removal order; (bb) an assessment whether any individual described in item (aa) is subject to the special rule under subsection (c)(2)(B); and (cc) the number of individuals participating in an alternatives to detention program established under subsection (a), disaggregated by the level of supervision of such individuals. (C) Duties of executive departments.--The heads of the executive departments shall-- (i) respond promptly to any request by the Coordinator; (ii) consistent with applicable law, provide such information as the Coordinator considers necessary to carry out the mission of the Coordinator; and (iii) otherwise cooperate with the Coordinator to the maximum extent practicable to facilitate the performance of the mission described in subparagraph (A). (e) GAO Study and Report.--The Comptroller General of the United States shall-- (1) conduct a study on the use and effectiveness of the alternatives to detention programs established pursuant to subsection (a); and (2) not later than 2 years after the date of the enactment of this Act, submit a report to Congress that contains the results of the study conducted pursuant to paragraph (1). SEC. SAVINGS PROVISIONS. (a) Federal Law.--Nothing in this Act may be construed to supersede or modify-- (1) the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. ); (2) the Stipulated Settlement Agreement filed in the United States District Court for the Central District of California on January 17, 1997 (CV 85-4544-RJK) (commonly known as the ``Flores Settlement Agreement''); (3) the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.

Be it enacted by the Senate 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 Detention Act of 2021''. 2. DEFINITIONS. (3) Family caregiver.--The term ``family caregiver'' means an individual who lives with, and provides more than \1/2\ of the personal care required by, a family member who is-- (A) younger than 18 years of age; or (B) unable to engage in substantial employment due to a physical or mental health condition or disability. (4) Family member.--The term ``family member'', with respect to an individual receiving personal care services or financial support, means an individual who is-- (A) a parent or legal guardian; (B) a spouse; (C) a child; (D) a step-family member; or (E) an extended family member. 1101(a)(17)). (8) Parent.--The term ``parent'' means a biological or adoptive parent of a child, whose parental rights have not been relinquished or terminated under State law or the law of a foreign country. (9) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. 3. ALTERNATIVES TO DETENTION UNDER THE IMMIGRATION LAWS. (3) Continuum of supervision.--The programs required under paragraph (1) shall provide for a continuum of supervision mechanisms and options, including community-based supervision and community support. (4) Contracts with nongovernmental organizations.--The Secretary may contract with one or more nongovernmental organizations to provide services under this subsection and subsection (b). (b) Restoration of the Family Case Management Program.--Not later than 7 days after the date of the enactment of this Act, the Secretary shall fully restore the U.S. Immigration and Customs Enforcement Family Case Management Program, as constituted on January 21, 2016, which shall-- (1) provide community supervision and community support services, including case management services, appearance services, and screening of aliens who have been detained; and (2) be carried out through a contract with a nongovernmental organization that has demonstrated expertise in providing such supervision and support services. (2) Presumption for placement in alternatives to detention program.-- (A) In general.--There shall be a presumption for placement in an alternatives to detention program that is a community-based supervision program for any alien who is-- (i) taken into the physical custody of the Department of Homeland Security; and (ii) a member of a vulnerable population, a parent of a child who is younger than 18 years of age, a dependent caregiver, or a family caregiver. (B) Exception.--The presumption described in subparagraph (A) shall not apply if the Secretary, the Commissioner of U.S. Customs and Border Protection, an immigration officer, or an immigration judge specifically determines that the alien is a threat to himself or herself or to the public. 1226a); or (B) for whom release on bond or recognizance is determined to be a sufficient measure to ensure appearances at immigration proceedings and public safety. (2) Resources.--The Secretary shall make available to the Coordinator such personnel, funds, and other resources as may be appropriate to enable the Coordinator to carry out the mission described in paragraph (3)(A). (B) Duties of coordinator.-- (i) In general.--The Coordinator shall-- (I) serve as the primary point of contact within the executive branch for Congress, State and local governments, the private sector, and community leaders with respect to the alternatives to detention programs; and (II) in coordination with the executive departments, with respect to Congress, State and local governments, the private sector, and community leaders, manage information flow about, requests for actions relating to, and discussions on, such programs. (ii) Reports required.-- (I) Monthly reports.--Not later than 30 days after the date on which the Coordinator is appointed, and every 30 days thereafter, the Coordinator shall submit a report to Congress that includes, for the reporting period-- (aa) the number of individuals detained under the immigration laws-- (AA) pending a decision on whether the individual is to be removed; and (BB) after the issuance of a removal order; (bb) an assessment whether any individual described in item (aa) is subject to the special rule under subsection (c)(2)(B); and (cc) the number of individuals participating in an alternatives to detention program established under subsection (a), disaggregated by the level of supervision of such individuals. (C) Duties of executive departments.--The heads of the executive departments shall-- (i) respond promptly to any request by the Coordinator; (ii) consistent with applicable law, provide such information as the Coordinator considers necessary to carry out the mission of the Coordinator; and (iii) otherwise cooperate with the Coordinator to the maximum extent practicable to facilitate the performance of the mission described in subparagraph (A). (e) GAO Study and Report.--The Comptroller General of the United States shall-- (1) conduct a study on the use and effectiveness of the alternatives to detention programs established pursuant to subsection (a); and (2) not later than 2 years after the date of the enactment of this Act, submit a report to Congress that contains the results of the study conducted pursuant to paragraph (1). SEC. SAVINGS PROVISIONS. (a) Federal Law.--Nothing in this Act may be construed to supersede or modify-- (1) the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. ); (2) the Stipulated Settlement Agreement filed in the United States District Court for the Central District of California on January 17, 1997 (CV 85-4544-RJK) (commonly known as the ``Flores Settlement Agreement''); (3) the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.

To require the Secretary of Homeland Security to use alternatives to detention for certain vulnerable immigrant populations, and for other purposes. In this Act: (1) Dependent caregiver.--The term ``dependent caregiver'' means an individual who lives with, and provides more than \1/ 2\ of the financial support required by, a family member who is-- (A) younger than 18 years of age; or (B) unable to engage in substantial employment due to a physical or mental health condition or disability. ( (5) Immigration laws.--The term ``immigration laws'' has the meaning given such term in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17)). ( 8) Parent.--The term ``parent'' means a biological or adoptive parent of a child, whose parental rights have not been relinquished or terminated under State law or the law of a foreign country. ( ALTERNATIVES TO DETENTION UNDER THE IMMIGRATION LAWS. ( 4) Contracts with nongovernmental organizations.--The Secretary may contract with one or more nongovernmental organizations to provide services under this subsection and subsection (b). ( 2) Presumption for placement in alternatives to detention program.-- (A) In general.--There shall be a presumption for placement in an alternatives to detention program that is a community-based supervision program for any alien who is-- (i) taken into the physical custody of the Department of Homeland Security; and (ii) a member of a vulnerable population, a parent of a child who is younger than 18 years of age, a dependent caregiver, or a family caregiver. ( B) Exception.--The presumption described in subparagraph (A) shall not apply if the Secretary, the Commissioner of U.S. Customs and Border Protection, an immigration officer, or an immigration judge specifically determines that the alien is a threat to himself or herself or to the public. ( 1226a); or (B) for whom release on bond or recognizance is determined to be a sufficient measure to ensure appearances at immigration proceedings and public safety. ( 2) Resources.--The Secretary shall make available to the Coordinator such personnel, funds, and other resources as may be appropriate to enable the Coordinator to carry out the mission described in paragraph (3)(A). ( (C) Duties of executive departments.--The heads of the executive departments shall-- (i) respond promptly to any request by the Coordinator; (ii) consistent with applicable law, provide such information as the Coordinator considers necessary to carry out the mission of the Coordinator; and (iii) otherwise cooperate with the Coordinator to the maximum extent practicable to facilitate the performance of the mission described in subparagraph (A). ( a) Federal Law.--Nothing in this Act may be construed to supersede or modify-- (1) the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232 et seq. ); ( (b) State Law.--Nothing in this Act may be construed to supersede or modify any applicable State child welfare law.

To require the Secretary of Homeland Security to use alternatives to detention for certain vulnerable immigrant populations, and for other purposes. 3) Family caregiver.--The term ``family caregiver'' means an individual who lives with, and provides more than \1/2\ of the personal care required by, a family member who is-- (A) younger than 18 years of age; or (B) unable to engage in substantial employment due to a physical or mental health condition or disability. ( 8) Parent.--The term ``parent'' means a biological or adoptive parent of a child, whose parental rights have not been relinquished or terminated under State law or the law of a foreign country. ( 4) Contracts with nongovernmental organizations.--The Secretary may contract with one or more nongovernmental organizations to provide services under this subsection and subsection (b). 2) Presumption for placement in alternatives to detention program.-- (A) In general.--There shall be a presumption for placement in an alternatives to detention program that is a community-based supervision program for any alien who is-- (i) taken into the physical custody of the Department of Homeland Security; and (ii) a member of a vulnerable population, a parent of a child who is younger than 18 years of age, a dependent caregiver, or a family caregiver. ( B) Exception.--The presumption described in subparagraph (A) shall not apply if the Secretary, the Commissioner of U.S. Customs and Border Protection, an immigration officer, or an immigration judge specifically determines that the alien is a threat to himself or herself or to the public. ( (d) Coordinator of Alternatives to Detention.-- (1) In general.--Not later than 30 days after the date of the enactment of this Act, the Secretary shall-- (A) establish within the Department of Homeland Security the position of Coordinator of Alternatives to Detention (referred to in this subsection as the ``Coordinator''), who shall report directly to the Secretary; and (B) appoint the Coordinator. ( 3) Mission and duties.-- (A) Mission.--The mission of the Coordinator shall be to coordinate, in collaboration with the executive departments, the use of alternatives to detention programs. ( C) Duties of executive departments.--The heads of the executive departments shall-- (i) respond promptly to any request by the Coordinator; (ii) consistent with applicable law, provide such information as the Coordinator considers necessary to carry out the mission of the Coordinator; and (iii) otherwise cooperate with the Coordinator to the maximum extent practicable to facilitate the performance of the mission described in subparagraph (A). ( a) Federal Law.--Nothing in this Act may be construed to supersede or modify-- (1) the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232 et seq. ); (

To require the Secretary of Homeland Security to use alternatives to detention for certain vulnerable immigrant populations, and for other purposes. 3) Family caregiver.--The term ``family caregiver'' means an individual who lives with, and provides more than \1/2\ of the personal care required by, a family member who is-- (A) younger than 18 years of age; or (B) unable to engage in substantial employment due to a physical or mental health condition or disability. ( 8) Parent.--The term ``parent'' means a biological or adoptive parent of a child, whose parental rights have not been relinquished or terminated under State law or the law of a foreign country. ( 4) Contracts with nongovernmental organizations.--The Secretary may contract with one or more nongovernmental organizations to provide services under this subsection and subsection (b). 2) Presumption for placement in alternatives to detention program.-- (A) In general.--There shall be a presumption for placement in an alternatives to detention program that is a community-based supervision program for any alien who is-- (i) taken into the physical custody of the Department of Homeland Security; and (ii) a member of a vulnerable population, a parent of a child who is younger than 18 years of age, a dependent caregiver, or a family caregiver. ( B) Exception.--The presumption described in subparagraph (A) shall not apply if the Secretary, the Commissioner of U.S. Customs and Border Protection, an immigration officer, or an immigration judge specifically determines that the alien is a threat to himself or herself or to the public. ( (d) Coordinator of Alternatives to Detention.-- (1) In general.--Not later than 30 days after the date of the enactment of this Act, the Secretary shall-- (A) establish within the Department of Homeland Security the position of Coordinator of Alternatives to Detention (referred to in this subsection as the ``Coordinator''), who shall report directly to the Secretary; and (B) appoint the Coordinator. ( 3) Mission and duties.-- (A) Mission.--The mission of the Coordinator shall be to coordinate, in collaboration with the executive departments, the use of alternatives to detention programs. ( C) Duties of executive departments.--The heads of the executive departments shall-- (i) respond promptly to any request by the Coordinator; (ii) consistent with applicable law, provide such information as the Coordinator considers necessary to carry out the mission of the Coordinator; and (iii) otherwise cooperate with the Coordinator to the maximum extent practicable to facilitate the performance of the mission described in subparagraph (A). ( a) Federal Law.--Nothing in this Act may be construed to supersede or modify-- (1) the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232 et seq. ); (

To require the Secretary of Homeland Security to use alternatives to detention for certain vulnerable immigrant populations, and for other purposes. In this Act: (1) Dependent caregiver.--The term ``dependent caregiver'' means an individual who lives with, and provides more than \1/ 2\ of the financial support required by, a family member who is-- (A) younger than 18 years of age; or (B) unable to engage in substantial employment due to a physical or mental health condition or disability. ( (5) Immigration laws.--The term ``immigration laws'' has the meaning given such term in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17)). ( 8) Parent.--The term ``parent'' means a biological or adoptive parent of a child, whose parental rights have not been relinquished or terminated under State law or the law of a foreign country. ( ALTERNATIVES TO DETENTION UNDER THE IMMIGRATION LAWS. ( 4) Contracts with nongovernmental organizations.--The Secretary may contract with one or more nongovernmental organizations to provide services under this subsection and subsection (b). ( 2) Presumption for placement in alternatives to detention program.-- (A) In general.--There shall be a presumption for placement in an alternatives to detention program that is a community-based supervision program for any alien who is-- (i) taken into the physical custody of the Department of Homeland Security; and (ii) a member of a vulnerable population, a parent of a child who is younger than 18 years of age, a dependent caregiver, or a family caregiver. ( B) Exception.--The presumption described in subparagraph (A) shall not apply if the Secretary, the Commissioner of U.S. Customs and Border Protection, an immigration officer, or an immigration judge specifically determines that the alien is a threat to himself or herself or to the public. ( 1226a); or (B) for whom release on bond or recognizance is determined to be a sufficient measure to ensure appearances at immigration proceedings and public safety. ( 2) Resources.--The Secretary shall make available to the Coordinator such personnel, funds, and other resources as may be appropriate to enable the Coordinator to carry out the mission described in paragraph (3)(A). ( (C) Duties of executive departments.--The heads of the executive departments shall-- (i) respond promptly to any request by the Coordinator; (ii) consistent with applicable law, provide such information as the Coordinator considers necessary to carry out the mission of the Coordinator; and (iii) otherwise cooperate with the Coordinator to the maximum extent practicable to facilitate the performance of the mission described in subparagraph (A). ( a) Federal Law.--Nothing in this Act may be construed to supersede or modify-- (1) the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232 et seq. ); ( (b) State Law.--Nothing in this Act may be construed to supersede or modify any applicable State child welfare law.

To require the Secretary of Homeland Security to use alternatives to detention for certain vulnerable immigrant populations, and for other purposes. 3) Family caregiver.--The term ``family caregiver'' means an individual who lives with, and provides more than \1/2\ of the personal care required by, a family member who is-- (A) younger than 18 years of age; or (B) unable to engage in substantial employment due to a physical or mental health condition or disability. ( 8) Parent.--The term ``parent'' means a biological or adoptive parent of a child, whose parental rights have not been relinquished or terminated under State law or the law of a foreign country. ( 4) Contracts with nongovernmental organizations.--The Secretary may contract with one or more nongovernmental organizations to provide services under this subsection and subsection (b). 2) Presumption for placement in alternatives to detention program.-- (A) In general.--There shall be a presumption for placement in an alternatives to detention program that is a community-based supervision program for any alien who is-- (i) taken into the physical custody of the Department of Homeland Security; and (ii) a member of a vulnerable population, a parent of a child who is younger than 18 years of age, a dependent caregiver, or a family caregiver. ( B) Exception.--The presumption described in subparagraph (A) shall not apply if the Secretary, the Commissioner of U.S. Customs and Border Protection, an immigration officer, or an immigration judge specifically determines that the alien is a threat to himself or herself or to the public. ( (d) Coordinator of Alternatives to Detention.-- (1) In general.--Not later than 30 days after the date of the enactment of this Act, the Secretary shall-- (A) establish within the Department of Homeland Security the position of Coordinator of Alternatives to Detention (referred to in this subsection as the ``Coordinator''), who shall report directly to the Secretary; and (B) appoint the Coordinator. ( 3) Mission and duties.-- (A) Mission.--The mission of the Coordinator shall be to coordinate, in collaboration with the executive departments, the use of alternatives to detention programs. ( C) Duties of executive departments.--The heads of the executive departments shall-- (i) respond promptly to any request by the Coordinator; (ii) consistent with applicable law, provide such information as the Coordinator considers necessary to carry out the mission of the Coordinator; and (iii) otherwise cooperate with the Coordinator to the maximum extent practicable to facilitate the performance of the mission described in subparagraph (A). ( a) Federal Law.--Nothing in this Act may be construed to supersede or modify-- (1) the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232 et seq. ); (

To require the Secretary of Homeland Security to use alternatives to detention for certain vulnerable immigrant populations, and for other purposes. In this Act: (1) Dependent caregiver.--The term ``dependent caregiver'' means an individual who lives with, and provides more than \1/ 2\ of the financial support required by, a family member who is-- (A) younger than 18 years of age; or (B) unable to engage in substantial employment due to a physical or mental health condition or disability. ( (5) Immigration laws.--The term ``immigration laws'' has the meaning given such term in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17)). ( 8) Parent.--The term ``parent'' means a biological or adoptive parent of a child, whose parental rights have not been relinquished or terminated under State law or the law of a foreign country. ( ALTERNATIVES TO DETENTION UNDER THE IMMIGRATION LAWS. ( 4) Contracts with nongovernmental organizations.--The Secretary may contract with one or more nongovernmental organizations to provide services under this subsection and subsection (b). ( 2) Presumption for placement in alternatives to detention program.-- (A) In general.--There shall be a presumption for placement in an alternatives to detention program that is a community-based supervision program for any alien who is-- (i) taken into the physical custody of the Department of Homeland Security; and (ii) a member of a vulnerable population, a parent of a child who is younger than 18 years of age, a dependent caregiver, or a family caregiver. ( B) Exception.--The presumption described in subparagraph (A) shall not apply if the Secretary, the Commissioner of U.S. Customs and Border Protection, an immigration officer, or an immigration judge specifically determines that the alien is a threat to himself or herself or to the public. ( 1226a); or (B) for whom release on bond or recognizance is determined to be a sufficient measure to ensure appearances at immigration proceedings and public safety. ( 2) Resources.--The Secretary shall make available to the Coordinator such personnel, funds, and other resources as may be appropriate to enable the Coordinator to carry out the mission described in paragraph (3)(A). ( (C) Duties of executive departments.--The heads of the executive departments shall-- (i) respond promptly to any request by the Coordinator; (ii) consistent with applicable law, provide such information as the Coordinator considers necessary to carry out the mission of the Coordinator; and (iii) otherwise cooperate with the Coordinator to the maximum extent practicable to facilitate the performance of the mission described in subparagraph (A). ( a) Federal Law.--Nothing in this Act may be construed to supersede or modify-- (1) the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232 et seq. ); ( (b) State Law.--Nothing in this Act may be construed to supersede or modify any applicable State child welfare law.

To require the Secretary of Homeland Security to use alternatives to detention for certain vulnerable immigrant populations, and for other purposes. 3) Family caregiver.--The term ``family caregiver'' means an individual who lives with, and provides more than \1/2\ of the personal care required by, a family member who is-- (A) younger than 18 years of age; or (B) unable to engage in substantial employment due to a physical or mental health condition or disability. ( 8) Parent.--The term ``parent'' means a biological or adoptive parent of a child, whose parental rights have not been relinquished or terminated under State law or the law of a foreign country. ( 4) Contracts with nongovernmental organizations.--The Secretary may contract with one or more nongovernmental organizations to provide services under this subsection and subsection (b). 2) Presumption for placement in alternatives to detention program.-- (A) In general.--There shall be a presumption for placement in an alternatives to detention program that is a community-based supervision program for any alien who is-- (i) taken into the physical custody of the Department of Homeland Security; and (ii) a member of a vulnerable population, a parent of a child who is younger than 18 years of age, a dependent caregiver, or a family caregiver. ( B) Exception.--The presumption described in subparagraph (A) shall not apply if the Secretary, the Commissioner of U.S. Customs and Border Protection, an immigration officer, or an immigration judge specifically determines that the alien is a threat to himself or herself or to the public. ( (d) Coordinator of Alternatives to Detention.-- (1) In general.--Not later than 30 days after the date of the enactment of this Act, the Secretary shall-- (A) establish within the Department of Homeland Security the position of Coordinator of Alternatives to Detention (referred to in this subsection as the ``Coordinator''), who shall report directly to the Secretary; and (B) appoint the Coordinator. ( 3) Mission and duties.-- (A) Mission.--The mission of the Coordinator shall be to coordinate, in collaboration with the executive departments, the use of alternatives to detention programs. ( C) Duties of executive departments.--The heads of the executive departments shall-- (i) respond promptly to any request by the Coordinator; (ii) consistent with applicable law, provide such information as the Coordinator considers necessary to carry out the mission of the Coordinator; and (iii) otherwise cooperate with the Coordinator to the maximum extent practicable to facilitate the performance of the mission described in subparagraph (A). ( a) Federal Law.--Nothing in this Act may be construed to supersede or modify-- (1) the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232 et seq. ); (

To require the Secretary of Homeland Security to use alternatives to detention for certain vulnerable immigrant populations, and for other purposes. In this Act: (1) Dependent caregiver.--The term ``dependent caregiver'' means an individual who lives with, and provides more than \1/ 2\ of the financial support required by, a family member who is-- (A) younger than 18 years of age; or (B) unable to engage in substantial employment due to a physical or mental health condition or disability. ( (5) Immigration laws.--The term ``immigration laws'' has the meaning given such term in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17)). ( 8) Parent.--The term ``parent'' means a biological or adoptive parent of a child, whose parental rights have not been relinquished or terminated under State law or the law of a foreign country. ( ALTERNATIVES TO DETENTION UNDER THE IMMIGRATION LAWS. ( 4) Contracts with nongovernmental organizations.--The Secretary may contract with one or more nongovernmental organizations to provide services under this subsection and subsection (b). ( 2) Presumption for placement in alternatives to detention program.-- (A) In general.--There shall be a presumption for placement in an alternatives to detention program that is a community-based supervision program for any alien who is-- (i) taken into the physical custody of the Department of Homeland Security; and (ii) a member of a vulnerable population, a parent of a child who is younger than 18 years of age, a dependent caregiver, or a family caregiver. ( B) Exception.--The presumption described in subparagraph (A) shall not apply if the Secretary, the Commissioner of U.S. Customs and Border Protection, an immigration officer, or an immigration judge specifically determines that the alien is a threat to himself or herself or to the public. ( 1226a); or (B) for whom release on bond or recognizance is determined to be a sufficient measure to ensure appearances at immigration proceedings and public safety. ( 2) Resources.--The Secretary shall make available to the Coordinator such personnel, funds, and other resources as may be appropriate to enable the Coordinator to carry out the mission described in paragraph (3)(A). ( (C) Duties of executive departments.--The heads of the executive departments shall-- (i) respond promptly to any request by the Coordinator; (ii) consistent with applicable law, provide such information as the Coordinator considers necessary to carry out the mission of the Coordinator; and (iii) otherwise cooperate with the Coordinator to the maximum extent practicable to facilitate the performance of the mission described in subparagraph (A). ( a) Federal Law.--Nothing in this Act may be construed to supersede or modify-- (1) the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232 et seq. ); ( (b) State Law.--Nothing in this Act may be construed to supersede or modify any applicable State child welfare law.

To require the Secretary of Homeland Security to use alternatives to detention for certain vulnerable immigrant populations, and for other purposes. d) Coordinator of Alternatives to Detention.-- (1) In general.--Not later than 30 days after the date of the enactment of this Act, the Secretary shall-- (A) establish within the Department of Homeland Security the position of Coordinator of Alternatives to Detention (referred to in this subsection as the ``Coordinator''), who shall report directly to the Secretary; and (B) appoint the Coordinator. ( ( C) Duties of executive departments.--The heads of the executive departments shall-- (i) respond promptly to any request by the Coordinator; (ii) consistent with applicable law, provide such information as the Coordinator considers necessary to carry out the mission of the Coordinator; and (iii) otherwise cooperate with the Coordinator to the maximum extent practicable to facilitate the performance of the mission described in subparagraph (A). ( a) Federal Law.--Nothing in this Act may be construed to supersede or modify-- (1) the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232 et seq. ); (

To require the Secretary of Homeland Security to use alternatives to detention for certain vulnerable immigrant populations, and for other purposes. 5) Immigration laws.--The term ``immigration laws'' has the meaning given such term in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17)). ( ( 2) Presumption for placement in alternatives to detention program.-- (A) In general.--There shall be a presumption for placement in an alternatives to detention program that is a community-based supervision program for any alien who is-- (i) taken into the physical custody of the Department of Homeland Security; and (ii) a member of a vulnerable population, a parent of a child who is younger than 18 years of age, a dependent caregiver, or a family caregiver. ( (C) Duties of executive departments.--The heads of the executive departments shall-- (i) respond promptly to any request by the Coordinator; (ii) consistent with applicable law, provide such information as the Coordinator considers necessary to carry out the mission of the Coordinator; and (iii) otherwise cooperate with the Coordinator to the maximum extent practicable to facilitate the performance of the mission described in subparagraph (A). ( a) Federal Law.--Nothing in this Act may be construed to supersede or modify-- (1) the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232 et seq. ); ( ( b) State Law.--Nothing in this Act may be construed to supersede or modify any applicable State child welfare law.

Alternatives to Detention Act of 2021 This bill directs the Department of Homeland Security (DHS) to establish programs to provide alternatives to detention for certain vulnerable immigrant populations, and for other purposes. DHS may contract with one or more nongovernmental organizations to provide such services. DHS must restore the Family Case Management Program through a community-based supervision and community support program. DHS shall provide Directs the Secretary of Homeland Security (DHS) to establish within DHS the position of Coordinator of Alternatives to Detention. (Sec. 4) Requires the Coordinator to: (1) serve as the primary point of contact within the executive branch for Congress, State and local governments, the private sector, and community leaders with respect to the alternatives to detention programs; and (2)

S.2795

Immigration

Alternatives to Detention Act of 2021 This bill requires the Department of Homeland Security (DHS) to establish programs that are alternatives to detention for immigration enforcement and addresses related issues. Such programs must be available regardless of whether an alien is subject to a removal order or whether a charge of removability is pending, but shall not be available to certain aliens, such as those subject to mandatory detention. DHS or an immigration judge must determine, within 72 hours of an individual being taken into custody for immigration enforcement, the appropriate level of supervision for the individual and whether the individual may participate in such an alternative program. For a member of a vulnerable population (such as a victim of trafficking) or a caregiver (such as a parent of a minor), there must be a presumption that such an individual must be placed in a community-based supervision program. DHS must restore the Family Case Management Program as an alternative to detention. This program must provide community supervision and community support services through a contract with a nongovernmental organization. DHS must establish a Coordinator of Alternatives to Detention position. The Government Accountability Office must report on the use and effectiveness of the programs established under this bill.

To require the Secretary of Homeland Security to use alternatives to detention for certain vulnerable immigrant populations, and for other purposes. Be it enacted by the Senate 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 Detention Act of 2021''. SEC. 2. DEFINITIONS. In this Act: (1) Dependent caregiver.--The term ``dependent caregiver'' means an individual who lives with, and provides more than \1/ 2\ of the financial support required by, a family member who is-- (A) younger than 18 years of age; or (B) unable to engage in substantial employment due to a physical or mental health condition or disability. (2) Executive departments.--The term ``executive departments'' means the Federal Departments listed under section 101 of title 5, United States Code. (3) Family caregiver.--The term ``family caregiver'' means an individual who lives with, and provides more than \1/2\ of the personal care required by, a family member who is-- (A) younger than 18 years of age; or (B) unable to engage in substantial employment due to a physical or mental health condition or disability. (4) Family member.--The term ``family member'', with respect to an individual receiving personal care services or financial support, means an individual who is-- (A) a parent or legal guardian; (B) a spouse; (C) a child; (D) a step-family member; or (E) an extended family member. (5) Immigration laws.--The term ``immigration laws'' has the meaning given such term in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17)). (6) Legal guardian.--The term ``legal guardian'' means a legal guardian, as defined under State law or under the law of a foreign country. (7) Member of a vulnerable population.--The term ``member of a vulnerable population'' means an individual who-- (A) is an asylum seeker or is otherwise seeking lawful status; (B) is a victim of torture or trafficking; (C) has special religious, cultural, or spiritual considerations; (D) is pregnant or nursing; (E) is younger than 21 years of age; (F) is older than 60 years of age; (G) identifies as gay, lesbian, bisexual, transgender, or intersex; (H) is a victim or a witness of a crime; (I) has a mental disorder or physical disability; or (J) is experiencing severe trauma or is a survivor of torture or gender-based violence, as determined by an immigration judge or the Secretary based on information obtained-- (i) by the attorney or legal services provider of the individual during the intake process; or (ii) through credible reporting by the individual. (8) Parent.--The term ``parent'' means a biological or adoptive parent of a child, whose parental rights have not been relinquished or terminated under State law or the law of a foreign country. (9) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. SEC. 3. ALTERNATIVES TO DETENTION UNDER THE IMMIGRATION LAWS. (a) Establishment.-- (1) In general.--The Secretary shall establish programs to provide alternatives to detention under the immigration laws. (2) Availability.--The programs required under paragraph (1) shall be available to an alien regardless of whether-- (A) a decision on a charge of removability with respect to the alien is pending; or (B) the alien is subject to an order of removal. (3) Continuum of supervision.--The programs required under paragraph (1) shall provide for a continuum of supervision mechanisms and options, including community-based supervision and community support. (4) Contracts with nongovernmental organizations.--The Secretary may contract with one or more nongovernmental organizations to provide services under this subsection and subsection (b). (b) Restoration of the Family Case Management Program.--Not later than 7 days after the date of the enactment of this Act, the Secretary shall fully restore the U.S. Immigration and Customs Enforcement Family Case Management Program, as constituted on January 21, 2016, which shall-- (1) provide community supervision and community support services, including case management services, appearance services, and screening of aliens who have been detained; and (2) be carried out through a contract with a nongovernmental organization that has demonstrated expertise in providing such supervision and support services. (c) Determination of Vulnerable Population or Caregiver Status Required.-- (1) In general.--Subject to paragraphs (2) and (3), not later than 72 hours after taking an individual into custody under the immigration laws, the Secretary, the Commissioner of U.S. Customs and Border Protection, an immigration officer, or an immigration judge shall make an individualized determination with respect to-- (A) whether the individual may participate in an alternatives to detention program, including the Family Case Management Program described in subsection (b); and (B) the appropriate level of supervision for such individual. (2) Presumption for placement in alternatives to detention program.-- (A) In general.--There shall be a presumption for placement in an alternatives to detention program that is a community-based supervision program for any alien who is-- (i) taken into the physical custody of the Department of Homeland Security; and (ii) a member of a vulnerable population, a parent of a child who is younger than 18 years of age, a dependent caregiver, or a family caregiver. (B) Exception.--The presumption described in subparagraph (A) shall not apply if the Secretary, the Commissioner of U.S. Customs and Border Protection, an immigration officer, or an immigration judge specifically determines that the alien is a threat to himself or herself or to the public. (3) Exceptions.--Alternatives to detention programs shall not be available to any individual-- (A) who is detained pursuant to section 236A of the Immigration and Nationality Act (8 U.S.C. 1226a); or (B) for whom release on bond or recognizance is determined to be a sufficient measure to ensure appearances at immigration proceedings and public safety. (d) Coordinator of Alternatives to Detention.-- (1) In general.--Not later than 30 days after the date of the enactment of this Act, the Secretary shall-- (A) establish within the Department of Homeland Security the position of Coordinator of Alternatives to Detention (referred to in this subsection as the ``Coordinator''), who shall report directly to the Secretary; and (B) appoint the Coordinator. (2) Resources.--The Secretary shall make available to the Coordinator such personnel, funds, and other resources as may be appropriate to enable the Coordinator to carry out the mission described in paragraph (3)(A). (3) Mission and duties.-- (A) Mission.--The mission of the Coordinator shall be to coordinate, in collaboration with the executive departments, the use of alternatives to detention programs. (B) Duties of coordinator.-- (i) In general.--The Coordinator shall-- (I) serve as the primary point of contact within the executive branch for Congress, State and local governments, the private sector, and community leaders with respect to the alternatives to detention programs; and (II) in coordination with the executive departments, with respect to Congress, State and local governments, the private sector, and community leaders, manage information flow about, requests for actions relating to, and discussions on, such programs. (ii) Reports required.-- (I) Monthly reports.--Not later than 30 days after the date on which the Coordinator is appointed, and every 30 days thereafter, the Coordinator shall submit a report to Congress that includes, for the reporting period-- (aa) the number of individuals detained under the immigration laws-- (AA) pending a decision on whether the individual is to be removed; and (BB) after the issuance of a removal order; (bb) an assessment whether any individual described in item (aa) is subject to the special rule under subsection (c)(2)(B); and (cc) the number of individuals participating in an alternatives to detention program established under subsection (a), disaggregated by the level of supervision of such individuals. (II) Annual reports.--Not later than 1 year after the date on which the Coordinator is appointed, and annually thereafter, the Coordinator shall submit a report to Congress that includes-- (aa) guidance and requirements for referral and placement decisions in alternatives to detention programs; (bb) information on enrollment in alternatives to detention programs, disaggregated by field office; (cc) information on the length of enrollment in alternatives to detention programs, disaggregated by type of alternative to detention program; and (dd) information on the population enrolled in alternatives to detention programs, disaggregated by type of alternative to detention program and point of apprehension. (C) Duties of executive departments.--The heads of the executive departments shall-- (i) respond promptly to any request by the Coordinator; (ii) consistent with applicable law, provide such information as the Coordinator considers necessary to carry out the mission of the Coordinator; and (iii) otherwise cooperate with the Coordinator to the maximum extent practicable to facilitate the performance of the mission described in subparagraph (A). (e) GAO Study and Report.--The Comptroller General of the United States shall-- (1) conduct a study on the use and effectiveness of the alternatives to detention programs established pursuant to subsection (a); and (2) not later than 2 years after the date of the enactment of this Act, submit a report to Congress that contains the results of the study conducted pursuant to paragraph (1). SEC. 4. SAVINGS PROVISIONS. (a) Federal Law.--Nothing in this Act may be construed to supersede or modify-- (1) the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232 et seq.); (2) the Stipulated Settlement Agreement filed in the United States District Court for the Central District of California on January 17, 1997 (CV 85-4544-RJK) (commonly known as the ``Flores Settlement Agreement''); (3) the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.); or (4) any applicable Federal child welfare law, including the Adoption and Safe Families Act of 1997 (Public Law 105-89). (b) State Law.--Nothing in this Act may be construed to supersede or modify any applicable State child welfare law. <all>

Alternatives to Detention Act of 2021

A bill to require the Secretary of Homeland Security to use alternatives to detention for certain vulnerable immigrant populations, and for other purposes.

Alternatives to Detention Act of 2021

Sen. Cortez Masto, Catherine

D

NV

This bill requires the Department of Homeland Security (DHS) to establish programs that are alternatives to detention for immigration enforcement and addresses related issues. Such programs must be available regardless of whether an alien is subject to a removal order or whether a charge of removability is pending, but shall not be available to certain aliens, such as those subject to mandatory detention. DHS or an immigration judge must determine, within 72 hours of an individual being taken into custody for immigration enforcement, the appropriate level of supervision for the individual and whether the individual may participate in such an alternative program. For a member of a vulnerable population (such as a victim of trafficking) or a caregiver (such as a parent of a minor), there must be a presumption that such an individual must be placed in a community-based supervision program. DHS must restore the Family Case Management Program as an alternative to detention. This program must provide community supervision and community support services through a contract with a nongovernmental organization. DHS must establish a Coordinator of Alternatives to Detention position. The Government Accountability Office must report on the use and effectiveness of the programs established under this bill.

Be it enacted by the Senate 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 Detention Act of 2021''. 2. DEFINITIONS. (4) Family member.--The term ``family member'', with respect to an individual receiving personal care services or financial support, means an individual who is-- (A) a parent or legal guardian; (B) a spouse; (C) a child; (D) a step-family member; or (E) an extended family member. 1101(a)(17)). (9) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. 3. ALTERNATIVES TO DETENTION UNDER THE IMMIGRATION LAWS. (3) Continuum of supervision.--The programs required under paragraph (1) shall provide for a continuum of supervision mechanisms and options, including community-based supervision and community support. (4) Contracts with nongovernmental organizations.--The Secretary may contract with one or more nongovernmental organizations to provide services under this subsection and subsection (b). (2) Presumption for placement in alternatives to detention program.-- (A) In general.--There shall be a presumption for placement in an alternatives to detention program that is a community-based supervision program for any alien who is-- (i) taken into the physical custody of the Department of Homeland Security; and (ii) a member of a vulnerable population, a parent of a child who is younger than 18 years of age, a dependent caregiver, or a family caregiver. 1226a); or (B) for whom release on bond or recognizance is determined to be a sufficient measure to ensure appearances at immigration proceedings and public safety. (ii) Reports required.-- (I) Monthly reports.--Not later than 30 days after the date on which the Coordinator is appointed, and every 30 days thereafter, the Coordinator shall submit a report to Congress that includes, for the reporting period-- (aa) the number of individuals detained under the immigration laws-- (AA) pending a decision on whether the individual is to be removed; and (BB) after the issuance of a removal order; (bb) an assessment whether any individual described in item (aa) is subject to the special rule under subsection (c)(2)(B); and (cc) the number of individuals participating in an alternatives to detention program established under subsection (a), disaggregated by the level of supervision of such individuals. (C) Duties of executive departments.--The heads of the executive departments shall-- (i) respond promptly to any request by the Coordinator; (ii) consistent with applicable law, provide such information as the Coordinator considers necessary to carry out the mission of the Coordinator; and (iii) otherwise cooperate with the Coordinator to the maximum extent practicable to facilitate the performance of the mission described in subparagraph (A). SEC. SAVINGS PROVISIONS. (a) Federal Law.--Nothing in this Act may be construed to supersede or modify-- (1) the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 101 et seq.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. This Act may be cited as the ``Alternatives to Detention Act of 2021''. 2. (4) Family member.--The term ``family member'', with respect to an individual receiving personal care services or financial support, means an individual who is-- (A) a parent or legal guardian; (B) a spouse; (C) a child; (D) a step-family member; or (E) an extended family member. 1101(a)(17)). (9) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. 3. ALTERNATIVES TO DETENTION UNDER THE IMMIGRATION LAWS. (3) Continuum of supervision.--The programs required under paragraph (1) shall provide for a continuum of supervision mechanisms and options, including community-based supervision and community support. (4) Contracts with nongovernmental organizations.--The Secretary may contract with one or more nongovernmental organizations to provide services under this subsection and subsection (b). (2) Presumption for placement in alternatives to detention program.-- (A) In general.--There shall be a presumption for placement in an alternatives to detention program that is a community-based supervision program for any alien who is-- (i) taken into the physical custody of the Department of Homeland Security; and (ii) a member of a vulnerable population, a parent of a child who is younger than 18 years of age, a dependent caregiver, or a family caregiver. (C) Duties of executive departments.--The heads of the executive departments shall-- (i) respond promptly to any request by the Coordinator; (ii) consistent with applicable law, provide such information as the Coordinator considers necessary to carry out the mission of the Coordinator; and (iii) otherwise cooperate with the Coordinator to the maximum extent practicable to facilitate the performance of the mission described in subparagraph (A). SEC. 101 et seq.

Be it enacted by the Senate 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 Detention Act of 2021''. 2. DEFINITIONS. (3) Family caregiver.--The term ``family caregiver'' means an individual who lives with, and provides more than \1/2\ of the personal care required by, a family member who is-- (A) younger than 18 years of age; or (B) unable to engage in substantial employment due to a physical or mental health condition or disability. (4) Family member.--The term ``family member'', with respect to an individual receiving personal care services or financial support, means an individual who is-- (A) a parent or legal guardian; (B) a spouse; (C) a child; (D) a step-family member; or (E) an extended family member. 1101(a)(17)). (9) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. 3. ALTERNATIVES TO DETENTION UNDER THE IMMIGRATION LAWS. (3) Continuum of supervision.--The programs required under paragraph (1) shall provide for a continuum of supervision mechanisms and options, including community-based supervision and community support. (4) Contracts with nongovernmental organizations.--The Secretary may contract with one or more nongovernmental organizations to provide services under this subsection and subsection (b). (2) Presumption for placement in alternatives to detention program.-- (A) In general.--There shall be a presumption for placement in an alternatives to detention program that is a community-based supervision program for any alien who is-- (i) taken into the physical custody of the Department of Homeland Security; and (ii) a member of a vulnerable population, a parent of a child who is younger than 18 years of age, a dependent caregiver, or a family caregiver. (B) Exception.--The presumption described in subparagraph (A) shall not apply if the Secretary, the Commissioner of U.S. Customs and Border Protection, an immigration officer, or an immigration judge specifically determines that the alien is a threat to himself or herself or to the public. 1226a); or (B) for whom release on bond or recognizance is determined to be a sufficient measure to ensure appearances at immigration proceedings and public safety. (ii) Reports required.-- (I) Monthly reports.--Not later than 30 days after the date on which the Coordinator is appointed, and every 30 days thereafter, the Coordinator shall submit a report to Congress that includes, for the reporting period-- (aa) the number of individuals detained under the immigration laws-- (AA) pending a decision on whether the individual is to be removed; and (BB) after the issuance of a removal order; (bb) an assessment whether any individual described in item (aa) is subject to the special rule under subsection (c)(2)(B); and (cc) the number of individuals participating in an alternatives to detention program established under subsection (a), disaggregated by the level of supervision of such individuals. (C) Duties of executive departments.--The heads of the executive departments shall-- (i) respond promptly to any request by the Coordinator; (ii) consistent with applicable law, provide such information as the Coordinator considers necessary to carry out the mission of the Coordinator; and (iii) otherwise cooperate with the Coordinator to the maximum extent practicable to facilitate the performance of the mission described in subparagraph (A). (e) GAO Study and Report.--The Comptroller General of the United States shall-- (1) conduct a study on the use and effectiveness of the alternatives to detention programs established pursuant to subsection (a); and (2) not later than 2 years after the date of the enactment of this Act, submit a report to Congress that contains the results of the study conducted pursuant to paragraph (1). SEC. SAVINGS PROVISIONS. (a) Federal Law.--Nothing in this Act may be construed to supersede or modify-- (1) the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. ); (2) the Stipulated Settlement Agreement filed in the United States District Court for the Central District of California on January 17, 1997 (CV 85-4544-RJK) (commonly known as the ``Flores Settlement Agreement''); (3) the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.

Be it enacted by the Senate 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 Detention Act of 2021''. 2. DEFINITIONS. (3) Family caregiver.--The term ``family caregiver'' means an individual who lives with, and provides more than \1/2\ of the personal care required by, a family member who is-- (A) younger than 18 years of age; or (B) unable to engage in substantial employment due to a physical or mental health condition or disability. (4) Family member.--The term ``family member'', with respect to an individual receiving personal care services or financial support, means an individual who is-- (A) a parent or legal guardian; (B) a spouse; (C) a child; (D) a step-family member; or (E) an extended family member. 1101(a)(17)). (8) Parent.--The term ``parent'' means a biological or adoptive parent of a child, whose parental rights have not been relinquished or terminated under State law or the law of a foreign country. (9) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. 3. ALTERNATIVES TO DETENTION UNDER THE IMMIGRATION LAWS. (3) Continuum of supervision.--The programs required under paragraph (1) shall provide for a continuum of supervision mechanisms and options, including community-based supervision and community support. (4) Contracts with nongovernmental organizations.--The Secretary may contract with one or more nongovernmental organizations to provide services under this subsection and subsection (b). (b) Restoration of the Family Case Management Program.--Not later than 7 days after the date of the enactment of this Act, the Secretary shall fully restore the U.S. Immigration and Customs Enforcement Family Case Management Program, as constituted on January 21, 2016, which shall-- (1) provide community supervision and community support services, including case management services, appearance services, and screening of aliens who have been detained; and (2) be carried out through a contract with a nongovernmental organization that has demonstrated expertise in providing such supervision and support services. (2) Presumption for placement in alternatives to detention program.-- (A) In general.--There shall be a presumption for placement in an alternatives to detention program that is a community-based supervision program for any alien who is-- (i) taken into the physical custody of the Department of Homeland Security; and (ii) a member of a vulnerable population, a parent of a child who is younger than 18 years of age, a dependent caregiver, or a family caregiver. (B) Exception.--The presumption described in subparagraph (A) shall not apply if the Secretary, the Commissioner of U.S. Customs and Border Protection, an immigration officer, or an immigration judge specifically determines that the alien is a threat to himself or herself or to the public. 1226a); or (B) for whom release on bond or recognizance is determined to be a sufficient measure to ensure appearances at immigration proceedings and public safety. (2) Resources.--The Secretary shall make available to the Coordinator such personnel, funds, and other resources as may be appropriate to enable the Coordinator to carry out the mission described in paragraph (3)(A). (B) Duties of coordinator.-- (i) In general.--The Coordinator shall-- (I) serve as the primary point of contact within the executive branch for Congress, State and local governments, the private sector, and community leaders with respect to the alternatives to detention programs; and (II) in coordination with the executive departments, with respect to Congress, State and local governments, the private sector, and community leaders, manage information flow about, requests for actions relating to, and discussions on, such programs. (ii) Reports required.-- (I) Monthly reports.--Not later than 30 days after the date on which the Coordinator is appointed, and every 30 days thereafter, the Coordinator shall submit a report to Congress that includes, for the reporting period-- (aa) the number of individuals detained under the immigration laws-- (AA) pending a decision on whether the individual is to be removed; and (BB) after the issuance of a removal order; (bb) an assessment whether any individual described in item (aa) is subject to the special rule under subsection (c)(2)(B); and (cc) the number of individuals participating in an alternatives to detention program established under subsection (a), disaggregated by the level of supervision of such individuals. (C) Duties of executive departments.--The heads of the executive departments shall-- (i) respond promptly to any request by the Coordinator; (ii) consistent with applicable law, provide such information as the Coordinator considers necessary to carry out the mission of the Coordinator; and (iii) otherwise cooperate with the Coordinator to the maximum extent practicable to facilitate the performance of the mission described in subparagraph (A). (e) GAO Study and Report.--The Comptroller General of the United States shall-- (1) conduct a study on the use and effectiveness of the alternatives to detention programs established pursuant to subsection (a); and (2) not later than 2 years after the date of the enactment of this Act, submit a report to Congress that contains the results of the study conducted pursuant to paragraph (1). SEC. SAVINGS PROVISIONS. (a) Federal Law.--Nothing in this Act may be construed to supersede or modify-- (1) the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. ); (2) the Stipulated Settlement Agreement filed in the United States District Court for the Central District of California on January 17, 1997 (CV 85-4544-RJK) (commonly known as the ``Flores Settlement Agreement''); (3) the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.

To require the Secretary of Homeland Security to use alternatives to detention for certain vulnerable immigrant populations, and for other purposes. In this Act: (1) Dependent caregiver.--The term ``dependent caregiver'' means an individual who lives with, and provides more than \1/ 2\ of the financial support required by, a family member who is-- (A) younger than 18 years of age; or (B) unable to engage in substantial employment due to a physical or mental health condition or disability. ( (5) Immigration laws.--The term ``immigration laws'' has the meaning given such term in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17)). ( 8) Parent.--The term ``parent'' means a biological or adoptive parent of a child, whose parental rights have not been relinquished or terminated under State law or the law of a foreign country. ( ALTERNATIVES TO DETENTION UNDER THE IMMIGRATION LAWS. ( 4) Contracts with nongovernmental organizations.--The Secretary may contract with one or more nongovernmental organizations to provide services under this subsection and subsection (b). ( 2) Presumption for placement in alternatives to detention program.-- (A) In general.--There shall be a presumption for placement in an alternatives to detention program that is a community-based supervision program for any alien who is-- (i) taken into the physical custody of the Department of Homeland Security; and (ii) a member of a vulnerable population, a parent of a child who is younger than 18 years of age, a dependent caregiver, or a family caregiver. ( B) Exception.--The presumption described in subparagraph (A) shall not apply if the Secretary, the Commissioner of U.S. Customs and Border Protection, an immigration officer, or an immigration judge specifically determines that the alien is a threat to himself or herself or to the public. ( 1226a); or (B) for whom release on bond or recognizance is determined to be a sufficient measure to ensure appearances at immigration proceedings and public safety. ( 2) Resources.--The Secretary shall make available to the Coordinator such personnel, funds, and other resources as may be appropriate to enable the Coordinator to carry out the mission described in paragraph (3)(A). ( (C) Duties of executive departments.--The heads of the executive departments shall-- (i) respond promptly to any request by the Coordinator; (ii) consistent with applicable law, provide such information as the Coordinator considers necessary to carry out the mission of the Coordinator; and (iii) otherwise cooperate with the Coordinator to the maximum extent practicable to facilitate the performance of the mission described in subparagraph (A). ( a) Federal Law.--Nothing in this Act may be construed to supersede or modify-- (1) the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232 et seq. ); ( (b) State Law.--Nothing in this Act may be construed to supersede or modify any applicable State child welfare law.

To require the Secretary of Homeland Security to use alternatives to detention for certain vulnerable immigrant populations, and for other purposes. 3) Family caregiver.--The term ``family caregiver'' means an individual who lives with, and provides more than \1/2\ of the personal care required by, a family member who is-- (A) younger than 18 years of age; or (B) unable to engage in substantial employment due to a physical or mental health condition or disability. ( 8) Parent.--The term ``parent'' means a biological or adoptive parent of a child, whose parental rights have not been relinquished or terminated under State law or the law of a foreign country. ( 4) Contracts with nongovernmental organizations.--The Secretary may contract with one or more nongovernmental organizations to provide services under this subsection and subsection (b). 2) Presumption for placement in alternatives to detention program.-- (A) In general.--There shall be a presumption for placement in an alternatives to detention program that is a community-based supervision program for any alien who is-- (i) taken into the physical custody of the Department of Homeland Security; and (ii) a member of a vulnerable population, a parent of a child who is younger than 18 years of age, a dependent caregiver, or a family caregiver. ( B) Exception.--The presumption described in subparagraph (A) shall not apply if the Secretary, the Commissioner of U.S. Customs and Border Protection, an immigration officer, or an immigration judge specifically determines that the alien is a threat to himself or herself or to the public. ( (d) Coordinator of Alternatives to Detention.-- (1) In general.--Not later than 30 days after the date of the enactment of this Act, the Secretary shall-- (A) establish within the Department of Homeland Security the position of Coordinator of Alternatives to Detention (referred to in this subsection as the ``Coordinator''), who shall report directly to the Secretary; and (B) appoint the Coordinator. ( 3) Mission and duties.-- (A) Mission.--The mission of the Coordinator shall be to coordinate, in collaboration with the executive departments, the use of alternatives to detention programs. ( C) Duties of executive departments.--The heads of the executive departments shall-- (i) respond promptly to any request by the Coordinator; (ii) consistent with applicable law, provide such information as the Coordinator considers necessary to carry out the mission of the Coordinator; and (iii) otherwise cooperate with the Coordinator to the maximum extent practicable to facilitate the performance of the mission described in subparagraph (A). ( a) Federal Law.--Nothing in this Act may be construed to supersede or modify-- (1) the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232 et seq. ); (

To require the Secretary of Homeland Security to use alternatives to detention for certain vulnerable immigrant populations, and for other purposes. 3) Family caregiver.--The term ``family caregiver'' means an individual who lives with, and provides more than \1/2\ of the personal care required by, a family member who is-- (A) younger than 18 years of age; or (B) unable to engage in substantial employment due to a physical or mental health condition or disability. ( 8) Parent.--The term ``parent'' means a biological or adoptive parent of a child, whose parental rights have not been relinquished or terminated under State law or the law of a foreign country. ( 4) Contracts with nongovernmental organizations.--The Secretary may contract with one or more nongovernmental organizations to provide services under this subsection and subsection (b). 2) Presumption for placement in alternatives to detention program.-- (A) In general.--There shall be a presumption for placement in an alternatives to detention program that is a community-based supervision program for any alien who is-- (i) taken into the physical custody of the Department of Homeland Security; and (ii) a member of a vulnerable population, a parent of a child who is younger than 18 years of age, a dependent caregiver, or a family caregiver. ( B) Exception.--The presumption described in subparagraph (A) shall not apply if the Secretary, the Commissioner of U.S. Customs and Border Protection, an immigration officer, or an immigration judge specifically determines that the alien is a threat to himself or herself or to the public. ( (d) Coordinator of Alternatives to Detention.-- (1) In general.--Not later than 30 days after the date of the enactment of this Act, the Secretary shall-- (A) establish within the Department of Homeland Security the position of Coordinator of Alternatives to Detention (referred to in this subsection as the ``Coordinator''), who shall report directly to the Secretary; and (B) appoint the Coordinator. ( 3) Mission and duties.-- (A) Mission.--The mission of the Coordinator shall be to coordinate, in collaboration with the executive departments, the use of alternatives to detention programs. ( C) Duties of executive departments.--The heads of the executive departments shall-- (i) respond promptly to any request by the Coordinator; (ii) consistent with applicable law, provide such information as the Coordinator considers necessary to carry out the mission of the Coordinator; and (iii) otherwise cooperate with the Coordinator to the maximum extent practicable to facilitate the performance of the mission described in subparagraph (A). ( a) Federal Law.--Nothing in this Act may be construed to supersede or modify-- (1) the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232 et seq. ); (

To require the Secretary of Homeland Security to use alternatives to detention for certain vulnerable immigrant populations, and for other purposes. In this Act: (1) Dependent caregiver.--The term ``dependent caregiver'' means an individual who lives with, and provides more than \1/ 2\ of the financial support required by, a family member who is-- (A) younger than 18 years of age; or (B) unable to engage in substantial employment due to a physical or mental health condition or disability. ( (5) Immigration laws.--The term ``immigration laws'' has the meaning given such term in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17)). ( 8) Parent.--The term ``parent'' means a biological or adoptive parent of a child, whose parental rights have not been relinquished or terminated under State law or the law of a foreign country. ( ALTERNATIVES TO DETENTION UNDER THE IMMIGRATION LAWS. ( 4) Contracts with nongovernmental organizations.--The Secretary may contract with one or more nongovernmental organizations to provide services under this subsection and subsection (b). ( 2) Presumption for placement in alternatives to detention program.-- (A) In general.--There shall be a presumption for placement in an alternatives to detention program that is a community-based supervision program for any alien who is-- (i) taken into the physical custody of the Department of Homeland Security; and (ii) a member of a vulnerable population, a parent of a child who is younger than 18 years of age, a dependent caregiver, or a family caregiver. ( B) Exception.--The presumption described in subparagraph (A) shall not apply if the Secretary, the Commissioner of U.S. Customs and Border Protection, an immigration officer, or an immigration judge specifically determines that the alien is a threat to himself or herself or to the public. ( 1226a); or (B) for whom release on bond or recognizance is determined to be a sufficient measure to ensure appearances at immigration proceedings and public safety. ( 2) Resources.--The Secretary shall make available to the Coordinator such personnel, funds, and other resources as may be appropriate to enable the Coordinator to carry out the mission described in paragraph (3)(A). ( (C) Duties of executive departments.--The heads of the executive departments shall-- (i) respond promptly to any request by the Coordinator; (ii) consistent with applicable law, provide such information as the Coordinator considers necessary to carry out the mission of the Coordinator; and (iii) otherwise cooperate with the Coordinator to the maximum extent practicable to facilitate the performance of the mission described in subparagraph (A). ( a) Federal Law.--Nothing in this Act may be construed to supersede or modify-- (1) the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232 et seq. ); ( (b) State Law.--Nothing in this Act may be construed to supersede or modify any applicable State child welfare law.

To require the Secretary of Homeland Security to use alternatives to detention for certain vulnerable immigrant populations, and for other purposes. 3) Family caregiver.--The term ``family caregiver'' means an individual who lives with, and provides more than \1/2\ of the personal care required by, a family member who is-- (A) younger than 18 years of age; or (B) unable to engage in substantial employment due to a physical or mental health condition or disability. ( 8) Parent.--The term ``parent'' means a biological or adoptive parent of a child, whose parental rights have not been relinquished or terminated under State law or the law of a foreign country. ( 4) Contracts with nongovernmental organizations.--The Secretary may contract with one or more nongovernmental organizations to provide services under this subsection and subsection (b). 2) Presumption for placement in alternatives to detention program.-- (A) In general.--There shall be a presumption for placement in an alternatives to detention program that is a community-based supervision program for any alien who is-- (i) taken into the physical custody of the Department of Homeland Security; and (ii) a member of a vulnerable population, a parent of a child who is younger than 18 years of age, a dependent caregiver, or a family caregiver. ( B) Exception.--The presumption described in subparagraph (A) shall not apply if the Secretary, the Commissioner of U.S. Customs and Border Protection, an immigration officer, or an immigration judge specifically determines that the alien is a threat to himself or herself or to the public. ( (d) Coordinator of Alternatives to Detention.-- (1) In general.--Not later than 30 days after the date of the enactment of this Act, the Secretary shall-- (A) establish within the Department of Homeland Security the position of Coordinator of Alternatives to Detention (referred to in this subsection as the ``Coordinator''), who shall report directly to the Secretary; and (B) appoint the Coordinator. ( 3) Mission and duties.-- (A) Mission.--The mission of the Coordinator shall be to coordinate, in collaboration with the executive departments, the use of alternatives to detention programs. ( C) Duties of executive departments.--The heads of the executive departments shall-- (i) respond promptly to any request by the Coordinator; (ii) consistent with applicable law, provide such information as the Coordinator considers necessary to carry out the mission of the Coordinator; and (iii) otherwise cooperate with the Coordinator to the maximum extent practicable to facilitate the performance of the mission described in subparagraph (A). ( a) Federal Law.--Nothing in this Act may be construed to supersede or modify-- (1) the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232 et seq. ); (

To require the Secretary of Homeland Security to use alternatives to detention for certain vulnerable immigrant populations, and for other purposes. In this Act: (1) Dependent caregiver.--The term ``dependent caregiver'' means an individual who lives with, and provides more than \1/ 2\ of the financial support required by, a family member who is-- (A) younger than 18 years of age; or (B) unable to engage in substantial employment due to a physical or mental health condition or disability. ( (5) Immigration laws.--The term ``immigration laws'' has the meaning given such term in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17)). ( 8) Parent.--The term ``parent'' means a biological or adoptive parent of a child, whose parental rights have not been relinquished or terminated under State law or the law of a foreign country. ( ALTERNATIVES TO DETENTION UNDER THE IMMIGRATION LAWS. ( 4) Contracts with nongovernmental organizations.--The Secretary may contract with one or more nongovernmental organizations to provide services under this subsection and subsection (b). ( 2) Presumption for placement in alternatives to detention program.-- (A) In general.--There shall be a presumption for placement in an alternatives to detention program that is a community-based supervision program for any alien who is-- (i) taken into the physical custody of the Department of Homeland Security; and (ii) a member of a vulnerable population, a parent of a child who is younger than 18 years of age, a dependent caregiver, or a family caregiver. ( B) Exception.--The presumption described in subparagraph (A) shall not apply if the Secretary, the Commissioner of U.S. Customs and Border Protection, an immigration officer, or an immigration judge specifically determines that the alien is a threat to himself or herself or to the public. ( 1226a); or (B) for whom release on bond or recognizance is determined to be a sufficient measure to ensure appearances at immigration proceedings and public safety. ( 2) Resources.--The Secretary shall make available to the Coordinator such personnel, funds, and other resources as may be appropriate to enable the Coordinator to carry out the mission described in paragraph (3)(A). ( (C) Duties of executive departments.--The heads of the executive departments shall-- (i) respond promptly to any request by the Coordinator; (ii) consistent with applicable law, provide such information as the Coordinator considers necessary to carry out the mission of the Coordinator; and (iii) otherwise cooperate with the Coordinator to the maximum extent practicable to facilitate the performance of the mission described in subparagraph (A). ( a) Federal Law.--Nothing in this Act may be construed to supersede or modify-- (1) the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232 et seq. ); ( (b) State Law.--Nothing in this Act may be construed to supersede or modify any applicable State child welfare law.

To require the Secretary of Homeland Security to use alternatives to detention for certain vulnerable immigrant populations, and for other purposes. 3) Family caregiver.--The term ``family caregiver'' means an individual who lives with, and provides more than \1/2\ of the personal care required by, a family member who is-- (A) younger than 18 years of age; or (B) unable to engage in substantial employment due to a physical or mental health condition or disability. ( 8) Parent.--The term ``parent'' means a biological or adoptive parent of a child, whose parental rights have not been relinquished or terminated under State law or the law of a foreign country. ( 4) Contracts with nongovernmental organizations.--The Secretary may contract with one or more nongovernmental organizations to provide services under this subsection and subsection (b). 2) Presumption for placement in alternatives to detention program.-- (A) In general.--There shall be a presumption for placement in an alternatives to detention program that is a community-based supervision program for any alien who is-- (i) taken into the physical custody of the Department of Homeland Security; and (ii) a member of a vulnerable population, a parent of a child who is younger than 18 years of age, a dependent caregiver, or a family caregiver. ( B) Exception.--The presumption described in subparagraph (A) shall not apply if the Secretary, the Commissioner of U.S. Customs and Border Protection, an immigration officer, or an immigration judge specifically determines that the alien is a threat to himself or herself or to the public. ( (d) Coordinator of Alternatives to Detention.-- (1) In general.--Not later than 30 days after the date of the enactment of this Act, the Secretary shall-- (A) establish within the Department of Homeland Security the position of Coordinator of Alternatives to Detention (referred to in this subsection as the ``Coordinator''), who shall report directly to the Secretary; and (B) appoint the Coordinator. ( 3) Mission and duties.-- (A) Mission.--The mission of the Coordinator shall be to coordinate, in collaboration with the executive departments, the use of alternatives to detention programs. ( C) Duties of executive departments.--The heads of the executive departments shall-- (i) respond promptly to any request by the Coordinator; (ii) consistent with applicable law, provide such information as the Coordinator considers necessary to carry out the mission of the Coordinator; and (iii) otherwise cooperate with the Coordinator to the maximum extent practicable to facilitate the performance of the mission described in subparagraph (A). ( a) Federal Law.--Nothing in this Act may be construed to supersede or modify-- (1) the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232 et seq. ); (

To require the Secretary of Homeland Security to use alternatives to detention for certain vulnerable immigrant populations, and for other purposes. In this Act: (1) Dependent caregiver.--The term ``dependent caregiver'' means an individual who lives with, and provides more than \1/ 2\ of the financial support required by, a family member who is-- (A) younger than 18 years of age; or (B) unable to engage in substantial employment due to a physical or mental health condition or disability. ( (5) Immigration laws.--The term ``immigration laws'' has the meaning given such term in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17)). ( 8) Parent.--The term ``parent'' means a biological or adoptive parent of a child, whose parental rights have not been relinquished or terminated under State law or the law of a foreign country. ( ALTERNATIVES TO DETENTION UNDER THE IMMIGRATION LAWS. ( 4) Contracts with nongovernmental organizations.--The Secretary may contract with one or more nongovernmental organizations to provide services under this subsection and subsection (b). ( 2) Presumption for placement in alternatives to detention program.-- (A) In general.--There shall be a presumption for placement in an alternatives to detention program that is a community-based supervision program for any alien who is-- (i) taken into the physical custody of the Department of Homeland Security; and (ii) a member of a vulnerable population, a parent of a child who is younger than 18 years of age, a dependent caregiver, or a family caregiver. ( B) Exception.--The presumption described in subparagraph (A) shall not apply if the Secretary, the Commissioner of U.S. Customs and Border Protection, an immigration officer, or an immigration judge specifically determines that the alien is a threat to himself or herself or to the public. ( 1226a); or (B) for whom release on bond or recognizance is determined to be a sufficient measure to ensure appearances at immigration proceedings and public safety. ( 2) Resources.--The Secretary shall make available to the Coordinator such personnel, funds, and other resources as may be appropriate to enable the Coordinator to carry out the mission described in paragraph (3)(A). ( (C) Duties of executive departments.--The heads of the executive departments shall-- (i) respond promptly to any request by the Coordinator; (ii) consistent with applicable law, provide such information as the Coordinator considers necessary to carry out the mission of the Coordinator; and (iii) otherwise cooperate with the Coordinator to the maximum extent practicable to facilitate the performance of the mission described in subparagraph (A). ( a) Federal Law.--Nothing in this Act may be construed to supersede or modify-- (1) the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232 et seq. ); ( (b) State Law.--Nothing in this Act may be construed to supersede or modify any applicable State child welfare law.

To require the Secretary of Homeland Security to use alternatives to detention for certain vulnerable immigrant populations, and for other purposes. d) Coordinator of Alternatives to Detention.-- (1) In general.--Not later than 30 days after the date of the enactment of this Act, the Secretary shall-- (A) establish within the Department of Homeland Security the position of Coordinator of Alternatives to Detention (referred to in this subsection as the ``Coordinator''), who shall report directly to the Secretary; and (B) appoint the Coordinator. ( ( C) Duties of executive departments.--The heads of the executive departments shall-- (i) respond promptly to any request by the Coordinator; (ii) consistent with applicable law, provide such information as the Coordinator considers necessary to carry out the mission of the Coordinator; and (iii) otherwise cooperate with the Coordinator to the maximum extent practicable to facilitate the performance of the mission described in subparagraph (A). ( a) Federal Law.--Nothing in this Act may be construed to supersede or modify-- (1) the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232 et seq. ); (

To require the Secretary of Homeland Security to use alternatives to detention for certain vulnerable immigrant populations, and for other purposes. 5) Immigration laws.--The term ``immigration laws'' has the meaning given such term in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17)). ( ( 2) Presumption for placement in alternatives to detention program.-- (A) In general.--There shall be a presumption for placement in an alternatives to detention program that is a community-based supervision program for any alien who is-- (i) taken into the physical custody of the Department of Homeland Security; and (ii) a member of a vulnerable population, a parent of a child who is younger than 18 years of age, a dependent caregiver, or a family caregiver. ( (C) Duties of executive departments.--The heads of the executive departments shall-- (i) respond promptly to any request by the Coordinator; (ii) consistent with applicable law, provide such information as the Coordinator considers necessary to carry out the mission of the Coordinator; and (iii) otherwise cooperate with the Coordinator to the maximum extent practicable to facilitate the performance of the mission described in subparagraph (A). ( a) Federal Law.--Nothing in this Act may be construed to supersede or modify-- (1) the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232 et seq. ); ( ( b) State Law.--Nothing in this Act may be construed to supersede or modify any applicable State child welfare law.

Alternatives to Detention Act of 2021 This bill directs the Department of Homeland Security (DHS) to establish programs to provide alternatives to detention for certain vulnerable immigrant populations, and for other purposes. DHS may contract with one or more nongovernmental organizations to provide such services. DHS must restore the Family Case Management Program through a community-based supervision and community support program. DHS shall provide Directs the Secretary of Homeland Security (DHS) to establish within DHS the position of Coordinator of Alternatives to Detention. (Sec. 4) Requires the Coordinator to: (1) serve as the primary point of contact within the executive branch for Congress, State and local governments, the private sector, and community leaders with respect to the alternatives to detention programs; and (2)

H.R.482

Health

Newborn Screening Saves Lives Reauthorization Act of 2021 This bill reauthorizes through FY2026 and revises several programs and activities relating to newborn screening for certain conditions and genetic, endocrine, and metabolic diseases. Among its changes, the bill reauthorizes and makes mandatory The bill also aligns statutory requirements for research on non-identified newborn blood spots with federal regulations governing research on human subjects. These blood spots are collected as part of newborn screening programs, and some states make them available for biomedical and public health research. Under current regulations, research on non-identified bio-specimens such as blood spots is not considered to be research on human subjects, to which additional protections apply.

To amend the Public Health Service Act to reauthorize certain programs under part A of title XI of such Act relating to genetic diseases, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Newborn Screening Saves Lives Reauthorization Act of 2021''. SEC. 2. IMPROVED NEWBORN AND CHILD SCREENING AND FOLLOW-UP FOR HERITABLE DISORDERS. (a) Purposes.--Section 1109(a) of the Public Health Service Act (42 U.S.C. 300b-8(a)) is amended-- (1) in paragraph (1), by striking ``enhance, improve or'' and inserting ``facilitate, enhance, improve, or''; (2) by amending paragraph (3) to read as follows: ``(3) to develop, and deliver to parents, families, and patient advocacy and support groups, educational programs that-- ``(A) address newborn screening counseling, testing (including newborn screening pilot studies), follow-up, treatment, specialty services, and long-term care; ``(B) assess the target audience's current knowledge, incorporate health communications strategies, and measure impact; and ``(C) are at appropriate literacy levels;''; and (3) in paragraph (4)-- (A) by striking ``followup'' and inserting ``follow-up''; and (B) by inserting before the semicolon at the end the following: ``, including re-engaging patients who have not received recommended follow-up services and supports''. (b) Approval Factors.--Section 1109(c) of the Public Health Service Act (42 U.S.C. 300b-8(c)) is amended-- (1) by striking ``or will use'' and inserting ``will use''; and (2) by inserting ``, or will use amounts received under such grant to enhance capacity and infrastructure to facilitate the adoption of,'' before ``the guidelines and recommendations''. SEC. 3. ADVISORY COMMITTEE ON HERITABLE DISORDERS IN NEWBORNS AND CHILDREN. Section 1111 of the Public Health Service Act (42 U.S.C. 300b-10) is amended-- (1) in subsection (b)-- (A) in paragraph (5), by inserting ``and adopt process improvements'' after ``take appropriate steps''; (B) in paragraph (7) by striking ``and'' at the end; (C) by redesignating paragraph (8) as paragraph (9); (D) by inserting after paragraph (7) the following: ``(8) develop, maintain, and publish on a publicly accessible website consumer-friendly materials detailing-- ``(A) the uniform screening panel nomination process, including data requirements, standards, and the use of international data in nomination submissions; and ``(B) the process for obtaining technical assistance for submitting nominations to the uniform screening panel and detailing the instances in which the provision of technical assistance would introduce a conflict of interest for members of the Advisory Committee; and''; (E) in paragraph (9), as redesignated-- (i) by redesignating subparagraphs (K) and (L) as subparagraphs (L) and (M), respectively; and (ii) by inserting after subparagraph (J) the following: ``(K) the appropriate and recommended use of safe and effective genetic testing by health care professionals in newborns and children with an initial diagnosis of a disease or condition characterized by a variety of genetic causes and manifestations;''; and (2) in subsection (g)-- (A) in paragraph (1) by striking ``2019'' and inserting ``2026''; and (B) in paragraph (2) by striking ``2019'' and inserting ``2026''. SEC. 4. CLEARINGHOUSE OF NEWBORN SCREENING INFORMATION. Section 1112(c) of the Public Health Service Act (42 U.S.C. 300b- 11(c)) is amended by striking ``and supplement, not supplant, existing information sharing efforts'' and inserting ``and complement other Federal newborn screening information sharing activities''. SEC. 5. LABORATORY QUALITY AND SURVEILLANCE. Section 1113 of the Public Health Service Act (42 U.S.C. 300b-12) is amended-- (1) in subsection (a)-- (A) in paragraph (1)-- (i) by striking ``performance evaluation services,'' and inserting ``development of new screening tests,''; and (ii) by striking ``and'' at the end; (B) in paragraph (2)-- (i) by striking ``performance test materials'' and inserting ``test performance materials''; and (ii) by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(3) performance evaluation services to enhance disease detection, including the development of tools, resources, and infrastructure to improve data analysis, test result interpretation, data harmonization, and dissemination of laboratory best practices.''; and (2) in subsection (b) to read as follows: ``(b) Surveillance Activities.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, and taking into consideration the expertise of the Advisory Committee on Heritable Disorders in Newborns and Children established under section 1111, shall provide for the coordination of national surveillance activities, including-- ``(1) standardizing data collection and reporting through the use of electronic and other forms of health records to achieve real-time data for tracking and monitoring the newborn screening system, from the initial positive screen through diagnosis and long-term care management; and ``(2) by promoting data sharing linkages between State newborn screening programs and State-based birth defects and developmental disabilities surveillance programs to help families connect with services to assist in evaluating long- term outcomes.''. SEC. 6. HUNTER KELLY RESEARCH PROGRAM. Section 1116 of the Public Health Service Act (42 U.S.C. 300b-15) is amended-- (1) in subsection (a)(1)-- (A) by striking ``may'' and inserting ``shall''; and (B) in subparagraph (D)-- (i) by inserting ``, or with a high probability of being recommended by,'' after ``recommended by''; and (ii) by striking ``that screenings are ready for nationwide implementation'' and inserting ``that reliable newborn screening technologies are piloted and ready for use''; and (2) in subsection (b) to read as follows: ``(b) Funding.--In carrying out the research program under this section, the Secretary and the Director shall ensure that entities receiving funding through the program will provide assurances, as practicable, that such entities will work in consultation with State departments of health, as appropriate.''. SEC. 7. AUTHORIZATION OF APPROPRIATIONS FOR NEWBORN SCREENING PROGRAMS AND ACTIVITIES. Section 1117 of the Public Health Service Act (42 U.S.C. 300b-16) is amended-- (1) in paragraph (1)-- (A) by striking ``$11,900,000'' and inserting ``$31,000,000''; (B) by striking ``2015'' and inserting ``2022''; and (C) by striking ``2019'' and inserting ``2026''; and (2) in paragraph (2)-- (A) by striking ``$8,000,000'' and inserting ``$29,650,000''; (B) by striking ``2015'' and inserting ``2022''; and (C) by striking ``2019'' and inserting ``2026''. SEC. 8. INSTITUTIONAL REVIEW BOARDS; ETHICS GUIDANCE PROGRAM. Section 12 of the Newborn Screening Saves Lives Reauthorization Act of 2014 (42 U.S.C. 289 note) is amended to read as follows: ``SEC. 12. INSTITUTIONAL REVIEW BOARDS; ETHICS GUIDANCE PROGRAM. ``Research on nonidentified newborn dried blood spots shall be considered secondary research (as that term is defined in section 46.104(d)(4) of title 45, Code of Federal Regulations (or successor regulations)) with nonidentified biospecimens for purposes of federally funded research conducted pursuant to the Public Health Service Act (42 U.S.C. 200 et seq.).''. SEC. 9. NAM REPORT ON THE MODERNIZATION OF NEWBORN SCREENING. (a) Study.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall seek to enter into an agreement with the National Academy of Medicine (in this section referred to as ``NAM'') (or if NAM declines to enter into such an agreement, another appropriate entity) under which NAM, or such other appropriate entity, agrees to conduct a study on the following: (1) The uniform screening panel review and recommendation processes to identify factors that impact decisions to add new conditions to the uniform screening panel, to describe challenges posed by newly nominated conditions, including low- incidence diseases, late onset variants, and new treatments without long-term efficacy data. (2) The barriers that preclude States from adding new uniform screening panel conditions to their State screening panels with recommendations on resources needed to help States implement uniform screening panel recommendations. (3) The current state of federally and privately funded newborn screening research with recommendations for optimizing the capacity of this research, including piloting multiple prospective conditions at once and addressing rare disease questions. (4) New and emerging technologies that would permit screening for new categories of disorders, or would make current screening more effective, more efficient, or less expensive. (5) Technological and other infrastructure needs to improve timeliness of diagnosis and short- and long-term follow-up for infants identified through newborn screening and improve public health surveillance. (6) Current and future communication and educational needs for priority stakeholders and the public to promote understanding and knowledge of a modernized newborn screening system with an emphasis on evolving communication channels and messaging. (7) The extent to which newborn screening yields better data on the disease prevalence for screened conditions and improves long-term outcomes for those identified through newborn screening, including existing systems supporting such data collection and recommendations for systems that would allow for improved data collection. (8) The impact on newborn morbidity and mortality in States that adopt newborn screening tests included on the uniform panel. (b) Public Stakeholder Meeting.--In the course of completing the study described in subsection (a), NAM or such other appropriate entity shall hold not less than one public meeting to obtain stakeholder input on the topics of such study. (c) Report.--Not later than 18 months after the effective date of the agreement under subsection (a), such agreement shall require NAM, or such other appropriate entity, to submit to the Secretary of Health and Human Services and the appropriate committees of jurisdiction of Congress a report containing-- (1) the results of the study conducted under subsection (a); (2) recommendations to modernize the processes described in subsection (a)(1); and (3) recommendations for such legislative and administrative action as NAM, or such other appropriate entity, determines appropriate. (d) Authorization of Appropriations.--There is authorized to be appropriated $2,000,000 for the period of fiscal years 2022 and 2023 to carry out this section. Passed the House of Representatives June 23, 2021. Attest: CHERYL L. JOHNSON, Clerk.

Newborn Screening Saves Lives Reauthorization Act of 2021

To amend the Public Health Service Act to reauthorize certain programs under part A of title XI of such Act relating to genetic diseases, and for other purposes.

Newborn Screening Saves Lives Reauthorization Act of 2021 Newborn Screening Saves Lives Reauthorization Act of 2021 Newborn Screening Saves Lives Reauthorization Act of 2021

Rep. Roybal-Allard, Lucille

D

CA

This bill reauthorizes through FY2026 and revises several programs and activities relating to newborn screening for certain conditions and genetic, endocrine, and metabolic diseases. Among its changes, the bill reauthorizes and makes mandatory The bill also aligns statutory requirements for research on non-identified newborn blood spots with federal regulations governing research on human subjects. These blood spots are collected as part of newborn screening programs, and some states make them available for biomedical and public health research. Under current regulations, research on non-identified bio-specimens such as blood spots is not considered to be research on human subjects, to which additional protections apply.

SHORT TITLE. 2. 300b-8(c)) is amended-- (1) by striking ``or will use'' and inserting ``will use''; and (2) by inserting ``, or will use amounts received under such grant to enhance capacity and infrastructure to facilitate the adoption of,'' before ``the guidelines and recommendations''. 3. ADVISORY COMMITTEE ON HERITABLE DISORDERS IN NEWBORNS AND CHILDREN. 4. CLEARINGHOUSE OF NEWBORN SCREENING INFORMATION. Section 1112(c) of the Public Health Service Act (42 U.S.C. 5. LABORATORY QUALITY AND SURVEILLANCE. 300b-12) is amended-- (1) in subsection (a)-- (A) in paragraph (1)-- (i) by striking ``performance evaluation services,'' and inserting ``development of new screening tests,''; and (ii) by striking ``and'' at the end; (B) in paragraph (2)-- (i) by striking ``performance test materials'' and inserting ``test performance materials''; and (ii) by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(3) performance evaluation services to enhance disease detection, including the development of tools, resources, and infrastructure to improve data analysis, test result interpretation, data harmonization, and dissemination of laboratory best practices. 6. HUNTER KELLY RESEARCH PROGRAM. 7. AUTHORIZATION OF APPROPRIATIONS FOR NEWBORN SCREENING PROGRAMS AND ACTIVITIES. 300b-16) is amended-- (1) in paragraph (1)-- (A) by striking ``$11,900,000'' and inserting ``$31,000,000''; (B) by striking ``2015'' and inserting ``2022''; and (C) by striking ``2019'' and inserting ``2026''; and (2) in paragraph (2)-- (A) by striking ``$8,000,000'' and inserting ``$29,650,000''; (B) by striking ``2015'' and inserting ``2022''; and (C) by striking ``2019'' and inserting ``2026''. 289 note) is amended to read as follows: ``SEC. 12. INSTITUTIONAL REVIEW BOARDS; ETHICS GUIDANCE PROGRAM. 200 et seq.).''. SEC. 9. (2) The barriers that preclude States from adding new uniform screening panel conditions to their State screening panels with recommendations on resources needed to help States implement uniform screening panel recommendations. (6) Current and future communication and educational needs for priority stakeholders and the public to promote understanding and knowledge of a modernized newborn screening system with an emphasis on evolving communication channels and messaging. (7) The extent to which newborn screening yields better data on the disease prevalence for screened conditions and improves long-term outcomes for those identified through newborn screening, including existing systems supporting such data collection and recommendations for systems that would allow for improved data collection. (c) Report.--Not later than 18 months after the effective date of the agreement under subsection (a), such agreement shall require NAM, or such other appropriate entity, to submit to the Secretary of Health and Human Services and the appropriate committees of jurisdiction of Congress a report containing-- (1) the results of the study conducted under subsection (a); (2) recommendations to modernize the processes described in subsection (a)(1); and (3) recommendations for such legislative and administrative action as NAM, or such other appropriate entity, determines appropriate. Passed the House of Representatives June 23, 2021. Attest: CHERYL L. JOHNSON, Clerk.

SHORT TITLE. 2. 300b-8(c)) is amended-- (1) by striking ``or will use'' and inserting ``will use''; and (2) by inserting ``, or will use amounts received under such grant to enhance capacity and infrastructure to facilitate the adoption of,'' before ``the guidelines and recommendations''. 3. ADVISORY COMMITTEE ON HERITABLE DISORDERS IN NEWBORNS AND CHILDREN. 4. CLEARINGHOUSE OF NEWBORN SCREENING INFORMATION. Section 1112(c) of the Public Health Service Act (42 U.S.C. 5. LABORATORY QUALITY AND SURVEILLANCE. 6. HUNTER KELLY RESEARCH PROGRAM. 7. 300b-16) is amended-- (1) in paragraph (1)-- (A) by striking ``$11,900,000'' and inserting ``$31,000,000''; (B) by striking ``2015'' and inserting ``2022''; and (C) by striking ``2019'' and inserting ``2026''; and (2) in paragraph (2)-- (A) by striking ``$8,000,000'' and inserting ``$29,650,000''; (B) by striking ``2015'' and inserting ``2022''; and (C) by striking ``2019'' and inserting ``2026''. 289 note) is amended to read as follows: ``SEC. 12. INSTITUTIONAL REVIEW BOARDS; ETHICS GUIDANCE PROGRAM. SEC. 9. (2) The barriers that preclude States from adding new uniform screening panel conditions to their State screening panels with recommendations on resources needed to help States implement uniform screening panel recommendations. (7) The extent to which newborn screening yields better data on the disease prevalence for screened conditions and improves long-term outcomes for those identified through newborn screening, including existing systems supporting such data collection and recommendations for systems that would allow for improved data collection. (c) Report.--Not later than 18 months after the effective date of the agreement under subsection (a), such agreement shall require NAM, or such other appropriate entity, to submit to the Secretary of Health and Human Services and the appropriate committees of jurisdiction of Congress a report containing-- (1) the results of the study conducted under subsection (a); (2) recommendations to modernize the processes described in subsection (a)(1); and (3) recommendations for such legislative and administrative action as NAM, or such other appropriate entity, determines appropriate. Passed the House of Representatives June 23, 2021.

SHORT TITLE. This Act may be cited as the ``Newborn Screening Saves Lives Reauthorization Act of 2021''. 2. 300b-8(a)) is amended-- (1) in paragraph (1), by striking ``enhance, improve or'' and inserting ``facilitate, enhance, improve, or''; (2) by amending paragraph (3) to read as follows: ``(3) to develop, and deliver to parents, families, and patient advocacy and support groups, educational programs that-- ``(A) address newborn screening counseling, testing (including newborn screening pilot studies), follow-up, treatment, specialty services, and long-term care; ``(B) assess the target audience's current knowledge, incorporate health communications strategies, and measure impact; and ``(C) are at appropriate literacy levels;''; and (3) in paragraph (4)-- (A) by striking ``followup'' and inserting ``follow-up''; and (B) by inserting before the semicolon at the end the following: ``, including re-engaging patients who have not received recommended follow-up services and supports''. 300b-8(c)) is amended-- (1) by striking ``or will use'' and inserting ``will use''; and (2) by inserting ``, or will use amounts received under such grant to enhance capacity and infrastructure to facilitate the adoption of,'' before ``the guidelines and recommendations''. 3. ADVISORY COMMITTEE ON HERITABLE DISORDERS IN NEWBORNS AND CHILDREN. 4. CLEARINGHOUSE OF NEWBORN SCREENING INFORMATION. Section 1112(c) of the Public Health Service Act (42 U.S.C. 5. LABORATORY QUALITY AND SURVEILLANCE. 300b-12) is amended-- (1) in subsection (a)-- (A) in paragraph (1)-- (i) by striking ``performance evaluation services,'' and inserting ``development of new screening tests,''; and (ii) by striking ``and'' at the end; (B) in paragraph (2)-- (i) by striking ``performance test materials'' and inserting ``test performance materials''; and (ii) by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(3) performance evaluation services to enhance disease detection, including the development of tools, resources, and infrastructure to improve data analysis, test result interpretation, data harmonization, and dissemination of laboratory best practices. 6. HUNTER KELLY RESEARCH PROGRAM. 7. AUTHORIZATION OF APPROPRIATIONS FOR NEWBORN SCREENING PROGRAMS AND ACTIVITIES. 300b-16) is amended-- (1) in paragraph (1)-- (A) by striking ``$11,900,000'' and inserting ``$31,000,000''; (B) by striking ``2015'' and inserting ``2022''; and (C) by striking ``2019'' and inserting ``2026''; and (2) in paragraph (2)-- (A) by striking ``$8,000,000'' and inserting ``$29,650,000''; (B) by striking ``2015'' and inserting ``2022''; and (C) by striking ``2019'' and inserting ``2026''. 289 note) is amended to read as follows: ``SEC. 12. INSTITUTIONAL REVIEW BOARDS; ETHICS GUIDANCE PROGRAM. ``Research on nonidentified newborn dried blood spots shall be considered secondary research (as that term is defined in section 46.104(d)(4) of title 45, Code of Federal Regulations (or successor regulations)) with nonidentified biospecimens for purposes of federally funded research conducted pursuant to the Public Health Service Act (42 U.S.C. 200 et seq.).''. SEC. 9. (2) The barriers that preclude States from adding new uniform screening panel conditions to their State screening panels with recommendations on resources needed to help States implement uniform screening panel recommendations. (6) Current and future communication and educational needs for priority stakeholders and the public to promote understanding and knowledge of a modernized newborn screening system with an emphasis on evolving communication channels and messaging. (7) The extent to which newborn screening yields better data on the disease prevalence for screened conditions and improves long-term outcomes for those identified through newborn screening, including existing systems supporting such data collection and recommendations for systems that would allow for improved data collection. (c) Report.--Not later than 18 months after the effective date of the agreement under subsection (a), such agreement shall require NAM, or such other appropriate entity, to submit to the Secretary of Health and Human Services and the appropriate committees of jurisdiction of Congress a report containing-- (1) the results of the study conducted under subsection (a); (2) recommendations to modernize the processes described in subsection (a)(1); and (3) recommendations for such legislative and administrative action as NAM, or such other appropriate entity, determines appropriate. Passed the House of Representatives June 23, 2021. Attest: CHERYL L. JOHNSON, Clerk.

SHORT TITLE. This Act may be cited as the ``Newborn Screening Saves Lives Reauthorization Act of 2021''. 2. 300b-8(a)) is amended-- (1) in paragraph (1), by striking ``enhance, improve or'' and inserting ``facilitate, enhance, improve, or''; (2) by amending paragraph (3) to read as follows: ``(3) to develop, and deliver to parents, families, and patient advocacy and support groups, educational programs that-- ``(A) address newborn screening counseling, testing (including newborn screening pilot studies), follow-up, treatment, specialty services, and long-term care; ``(B) assess the target audience's current knowledge, incorporate health communications strategies, and measure impact; and ``(C) are at appropriate literacy levels;''; and (3) in paragraph (4)-- (A) by striking ``followup'' and inserting ``follow-up''; and (B) by inserting before the semicolon at the end the following: ``, including re-engaging patients who have not received recommended follow-up services and supports''. 300b-8(c)) is amended-- (1) by striking ``or will use'' and inserting ``will use''; and (2) by inserting ``, or will use amounts received under such grant to enhance capacity and infrastructure to facilitate the adoption of,'' before ``the guidelines and recommendations''. 3. ADVISORY COMMITTEE ON HERITABLE DISORDERS IN NEWBORNS AND CHILDREN. 300b-10) is amended-- (1) in subsection (b)-- (A) in paragraph (5), by inserting ``and adopt process improvements'' after ``take appropriate steps''; (B) in paragraph (7) by striking ``and'' at the end; (C) by redesignating paragraph (8) as paragraph (9); (D) by inserting after paragraph (7) the following: ``(8) develop, maintain, and publish on a publicly accessible website consumer-friendly materials detailing-- ``(A) the uniform screening panel nomination process, including data requirements, standards, and the use of international data in nomination submissions; and ``(B) the process for obtaining technical assistance for submitting nominations to the uniform screening panel and detailing the instances in which the provision of technical assistance would introduce a conflict of interest for members of the Advisory Committee; and''; (E) in paragraph (9), as redesignated-- (i) by redesignating subparagraphs (K) and (L) as subparagraphs (L) and (M), respectively; and (ii) by inserting after subparagraph (J) the following: ``(K) the appropriate and recommended use of safe and effective genetic testing by health care professionals in newborns and children with an initial diagnosis of a disease or condition characterized by a variety of genetic causes and manifestations;''; and (2) in subsection (g)-- (A) in paragraph (1) by striking ``2019'' and inserting ``2026''; and (B) in paragraph (2) by striking ``2019'' and inserting ``2026''. 4. CLEARINGHOUSE OF NEWBORN SCREENING INFORMATION. Section 1112(c) of the Public Health Service Act (42 U.S.C. 300b- 11(c)) is amended by striking ``and supplement, not supplant, existing information sharing efforts'' and inserting ``and complement other Federal newborn screening information sharing activities''. 5. LABORATORY QUALITY AND SURVEILLANCE. 300b-12) is amended-- (1) in subsection (a)-- (A) in paragraph (1)-- (i) by striking ``performance evaluation services,'' and inserting ``development of new screening tests,''; and (ii) by striking ``and'' at the end; (B) in paragraph (2)-- (i) by striking ``performance test materials'' and inserting ``test performance materials''; and (ii) by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(3) performance evaluation services to enhance disease detection, including the development of tools, resources, and infrastructure to improve data analysis, test result interpretation, data harmonization, and dissemination of laboratory best practices. 6. HUNTER KELLY RESEARCH PROGRAM. 7. AUTHORIZATION OF APPROPRIATIONS FOR NEWBORN SCREENING PROGRAMS AND ACTIVITIES. 300b-16) is amended-- (1) in paragraph (1)-- (A) by striking ``$11,900,000'' and inserting ``$31,000,000''; (B) by striking ``2015'' and inserting ``2022''; and (C) by striking ``2019'' and inserting ``2026''; and (2) in paragraph (2)-- (A) by striking ``$8,000,000'' and inserting ``$29,650,000''; (B) by striking ``2015'' and inserting ``2022''; and (C) by striking ``2019'' and inserting ``2026''. 289 note) is amended to read as follows: ``SEC. 12. INSTITUTIONAL REVIEW BOARDS; ETHICS GUIDANCE PROGRAM. ``Research on nonidentified newborn dried blood spots shall be considered secondary research (as that term is defined in section 46.104(d)(4) of title 45, Code of Federal Regulations (or successor regulations)) with nonidentified biospecimens for purposes of federally funded research conducted pursuant to the Public Health Service Act (42 U.S.C. 200 et seq.).''. SEC. 9. (2) The barriers that preclude States from adding new uniform screening panel conditions to their State screening panels with recommendations on resources needed to help States implement uniform screening panel recommendations. (6) Current and future communication and educational needs for priority stakeholders and the public to promote understanding and knowledge of a modernized newborn screening system with an emphasis on evolving communication channels and messaging. (7) The extent to which newborn screening yields better data on the disease prevalence for screened conditions and improves long-term outcomes for those identified through newborn screening, including existing systems supporting such data collection and recommendations for systems that would allow for improved data collection. (b) Public Stakeholder Meeting.--In the course of completing the study described in subsection (a), NAM or such other appropriate entity shall hold not less than one public meeting to obtain stakeholder input on the topics of such study. (c) Report.--Not later than 18 months after the effective date of the agreement under subsection (a), such agreement shall require NAM, or such other appropriate entity, to submit to the Secretary of Health and Human Services and the appropriate committees of jurisdiction of Congress a report containing-- (1) the results of the study conducted under subsection (a); (2) recommendations to modernize the processes described in subsection (a)(1); and (3) recommendations for such legislative and administrative action as NAM, or such other appropriate entity, determines appropriate. Passed the House of Representatives June 23, 2021. Attest: CHERYL L. JOHNSON, Clerk.

To amend the Public Health Service Act to reauthorize certain programs under part A of title XI of such Act relating to genetic diseases, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 300b-8(c)) is amended-- (1) by striking ``or will use'' and inserting ``will use''; and (2) by inserting ``, or will use amounts received under such grant to enhance capacity and infrastructure to facilitate the adoption of,'' before ``the guidelines and recommendations''. ADVISORY COMMITTEE ON HERITABLE DISORDERS IN NEWBORNS AND CHILDREN. CLEARINGHOUSE OF NEWBORN SCREENING INFORMATION. Section 1112(c) of the Public Health Service Act (42 U.S.C. 300b- 11(c)) is amended by striking ``and supplement, not supplant, existing information sharing efforts'' and inserting ``and complement other Federal newborn screening information sharing activities''. LABORATORY QUALITY AND SURVEILLANCE. HUNTER KELLY RESEARCH PROGRAM. Section 1116 of the Public Health Service Act (42 U.S.C. AUTHORIZATION OF APPROPRIATIONS FOR NEWBORN SCREENING PROGRAMS AND ACTIVITIES. INSTITUTIONAL REVIEW BOARDS; ETHICS GUIDANCE PROGRAM. ``Research on nonidentified newborn dried blood spots shall be considered secondary research (as that term is defined in section 46.104(d)(4) of title 45, Code of Federal Regulations (or successor regulations)) with nonidentified biospecimens for purposes of federally funded research conducted pursuant to the Public Health Service Act (42 U.S.C. 200 et seq.).''. 2) The barriers that preclude States from adding new uniform screening panel conditions to their State screening panels with recommendations on resources needed to help States implement uniform screening panel recommendations. ( (4) New and emerging technologies that would permit screening for new categories of disorders, or would make current screening more effective, more efficient, or less expensive. ( 6) Current and future communication and educational needs for priority stakeholders and the public to promote understanding and knowledge of a modernized newborn screening system with an emphasis on evolving communication channels and messaging. ( (c) Report.--Not later than 18 months after the effective date of the agreement under subsection (a), such agreement shall require NAM, or such other appropriate entity, to submit to the Secretary of Health and Human Services and the appropriate committees of jurisdiction of Congress a report containing-- (1) the results of the study conducted under subsection (a); (2) recommendations to modernize the processes described in subsection (a)(1); and (3) recommendations for such legislative and administrative action as NAM, or such other appropriate entity, determines appropriate. ( Passed the House of Representatives June 23, 2021.

To amend the Public Health Service Act to reauthorize certain programs under part A of title XI of such Act relating to genetic diseases, and for other purposes. b) Approval Factors.--Section 1109(c) of the Public Health Service Act (42 U.S.C. 300b-8(c)) is amended-- (1) by striking ``or will use'' and inserting ``will use''; and (2) by inserting ``, or will use amounts received under such grant to enhance capacity and infrastructure to facilitate the adoption of,'' before ``the guidelines and recommendations''. CLEARINGHOUSE OF NEWBORN SCREENING INFORMATION. Section 1112(c) of the Public Health Service Act (42 U.S.C. 300b- 11(c)) is amended by striking ``and supplement, not supplant, existing information sharing efforts'' and inserting ``and complement other Federal newborn screening information sharing activities''. HUNTER KELLY RESEARCH PROGRAM. AUTHORIZATION OF APPROPRIATIONS FOR NEWBORN SCREENING PROGRAMS AND ACTIVITIES. 2) The barriers that preclude States from adding new uniform screening panel conditions to their State screening panels with recommendations on resources needed to help States implement uniform screening panel recommendations. (3) The current state of federally and privately funded newborn screening research with recommendations for optimizing the capacity of this research, including piloting multiple prospective conditions at once and addressing rare disease questions. ( 8) The impact on newborn morbidity and mortality in States that adopt newborn screening tests included on the uniform panel. ( c) Report.--Not later than 18 months after the effective date of the agreement under subsection (a), such agreement shall require NAM, or such other appropriate entity, to submit to the Secretary of Health and Human Services and the appropriate committees of jurisdiction of Congress a report containing-- (1) the results of the study conducted under subsection (a); (2) recommendations to modernize the processes described in subsection (a)(1); and (3) recommendations for such legislative and administrative action as NAM, or such other appropriate entity, determines appropriate. (

To amend the Public Health Service Act to reauthorize certain programs under part A of title XI of such Act relating to genetic diseases, and for other purposes. b) Approval Factors.--Section 1109(c) of the Public Health Service Act (42 U.S.C. 300b-8(c)) is amended-- (1) by striking ``or will use'' and inserting ``will use''; and (2) by inserting ``, or will use amounts received under such grant to enhance capacity and infrastructure to facilitate the adoption of,'' before ``the guidelines and recommendations''. CLEARINGHOUSE OF NEWBORN SCREENING INFORMATION. Section 1112(c) of the Public Health Service Act (42 U.S.C. 300b- 11(c)) is amended by striking ``and supplement, not supplant, existing information sharing efforts'' and inserting ``and complement other Federal newborn screening information sharing activities''. HUNTER KELLY RESEARCH PROGRAM. AUTHORIZATION OF APPROPRIATIONS FOR NEWBORN SCREENING PROGRAMS AND ACTIVITIES. 2) The barriers that preclude States from adding new uniform screening panel conditions to their State screening panels with recommendations on resources needed to help States implement uniform screening panel recommendations. (3) The current state of federally and privately funded newborn screening research with recommendations for optimizing the capacity of this research, including piloting multiple prospective conditions at once and addressing rare disease questions. ( 8) The impact on newborn morbidity and mortality in States that adopt newborn screening tests included on the uniform panel. ( c) Report.--Not later than 18 months after the effective date of the agreement under subsection (a), such agreement shall require NAM, or such other appropriate entity, to submit to the Secretary of Health and Human Services and the appropriate committees of jurisdiction of Congress a report containing-- (1) the results of the study conducted under subsection (a); (2) recommendations to modernize the processes described in subsection (a)(1); and (3) recommendations for such legislative and administrative action as NAM, or such other appropriate entity, determines appropriate. (

To amend the Public Health Service Act to reauthorize certain programs under part A of title XI of such Act relating to genetic diseases, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 300b-8(c)) is amended-- (1) by striking ``or will use'' and inserting ``will use''; and (2) by inserting ``, or will use amounts received under such grant to enhance capacity and infrastructure to facilitate the adoption of,'' before ``the guidelines and recommendations''. ADVISORY COMMITTEE ON HERITABLE DISORDERS IN NEWBORNS AND CHILDREN. CLEARINGHOUSE OF NEWBORN SCREENING INFORMATION. Section 1112(c) of the Public Health Service Act (42 U.S.C. 300b- 11(c)) is amended by striking ``and supplement, not supplant, existing information sharing efforts'' and inserting ``and complement other Federal newborn screening information sharing activities''. LABORATORY QUALITY AND SURVEILLANCE. HUNTER KELLY RESEARCH PROGRAM. Section 1116 of the Public Health Service Act (42 U.S.C. AUTHORIZATION OF APPROPRIATIONS FOR NEWBORN SCREENING PROGRAMS AND ACTIVITIES. INSTITUTIONAL REVIEW BOARDS; ETHICS GUIDANCE PROGRAM. ``Research on nonidentified newborn dried blood spots shall be considered secondary research (as that term is defined in section 46.104(d)(4) of title 45, Code of Federal Regulations (or successor regulations)) with nonidentified biospecimens for purposes of federally funded research conducted pursuant to the Public Health Service Act (42 U.S.C. 200 et seq.).''. 2) The barriers that preclude States from adding new uniform screening panel conditions to their State screening panels with recommendations on resources needed to help States implement uniform screening panel recommendations. ( (4) New and emerging technologies that would permit screening for new categories of disorders, or would make current screening more effective, more efficient, or less expensive. ( 6) Current and future communication and educational needs for priority stakeholders and the public to promote understanding and knowledge of a modernized newborn screening system with an emphasis on evolving communication channels and messaging. ( (c) Report.--Not later than 18 months after the effective date of the agreement under subsection (a), such agreement shall require NAM, or such other appropriate entity, to submit to the Secretary of Health and Human Services and the appropriate committees of jurisdiction of Congress a report containing-- (1) the results of the study conducted under subsection (a); (2) recommendations to modernize the processes described in subsection (a)(1); and (3) recommendations for such legislative and administrative action as NAM, or such other appropriate entity, determines appropriate. ( Passed the House of Representatives June 23, 2021.

To amend the Public Health Service Act to reauthorize certain programs under part A of title XI of such Act relating to genetic diseases, and for other purposes. b) Approval Factors.--Section 1109(c) of the Public Health Service Act (42 U.S.C. 300b-8(c)) is amended-- (1) by striking ``or will use'' and inserting ``will use''; and (2) by inserting ``, or will use amounts received under such grant to enhance capacity and infrastructure to facilitate the adoption of,'' before ``the guidelines and recommendations''. CLEARINGHOUSE OF NEWBORN SCREENING INFORMATION. Section 1112(c) of the Public Health Service Act (42 U.S.C. 300b- 11(c)) is amended by striking ``and supplement, not supplant, existing information sharing efforts'' and inserting ``and complement other Federal newborn screening information sharing activities''. HUNTER KELLY RESEARCH PROGRAM. AUTHORIZATION OF APPROPRIATIONS FOR NEWBORN SCREENING PROGRAMS AND ACTIVITIES. 2) The barriers that preclude States from adding new uniform screening panel conditions to their State screening panels with recommendations on resources needed to help States implement uniform screening panel recommendations. (3) The current state of federally and privately funded newborn screening research with recommendations for optimizing the capacity of this research, including piloting multiple prospective conditions at once and addressing rare disease questions. ( 8) The impact on newborn morbidity and mortality in States that adopt newborn screening tests included on the uniform panel. ( c) Report.--Not later than 18 months after the effective date of the agreement under subsection (a), such agreement shall require NAM, or such other appropriate entity, to submit to the Secretary of Health and Human Services and the appropriate committees of jurisdiction of Congress a report containing-- (1) the results of the study conducted under subsection (a); (2) recommendations to modernize the processes described in subsection (a)(1); and (3) recommendations for such legislative and administrative action as NAM, or such other appropriate entity, determines appropriate. (

To amend the Public Health Service Act to reauthorize certain programs under part A of title XI of such Act relating to genetic diseases, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 300b-8(c)) is amended-- (1) by striking ``or will use'' and inserting ``will use''; and (2) by inserting ``, or will use amounts received under such grant to enhance capacity and infrastructure to facilitate the adoption of,'' before ``the guidelines and recommendations''. ADVISORY COMMITTEE ON HERITABLE DISORDERS IN NEWBORNS AND CHILDREN. CLEARINGHOUSE OF NEWBORN SCREENING INFORMATION. Section 1112(c) of the Public Health Service Act (42 U.S.C. 300b- 11(c)) is amended by striking ``and supplement, not supplant, existing information sharing efforts'' and inserting ``and complement other Federal newborn screening information sharing activities''. LABORATORY QUALITY AND SURVEILLANCE. HUNTER KELLY RESEARCH PROGRAM. Section 1116 of the Public Health Service Act (42 U.S.C. AUTHORIZATION OF APPROPRIATIONS FOR NEWBORN SCREENING PROGRAMS AND ACTIVITIES. INSTITUTIONAL REVIEW BOARDS; ETHICS GUIDANCE PROGRAM. ``Research on nonidentified newborn dried blood spots shall be considered secondary research (as that term is defined in section 46.104(d)(4) of title 45, Code of Federal Regulations (or successor regulations)) with nonidentified biospecimens for purposes of federally funded research conducted pursuant to the Public Health Service Act (42 U.S.C. 200 et seq.).''. 2) The barriers that preclude States from adding new uniform screening panel conditions to their State screening panels with recommendations on resources needed to help States implement uniform screening panel recommendations. ( (4) New and emerging technologies that would permit screening for new categories of disorders, or would make current screening more effective, more efficient, or less expensive. ( 6) Current and future communication and educational needs for priority stakeholders and the public to promote understanding and knowledge of a modernized newborn screening system with an emphasis on evolving communication channels and messaging. ( (c) Report.--Not later than 18 months after the effective date of the agreement under subsection (a), such agreement shall require NAM, or such other appropriate entity, to submit to the Secretary of Health and Human Services and the appropriate committees of jurisdiction of Congress a report containing-- (1) the results of the study conducted under subsection (a); (2) recommendations to modernize the processes described in subsection (a)(1); and (3) recommendations for such legislative and administrative action as NAM, or such other appropriate entity, determines appropriate. ( Passed the House of Representatives June 23, 2021.

To amend the Public Health Service Act to reauthorize certain programs under part A of title XI of such Act relating to genetic diseases, and for other purposes. b) Approval Factors.--Section 1109(c) of the Public Health Service Act (42 U.S.C. 300b-8(c)) is amended-- (1) by striking ``or will use'' and inserting ``will use''; and (2) by inserting ``, or will use amounts received under such grant to enhance capacity and infrastructure to facilitate the adoption of,'' before ``the guidelines and recommendations''. CLEARINGHOUSE OF NEWBORN SCREENING INFORMATION. Section 1112(c) of the Public Health Service Act (42 U.S.C. 300b- 11(c)) is amended by striking ``and supplement, not supplant, existing information sharing efforts'' and inserting ``and complement other Federal newborn screening information sharing activities''. HUNTER KELLY RESEARCH PROGRAM. AUTHORIZATION OF APPROPRIATIONS FOR NEWBORN SCREENING PROGRAMS AND ACTIVITIES. 2) The barriers that preclude States from adding new uniform screening panel conditions to their State screening panels with recommendations on resources needed to help States implement uniform screening panel recommendations. (3) The current state of federally and privately funded newborn screening research with recommendations for optimizing the capacity of this research, including piloting multiple prospective conditions at once and addressing rare disease questions. ( 8) The impact on newborn morbidity and mortality in States that adopt newborn screening tests included on the uniform panel. ( c) Report.--Not later than 18 months after the effective date of the agreement under subsection (a), such agreement shall require NAM, or such other appropriate entity, to submit to the Secretary of Health and Human Services and the appropriate committees of jurisdiction of Congress a report containing-- (1) the results of the study conducted under subsection (a); (2) recommendations to modernize the processes described in subsection (a)(1); and (3) recommendations for such legislative and administrative action as NAM, or such other appropriate entity, determines appropriate. (

To amend the Public Health Service Act to reauthorize certain programs under part A of title XI of such Act relating to genetic diseases, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 300b-8(c)) is amended-- (1) by striking ``or will use'' and inserting ``will use''; and (2) by inserting ``, or will use amounts received under such grant to enhance capacity and infrastructure to facilitate the adoption of,'' before ``the guidelines and recommendations''. ADVISORY COMMITTEE ON HERITABLE DISORDERS IN NEWBORNS AND CHILDREN. CLEARINGHOUSE OF NEWBORN SCREENING INFORMATION. Section 1112(c) of the Public Health Service Act (42 U.S.C. 300b- 11(c)) is amended by striking ``and supplement, not supplant, existing information sharing efforts'' and inserting ``and complement other Federal newborn screening information sharing activities''. LABORATORY QUALITY AND SURVEILLANCE. HUNTER KELLY RESEARCH PROGRAM. Section 1116 of the Public Health Service Act (42 U.S.C. AUTHORIZATION OF APPROPRIATIONS FOR NEWBORN SCREENING PROGRAMS AND ACTIVITIES. INSTITUTIONAL REVIEW BOARDS; ETHICS GUIDANCE PROGRAM. ``Research on nonidentified newborn dried blood spots shall be considered secondary research (as that term is defined in section 46.104(d)(4) of title 45, Code of Federal Regulations (or successor regulations)) with nonidentified biospecimens for purposes of federally funded research conducted pursuant to the Public Health Service Act (42 U.S.C. 200 et seq.).''. 2) The barriers that preclude States from adding new uniform screening panel conditions to their State screening panels with recommendations on resources needed to help States implement uniform screening panel recommendations. ( (4) New and emerging technologies that would permit screening for new categories of disorders, or would make current screening more effective, more efficient, or less expensive. ( 6) Current and future communication and educational needs for priority stakeholders and the public to promote understanding and knowledge of a modernized newborn screening system with an emphasis on evolving communication channels and messaging. ( (c) Report.--Not later than 18 months after the effective date of the agreement under subsection (a), such agreement shall require NAM, or such other appropriate entity, to submit to the Secretary of Health and Human Services and the appropriate committees of jurisdiction of Congress a report containing-- (1) the results of the study conducted under subsection (a); (2) recommendations to modernize the processes described in subsection (a)(1); and (3) recommendations for such legislative and administrative action as NAM, or such other appropriate entity, determines appropriate. ( Passed the House of Representatives June 23, 2021.

To amend the Public Health Service Act to reauthorize certain programs under part A of title XI of such Act relating to genetic diseases, and for other purposes. b) Approval Factors.--Section 1109(c) of the Public Health Service Act (42 U.S.C. 300b-8(c)) is amended-- (1) by striking ``or will use'' and inserting ``will use''; and (2) by inserting ``, or will use amounts received under such grant to enhance capacity and infrastructure to facilitate the adoption of,'' before ``the guidelines and recommendations''. CLEARINGHOUSE OF NEWBORN SCREENING INFORMATION. Section 1112(c) of the Public Health Service Act (42 U.S.C. 300b- 11(c)) is amended by striking ``and supplement, not supplant, existing information sharing efforts'' and inserting ``and complement other Federal newborn screening information sharing activities''. HUNTER KELLY RESEARCH PROGRAM. AUTHORIZATION OF APPROPRIATIONS FOR NEWBORN SCREENING PROGRAMS AND ACTIVITIES. 2) The barriers that preclude States from adding new uniform screening panel conditions to their State screening panels with recommendations on resources needed to help States implement uniform screening panel recommendations. (3) The current state of federally and privately funded newborn screening research with recommendations for optimizing the capacity of this research, including piloting multiple prospective conditions at once and addressing rare disease questions. ( 8) The impact on newborn morbidity and mortality in States that adopt newborn screening tests included on the uniform panel. ( c) Report.--Not later than 18 months after the effective date of the agreement under subsection (a), such agreement shall require NAM, or such other appropriate entity, to submit to the Secretary of Health and Human Services and the appropriate committees of jurisdiction of Congress a report containing-- (1) the results of the study conducted under subsection (a); (2) recommendations to modernize the processes described in subsection (a)(1); and (3) recommendations for such legislative and administrative action as NAM, or such other appropriate entity, determines appropriate. (

To amend the Public Health Service Act to reauthorize certain programs under part A of title XI of such Act relating to genetic diseases, and for other purposes. CLEARINGHOUSE OF NEWBORN SCREENING INFORMATION. Section 1112(c) of the Public Health Service Act (42 U.S.C. 300b- 11(c)) is amended by striking ``and supplement, not supplant, existing information sharing efforts'' and inserting ``and complement other Federal newborn screening information sharing activities''. 2) The barriers that preclude States from adding new uniform screening panel conditions to their State screening panels with recommendations on resources needed to help States implement uniform screening panel recommendations. ( ( 6) Current and future communication and educational needs for priority stakeholders and the public to promote understanding and knowledge of a modernized newborn screening system with an emphasis on evolving communication channels and messaging. ( (

Newborn Screening Saves Lives Reauthorization Act of 2021 - Amends the Public Health Service Act to reauthorize certain programs relating to genetic diseases, and for other purposes. (Sec. 2) Amends title XI (Medicare) of the Act to: (1) revise the definition of "newborn screening" to include newborn screening, testing, follow-up Amends the Newborn Screening Saves Lives Reauthorization Act of 2014 to require the Secretary of Health and Human Services (HHS) to seek to enter into an agreement with the National Academy of Medicine (NAM) under which NAM agrees to conduct a study on: (1) the uniform screening panel review and recommendation processes to identify factors that impact decisions to add new

H.R.3733

Health

Essential Caregivers Act of 2021 This bill requires skilled nursing facilities, nursing facilities, intermediate care facilities for the intellectually disabled, and nearby inpatient rehabilitation facilities to establish an essential caregivers program during a public health emergency. Under the program, facilities must allow each resident to select up to two essential caregivers to provide daily living assistance, emotional support, or companionship during the emergency. Facilities must afford such caregivers 12 hours of access to residents each day (or unlimited access for end-of-life care), and caregivers must agree to follow facility protocols for staff safety. Facilities may deny access to caregivers who violate protocols, subject to certain notification requirements; the Centers for Medicare & Medicaid Services must establish an appeals process relating to such decisions and may take specified enforcement actions against facilities that violate the bill's requirements.

To amend titles XVIII and XIX of the Social Security Act to require skilled nursing facilities, nursing facilities, intermediate care facilities for the intellectually disabled, and inpatient rehabilitation facilities to permit essential caregivers access during any public health emergency under the Medicare and Medicaid 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 ``Essential Caregivers Act of 2021''. SEC. 2. RIGHT TO ESSENTIAL CAREGIVERS. During a public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act, a resident of any skilled nursing facility (as defined in section 1819(a) of the Social Security Act (42 U.S.C. 1395i-3(a))), nursing facility (as defined in section 1919(a) of such Act (42 U.S.C. 1396r(a))), inpatient rehabilitation facility described in section 1886(a)(1)(Z) of such Act (42 U.S.C. 1395cc(a)(1)(Z)), or intermediate care facility for the intellectually disabled (as defined in section 1905(d) of such Act (42 U.S.C. 1396d(d)) has the right to designate two essential caregivers to have access to and provide assistance and support to the resident at any time notwithstanding any waiver made under section 1135 of the Social Security Act (42 U.S.C. 1320b-5). The resident may change who is designated as an essential caregiver. SEC. 3. REQUIRING FACILITIES TO PERMIT ESSENTIAL CAREGIVERS ACCESS DURING ANY PUBLIC HEALTH EMERGENCY. (a) Skilled Nursing Facilities; Nursing Facilities.--Section 1819(c) and 1919(c) of the Social Security Act (42 U.S.C. 1395i-3(c), 1396r(c)) are each amended-- (1) in paragraph (3)-- (A) in subparagraph (D), by striking ``and'' at the end; (B) in subparagraph (E), by striking the period and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(F) implement and maintain, during any public health emergency declared by the Secretary under section 319 of the Public Health Service Act on or after the date of the enactment of this subparagraph for the area in which such facility is located and notwithstanding any waiver made under section 1135, the essential caregivers program described in paragraph (7).''; and (2) by adding at the end the following new paragraph: ``(7) Essential caregivers program.-- ``(A) In general.--For purposes subparagraph (F) of paragraph (3), the essential caregivers program described in this paragraph is a program implemented by a facility described in such paragraph under which such facility shall-- ``(i) allow each resident of such facility the unqualified ability to elect not more than 2 essential caregivers (as defined in subparagraph (D)) to have access to, and provide assistance (as described in subparagraph (C)(i)) to, such resident at such facility, and allow each such resident to amend such election at any time; ``(ii) permit each such caregiver so elected by such resident to provide such assistance to such resident at such facility for 12 hours every day (or, in the case such care is end-of-life care, for an unlimited number of hours every day); and ``(iii) enforce the agreement described in subparagraph (C)(ii) with respect to an essential caregiver. ``(B) Presumption of election.--For purposes of subparagraph (A), in the case of a resident who is unable, by reason of physical or mental disability, to make an election described in such subparagraph, the resident representative (as defined in section 483.5 of title 42, Code of Federal Regulations) of such resident shall be permitted to make such election for such resident. ``(C) Essential caregiver defined.--For purposes of this paragraph, the term `essential caregiver' means, with respect to a resident of a facility described in subparagraph (A), an individual who-- ``(i) will provide assistance consisting of activities of daily living, emotional support, or companionship to such resident; and ``(ii) agrees to follow all safety protocols established by such facility, which shall be clearly specified in writing and be the same as such protocols (including safety standards and entry requirements) applicable to staff of such facility.''. (b) Intermediate Care Facilities for the Intellectually Disabled.-- Section 1905(d) of the Social Security Act (42 U.S.C. 1396d(d)) is amended-- (1) in paragraph (2), by striking ``and'' at the end; (2) in paragraph (3), by striking the period and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(4) the institution implements and maintains, during any public health emergency declared by the Secretary on or after the date of the enactment of this paragraph under section 319 of the Public Health Service Act for the area in which such institution is located and notwithstanding any waiver made under section 1135, the essential caregivers program described in section 1919(c)(7) in the same manner as if such institution were a nursing facility.''. (c) Inpatient Rehabilitation Facilities.--Section 1866(a)(1) of the Social Security Act (42 U.S.C. 1395cc(a)(1)) is amended-- (1) in subparagraph (X), by striking ``and'' at the end; (2) in subparagraph (Y), by striking the period at the end and inserting ``, and''; and (3) by inserting after subparagraph (Y) the following new subparagraph: ``(Z) in the case of an inpatient rehabilitation facility that is located on the same campus (as defined by the Secretary) as a skilled nursing facility, nursing facility (as defined in section 1919(a)), or intermediate care facility for the intellectually disabled (as described in section 1905(d)), to establish and maintain, during any public health emergency declared by the Secretary on or after the date of the enactment of this paragraph under section 319 of the Public Health Service Act for the area in which such institution is located and notwithstanding any waiver made under section 1135, the essential caregivers program described in section 1819(c)(7) in the same manner as if such institution were a skilled nursing facility.''. (d) Compliance and Notification.-- (1) Authority.--No caregiver who meets the definition of an essential caregiver in clause (i) of paragraph (7)(C) of either section 1819(c) and 1919(c) of the Social Security Act and who upholds the agreement described in clause (ii) of such paragraph shall be denied access to the skilled nursing facility (as defined in section 1819(a) of the Social Security Act (42 U.S.C. 1395i-3(a))), nursing facility (as defined in section 1919(a) of such Act (42 U.S.C. 1396r(a))), inpatient rehabilitation facility described in section 1886(a)(1)(Z) of such Act (42 U.S.C. 1395cc(a)(1)(Z)), or intermediate care facility for the intellectually disabled (as defined in section 1905(d) of such Act (42 U.S.C. 1396d(d)) of the resident involved. (2) Notification.-- In the event of non-compliance with either such clause, such facility must first provide a warning to the essential caregiver and resident in writing citing specific issues of non-compliance and providing clear guidance for corrective measures. (3) Enforcement.--Should the essential caregiver or resident fail to take corrective action, they may be subsequently denied access. In such cases, the facility shall provide to such caregiver and such resident (or health care proxy of such resident), not later than 24 hours after such failure to allow access occurs, a written explanation as to why such care-giver was not permitted to furnish such assistance to such resident. Such explanation must include the resident's and caregivers' options for appeal (as described in subsection (e)). (e) Options for Resident and Caregiver Appeal.-- (1) In general.--During any period in which any skilled nursing facility (as defined in section 1819(a) of the Social Security Act (42 U.S.C. 1395i-3(a))), nursing facility (as defined in section 1919(a) of such Act (42 U.S.C. 1396r(a))), inpatient rehabilitation facility described in section 1886(a)(1)(Z) of such Act (42 U.S.C. 1395cc(a)(1)(Z)), or intermediate care facility for the intellectually disabled (as defined in section 1905(d) of such Act (42 U.S.C. 1396d(d)) is required to establish and maintain the essential caregivers program under section 1819(c)(3)(F) of such Act, section 1919(c)(3) of such Act, or section 1905(d)(4) of such Act (as added by subsections (a) and (b)), the Secretary of Health and Human Services shall, not later than 15 days after the first day of such period, establish and maintain a process to-- (A) receive appeals from residents and caregivers challenging a decision to deny access; and (B) investigate all such appeals within 48 hours of receipt. (f) Enforcement.--With respect to appeals received under paragraph (1), the Secretary of Heath and Human Services shall make a determination as to whether a facility described in subsection (e)(1) violated a requirement or prohibition in this Act or in an amendment made by this Act within 7 days of commencing its investigation. If the Secretary determines that a facility has violated a requirement or prohibition in this Act or in an amendment made by this Act, the Secretary shall-- (1) require the facility to establish a corrective action plan to prevent the recurrence of such violation within a 7-day period of receiving notice from the Secretary; and (2) impose a civil money penalty in an amount to be determined by the Secretary if such facility fails to implement the corrective action plan with the 7-day period specified in paragraph (1). (g) Regulations.--The Secretary of Health and Human Services shall, after consultation with stakeholders (including residents, family members, long-term care ombudsmen, other advocates of nursing home residents, and nursing home providers, promulgate regulations to carry out this Act. <all>

Essential Caregivers Act of 2021

To amend titles XVIII and XIX of the Social Security Act to require skilled nursing facilities, nursing facilities, intermediate care facilities for the intellectually disabled, and inpatient rehabilitation facilities to permit essential caregivers access during any public health emergency under the Medicare and Medicaid programs.

Essential Caregivers Act of 2021

Rep. Tenney, Claudia

R

NY

This bill requires skilled nursing facilities, nursing facilities, intermediate care facilities for the intellectually disabled, and nearby inpatient rehabilitation facilities to establish an essential caregivers program during a public health emergency. Under the program, facilities must allow each resident to select up to two essential caregivers to provide daily living assistance, emotional support, or companionship during the emergency. Facilities must afford such caregivers 12 hours of access to residents each day (or unlimited access for end-of-life care), and caregivers must agree to follow facility protocols for staff safety. Facilities may deny access to caregivers who violate protocols, subject to certain notification requirements; the Centers for Medicare & Medicaid Services must establish an appeals process relating to such decisions and may take specified enforcement actions against facilities that violate the bill's requirements.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. RIGHT TO ESSENTIAL CAREGIVERS. 1320b-5). SEC. 3. (a) Skilled Nursing Facilities; Nursing Facilities.--Section 1819(c) and 1919(c) of the Social Security Act (42 U.S.C. 1395i-3(c), 1396r(c)) are each amended-- (1) in paragraph (3)-- (A) in subparagraph (D), by striking ``and'' at the end; (B) in subparagraph (E), by striking the period and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(F) implement and maintain, during any public health emergency declared by the Secretary under section 319 of the Public Health Service Act on or after the date of the enactment of this subparagraph for the area in which such facility is located and notwithstanding any waiver made under section 1135, the essential caregivers program described in paragraph (7). ``(C) Essential caregiver defined.--For purposes of this paragraph, the term `essential caregiver' means, with respect to a resident of a facility described in subparagraph (A), an individual who-- ``(i) will provide assistance consisting of activities of daily living, emotional support, or companionship to such resident; and ``(ii) agrees to follow all safety protocols established by such facility, which shall be clearly specified in writing and be the same as such protocols (including safety standards and entry requirements) applicable to staff of such facility.''. 1396d(d)) of the resident involved. (2) Notification.-- In the event of non-compliance with either such clause, such facility must first provide a warning to the essential caregiver and resident in writing citing specific issues of non-compliance and providing clear guidance for corrective measures. (3) Enforcement.--Should the essential caregiver or resident fail to take corrective action, they may be subsequently denied access. In such cases, the facility shall provide to such caregiver and such resident (or health care proxy of such resident), not later than 24 hours after such failure to allow access occurs, a written explanation as to why such care-giver was not permitted to furnish such assistance to such resident. 1396r(a))), inpatient rehabilitation facility described in section 1886(a)(1)(Z) of such Act (42 U.S.C. 1395cc(a)(1)(Z)), or intermediate care facility for the intellectually disabled (as defined in section 1905(d) of such Act (42 U.S.C. (f) Enforcement.--With respect to appeals received under paragraph (1), the Secretary of Heath and Human Services shall make a determination as to whether a facility described in subsection (e)(1) violated a requirement or prohibition in this Act or in an amendment made by this Act within 7 days of commencing its investigation. (g) Regulations.--The Secretary of Health and Human Services shall, after consultation with stakeholders (including residents, family members, long-term care ombudsmen, other advocates of nursing home residents, and nursing home providers, promulgate regulations to carry out this Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. RIGHT TO ESSENTIAL CAREGIVERS. 1320b-5). SEC. 3. (a) Skilled Nursing Facilities; Nursing Facilities.--Section 1819(c) and 1919(c) of the Social Security Act (42 U.S.C. 1395i-3(c), 1396r(c)) are each amended-- (1) in paragraph (3)-- (A) in subparagraph (D), by striking ``and'' at the end; (B) in subparagraph (E), by striking the period and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(F) implement and maintain, during any public health emergency declared by the Secretary under section 319 of the Public Health Service Act on or after the date of the enactment of this subparagraph for the area in which such facility is located and notwithstanding any waiver made under section 1135, the essential caregivers program described in paragraph (7). 1396d(d)) of the resident involved. (2) Notification.-- In the event of non-compliance with either such clause, such facility must first provide a warning to the essential caregiver and resident in writing citing specific issues of non-compliance and providing clear guidance for corrective measures. In such cases, the facility shall provide to such caregiver and such resident (or health care proxy of such resident), not later than 24 hours after such failure to allow access occurs, a written explanation as to why such care-giver was not permitted to furnish such assistance to such resident. 1396r(a))), inpatient rehabilitation facility described in section 1886(a)(1)(Z) of such Act (42 U.S.C. 1395cc(a)(1)(Z)), or intermediate care facility for the intellectually disabled (as defined in section 1905(d) of such Act (42 U.S.C. (f) Enforcement.--With respect to appeals received under paragraph (1), the Secretary of Heath and Human Services shall make a determination as to whether a facility described in subsection (e)(1) violated a requirement or prohibition in this Act or in an amendment made by this Act within 7 days of commencing its investigation.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. RIGHT TO ESSENTIAL CAREGIVERS. 1320b-5). SEC. 3. REQUIRING FACILITIES TO PERMIT ESSENTIAL CAREGIVERS ACCESS DURING ANY PUBLIC HEALTH EMERGENCY. (a) Skilled Nursing Facilities; Nursing Facilities.--Section 1819(c) and 1919(c) of the Social Security Act (42 U.S.C. 1395i-3(c), 1396r(c)) are each amended-- (1) in paragraph (3)-- (A) in subparagraph (D), by striking ``and'' at the end; (B) in subparagraph (E), by striking the period and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(F) implement and maintain, during any public health emergency declared by the Secretary under section 319 of the Public Health Service Act on or after the date of the enactment of this subparagraph for the area in which such facility is located and notwithstanding any waiver made under section 1135, the essential caregivers program described in paragraph (7). ``(B) Presumption of election.--For purposes of subparagraph (A), in the case of a resident who is unable, by reason of physical or mental disability, to make an election described in such subparagraph, the resident representative (as defined in section 483.5 of title 42, Code of Federal Regulations) of such resident shall be permitted to make such election for such resident. ``(C) Essential caregiver defined.--For purposes of this paragraph, the term `essential caregiver' means, with respect to a resident of a facility described in subparagraph (A), an individual who-- ``(i) will provide assistance consisting of activities of daily living, emotional support, or companionship to such resident; and ``(ii) agrees to follow all safety protocols established by such facility, which shall be clearly specified in writing and be the same as such protocols (including safety standards and entry requirements) applicable to staff of such facility.''. 1396d(d)) of the resident involved. (2) Notification.-- In the event of non-compliance with either such clause, such facility must first provide a warning to the essential caregiver and resident in writing citing specific issues of non-compliance and providing clear guidance for corrective measures. (3) Enforcement.--Should the essential caregiver or resident fail to take corrective action, they may be subsequently denied access. In such cases, the facility shall provide to such caregiver and such resident (or health care proxy of such resident), not later than 24 hours after such failure to allow access occurs, a written explanation as to why such care-giver was not permitted to furnish such assistance to such resident. 1396r(a))), inpatient rehabilitation facility described in section 1886(a)(1)(Z) of such Act (42 U.S.C. 1395cc(a)(1)(Z)), or intermediate care facility for the intellectually disabled (as defined in section 1905(d) of such Act (42 U.S.C. (f) Enforcement.--With respect to appeals received under paragraph (1), the Secretary of Heath and Human Services shall make a determination as to whether a facility described in subsection (e)(1) violated a requirement or prohibition in this Act or in an amendment made by this Act within 7 days of commencing its investigation. If the Secretary determines that a facility has violated a requirement or prohibition in this Act or in an amendment made by this Act, the Secretary shall-- (1) require the facility to establish a corrective action plan to prevent the recurrence of such violation within a 7-day period of receiving notice from the Secretary; and (2) impose a civil money penalty in an amount to be determined by the Secretary if such facility fails to implement the corrective action plan with the 7-day period specified in paragraph (1). (g) Regulations.--The Secretary of Health and Human Services shall, after consultation with stakeholders (including residents, family members, long-term care ombudsmen, other advocates of nursing home residents, and nursing home providers, promulgate regulations to carry out this Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Essential Caregivers Act of 2021''. 2. RIGHT TO ESSENTIAL CAREGIVERS. 1320b-5). The resident may change who is designated as an essential caregiver. SEC. 3. REQUIRING FACILITIES TO PERMIT ESSENTIAL CAREGIVERS ACCESS DURING ANY PUBLIC HEALTH EMERGENCY. (a) Skilled Nursing Facilities; Nursing Facilities.--Section 1819(c) and 1919(c) of the Social Security Act (42 U.S.C. 1395i-3(c), 1396r(c)) are each amended-- (1) in paragraph (3)-- (A) in subparagraph (D), by striking ``and'' at the end; (B) in subparagraph (E), by striking the period and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(F) implement and maintain, during any public health emergency declared by the Secretary under section 319 of the Public Health Service Act on or after the date of the enactment of this subparagraph for the area in which such facility is located and notwithstanding any waiver made under section 1135, the essential caregivers program described in paragraph (7). ''; and (2) by adding at the end the following new paragraph: ``(7) Essential caregivers program.-- ``(A) In general.--For purposes subparagraph (F) of paragraph (3), the essential caregivers program described in this paragraph is a program implemented by a facility described in such paragraph under which such facility shall-- ``(i) allow each resident of such facility the unqualified ability to elect not more than 2 essential caregivers (as defined in subparagraph (D)) to have access to, and provide assistance (as described in subparagraph (C)(i)) to, such resident at such facility, and allow each such resident to amend such election at any time; ``(ii) permit each such caregiver so elected by such resident to provide such assistance to such resident at such facility for 12 hours every day (or, in the case such care is end-of-life care, for an unlimited number of hours every day); and ``(iii) enforce the agreement described in subparagraph (C)(ii) with respect to an essential caregiver. ``(B) Presumption of election.--For purposes of subparagraph (A), in the case of a resident who is unable, by reason of physical or mental disability, to make an election described in such subparagraph, the resident representative (as defined in section 483.5 of title 42, Code of Federal Regulations) of such resident shall be permitted to make such election for such resident. ``(C) Essential caregiver defined.--For purposes of this paragraph, the term `essential caregiver' means, with respect to a resident of a facility described in subparagraph (A), an individual who-- ``(i) will provide assistance consisting of activities of daily living, emotional support, or companionship to such resident; and ``(ii) agrees to follow all safety protocols established by such facility, which shall be clearly specified in writing and be the same as such protocols (including safety standards and entry requirements) applicable to staff of such facility.''. 1396d(d)) is amended-- (1) in paragraph (2), by striking ``and'' at the end; (2) in paragraph (3), by striking the period and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(4) the institution implements and maintains, during any public health emergency declared by the Secretary on or after the date of the enactment of this paragraph under section 319 of the Public Health Service Act for the area in which such institution is located and notwithstanding any waiver made under section 1135, the essential caregivers program described in section 1919(c)(7) in the same manner as if such institution were a nursing facility.''. 1396d(d)) of the resident involved. (2) Notification.-- In the event of non-compliance with either such clause, such facility must first provide a warning to the essential caregiver and resident in writing citing specific issues of non-compliance and providing clear guidance for corrective measures. (3) Enforcement.--Should the essential caregiver or resident fail to take corrective action, they may be subsequently denied access. In such cases, the facility shall provide to such caregiver and such resident (or health care proxy of such resident), not later than 24 hours after such failure to allow access occurs, a written explanation as to why such care-giver was not permitted to furnish such assistance to such resident. Such explanation must include the resident's and caregivers' options for appeal (as described in subsection (e)). 1396r(a))), inpatient rehabilitation facility described in section 1886(a)(1)(Z) of such Act (42 U.S.C. 1395cc(a)(1)(Z)), or intermediate care facility for the intellectually disabled (as defined in section 1905(d) of such Act (42 U.S.C. (f) Enforcement.--With respect to appeals received under paragraph (1), the Secretary of Heath and Human Services shall make a determination as to whether a facility described in subsection (e)(1) violated a requirement or prohibition in this Act or in an amendment made by this Act within 7 days of commencing its investigation. If the Secretary determines that a facility has violated a requirement or prohibition in this Act or in an amendment made by this Act, the Secretary shall-- (1) require the facility to establish a corrective action plan to prevent the recurrence of such violation within a 7-day period of receiving notice from the Secretary; and (2) impose a civil money penalty in an amount to be determined by the Secretary if such facility fails to implement the corrective action plan with the 7-day period specified in paragraph (1). (g) Regulations.--The Secretary of Health and Human Services shall, after consultation with stakeholders (including residents, family members, long-term care ombudsmen, other advocates of nursing home residents, and nursing home providers, promulgate regulations to carry out this Act.

To amend titles XVIII and XIX of the Social Security Act to require skilled nursing facilities, nursing facilities, intermediate care facilities for the intellectually disabled, and inpatient rehabilitation facilities to permit essential caregivers access during any public health emergency under the Medicare and Medicaid programs. The resident may change who is designated as an essential caregiver. REQUIRING FACILITIES TO PERMIT ESSENTIAL CAREGIVERS ACCESS DURING ANY PUBLIC HEALTH EMERGENCY. ( ``(B) Presumption of election.--For purposes of subparagraph (A), in the case of a resident who is unable, by reason of physical or mental disability, to make an election described in such subparagraph, the resident representative (as defined in section 483.5 of title 42, Code of Federal Regulations) of such resident shall be permitted to make such election for such resident. ``(C) Essential caregiver defined.--For purposes of this paragraph, the term `essential caregiver' means, with respect to a resident of a facility described in subparagraph (A), an individual who-- ``(i) will provide assistance consisting of activities of daily living, emotional support, or companionship to such resident; and ``(ii) agrees to follow all safety protocols established by such facility, which shall be clearly specified in writing and be the same as such protocols (including safety standards and entry requirements) applicable to staff of such facility.''. ( c) Inpatient Rehabilitation Facilities.--Section 1866(a)(1) of the Social Security Act (42 U.S.C. d) Compliance and Notification.-- (1) Authority.--No caregiver who meets the definition of an essential caregiver in clause (i) of paragraph (7)(C) of either section 1819(c) and 1919(c) of the Social Security Act and who upholds the agreement described in clause (ii) of such paragraph shall be denied access to the skilled nursing facility (as defined in section 1819(a) of the Social Security Act (42 U.S.C. 1395i-3(a))), nursing facility (as defined in section 1919(a) of such Act (42 U.S.C. 1396r(a))), inpatient rehabilitation facility described in section 1886(a)(1)(Z) of such Act (42 U.S.C. 1395cc(a)(1)(Z)), or intermediate care facility for the intellectually disabled (as defined in section 1905(d) of such Act (42 U.S.C. 1396d(d)) of the resident involved. ( 3) Enforcement.--Should the essential caregiver or resident fail to take corrective action, they may be subsequently denied access. f) Enforcement.--With respect to appeals received under paragraph (1), the Secretary of Heath and Human Services shall make a determination as to whether a facility described in subsection (e)(1) violated a requirement or prohibition in this Act or in an amendment made by this Act within 7 days of commencing its investigation. If the Secretary determines that a facility has violated a requirement or prohibition in this Act or in an amendment made by this Act, the Secretary shall-- (1) require the facility to establish a corrective action plan to prevent the recurrence of such violation within a 7-day period of receiving notice from the Secretary; and (2) impose a civil money penalty in an amount to be determined by the Secretary if such facility fails to implement the corrective action plan with the 7-day period specified in paragraph (1). ( g) Regulations.--The Secretary of Health and Human Services shall, after consultation with stakeholders (including residents, family members, long-term care ombudsmen, other advocates of nursing home residents, and nursing home providers, promulgate regulations to carry out this Act.

To amend titles XVIII and XIX of the Social Security Act to require skilled nursing facilities, nursing facilities, intermediate care facilities for the intellectually disabled, and inpatient rehabilitation facilities to permit essential caregivers access during any public health emergency under the Medicare and Medicaid programs. The resident may change who is designated as an essential caregiver. ``(B) Presumption of election.--For purposes of subparagraph (A), in the case of a resident who is unable, by reason of physical or mental disability, to make an election described in such subparagraph, the resident representative (as defined in section 483.5 of title 42, Code of Federal Regulations) of such resident shall be permitted to make such election for such resident. ``(C) Essential caregiver defined.--For purposes of this paragraph, the term `essential caregiver' means, with respect to a resident of a facility described in subparagraph (A), an individual who-- ``(i) will provide assistance consisting of activities of daily living, emotional support, or companionship to such resident; and ``(ii) agrees to follow all safety protocols established by such facility, which shall be clearly specified in writing and be the same as such protocols (including safety standards and entry requirements) applicable to staff of such facility.''. ( c) Inpatient Rehabilitation Facilities.--Section 1866(a)(1) of the Social Security Act (42 U.S.C. 2) Notification.-- In the event of non-compliance with either such clause, such facility must first provide a warning to the essential caregiver and resident in writing citing specific issues of non-compliance and providing clear guidance for corrective measures. ( 3) Enforcement.--Should the essential caregiver or resident fail to take corrective action, they may be subsequently denied access. In such cases, the facility shall provide to such caregiver and such resident (or health care proxy of such resident), not later than 24 hours after such failure to allow access occurs, a written explanation as to why such care-giver was not permitted to furnish such assistance to such resident. Such explanation must include the resident's and caregivers' options for appeal (as described in subsection (e)). ( If the Secretary determines that a facility has violated a requirement or prohibition in this Act or in an amendment made by this Act, the Secretary shall-- (1) require the facility to establish a corrective action plan to prevent the recurrence of such violation within a 7-day period of receiving notice from the Secretary; and (2) impose a civil money penalty in an amount to be determined by the Secretary if such facility fails to implement the corrective action plan with the 7-day period specified in paragraph (1). ( g) Regulations.--The Secretary of Health and Human Services shall, after consultation with stakeholders (including residents, family members, long-term care ombudsmen, other advocates of nursing home residents, and nursing home providers, promulgate regulations to carry out this Act.

To amend titles XVIII and XIX of the Social Security Act to require skilled nursing facilities, nursing facilities, intermediate care facilities for the intellectually disabled, and inpatient rehabilitation facilities to permit essential caregivers access during any public health emergency under the Medicare and Medicaid programs. The resident may change who is designated as an essential caregiver. ``(B) Presumption of election.--For purposes of subparagraph (A), in the case of a resident who is unable, by reason of physical or mental disability, to make an election described in such subparagraph, the resident representative (as defined in section 483.5 of title 42, Code of Federal Regulations) of such resident shall be permitted to make such election for such resident. ``(C) Essential caregiver defined.--For purposes of this paragraph, the term `essential caregiver' means, with respect to a resident of a facility described in subparagraph (A), an individual who-- ``(i) will provide assistance consisting of activities of daily living, emotional support, or companionship to such resident; and ``(ii) agrees to follow all safety protocols established by such facility, which shall be clearly specified in writing and be the same as such protocols (including safety standards and entry requirements) applicable to staff of such facility.''. ( c) Inpatient Rehabilitation Facilities.--Section 1866(a)(1) of the Social Security Act (42 U.S.C. 2) Notification.-- In the event of non-compliance with either such clause, such facility must first provide a warning to the essential caregiver and resident in writing citing specific issues of non-compliance and providing clear guidance for corrective measures. ( 3) Enforcement.--Should the essential caregiver or resident fail to take corrective action, they may be subsequently denied access. In such cases, the facility shall provide to such caregiver and such resident (or health care proxy of such resident), not later than 24 hours after such failure to allow access occurs, a written explanation as to why such care-giver was not permitted to furnish such assistance to such resident. Such explanation must include the resident's and caregivers' options for appeal (as described in subsection (e)). ( If the Secretary determines that a facility has violated a requirement or prohibition in this Act or in an amendment made by this Act, the Secretary shall-- (1) require the facility to establish a corrective action plan to prevent the recurrence of such violation within a 7-day period of receiving notice from the Secretary; and (2) impose a civil money penalty in an amount to be determined by the Secretary if such facility fails to implement the corrective action plan with the 7-day period specified in paragraph (1). ( g) Regulations.--The Secretary of Health and Human Services shall, after consultation with stakeholders (including residents, family members, long-term care ombudsmen, other advocates of nursing home residents, and nursing home providers, promulgate regulations to carry out this Act.

To amend titles XVIII and XIX of the Social Security Act to require skilled nursing facilities, nursing facilities, intermediate care facilities for the intellectually disabled, and inpatient rehabilitation facilities to permit essential caregivers access during any public health emergency under the Medicare and Medicaid programs. The resident may change who is designated as an essential caregiver. REQUIRING FACILITIES TO PERMIT ESSENTIAL CAREGIVERS ACCESS DURING ANY PUBLIC HEALTH EMERGENCY. ( ``(B) Presumption of election.--For purposes of subparagraph (A), in the case of a resident who is unable, by reason of physical or mental disability, to make an election described in such subparagraph, the resident representative (as defined in section 483.5 of title 42, Code of Federal Regulations) of such resident shall be permitted to make such election for such resident. ``(C) Essential caregiver defined.--For purposes of this paragraph, the term `essential caregiver' means, with respect to a resident of a facility described in subparagraph (A), an individual who-- ``(i) will provide assistance consisting of activities of daily living, emotional support, or companionship to such resident; and ``(ii) agrees to follow all safety protocols established by such facility, which shall be clearly specified in writing and be the same as such protocols (including safety standards and entry requirements) applicable to staff of such facility.''. ( c) Inpatient Rehabilitation Facilities.--Section 1866(a)(1) of the Social Security Act (42 U.S.C. d) Compliance and Notification.-- (1) Authority.--No caregiver who meets the definition of an essential caregiver in clause (i) of paragraph (7)(C) of either section 1819(c) and 1919(c) of the Social Security Act and who upholds the agreement described in clause (ii) of such paragraph shall be denied access to the skilled nursing facility (as defined in section 1819(a) of the Social Security Act (42 U.S.C. 1395i-3(a))), nursing facility (as defined in section 1919(a) of such Act (42 U.S.C. 1396r(a))), inpatient rehabilitation facility described in section 1886(a)(1)(Z) of such Act (42 U.S.C. 1395cc(a)(1)(Z)), or intermediate care facility for the intellectually disabled (as defined in section 1905(d) of such Act (42 U.S.C. 1396d(d)) of the resident involved. ( 3) Enforcement.--Should the essential caregiver or resident fail to take corrective action, they may be subsequently denied access. f) Enforcement.--With respect to appeals received under paragraph (1), the Secretary of Heath and Human Services shall make a determination as to whether a facility described in subsection (e)(1) violated a requirement or prohibition in this Act or in an amendment made by this Act within 7 days of commencing its investigation. If the Secretary determines that a facility has violated a requirement or prohibition in this Act or in an amendment made by this Act, the Secretary shall-- (1) require the facility to establish a corrective action plan to prevent the recurrence of such violation within a 7-day period of receiving notice from the Secretary; and (2) impose a civil money penalty in an amount to be determined by the Secretary if such facility fails to implement the corrective action plan with the 7-day period specified in paragraph (1). ( g) Regulations.--The Secretary of Health and Human Services shall, after consultation with stakeholders (including residents, family members, long-term care ombudsmen, other advocates of nursing home residents, and nursing home providers, promulgate regulations to carry out this Act.

To amend titles XVIII and XIX of the Social Security Act to require skilled nursing facilities, nursing facilities, intermediate care facilities for the intellectually disabled, and inpatient rehabilitation facilities to permit essential caregivers access during any public health emergency under the Medicare and Medicaid programs. The resident may change who is designated as an essential caregiver. ``(B) Presumption of election.--For purposes of subparagraph (A), in the case of a resident who is unable, by reason of physical or mental disability, to make an election described in such subparagraph, the resident representative (as defined in section 483.5 of title 42, Code of Federal Regulations) of such resident shall be permitted to make such election for such resident. ``(C) Essential caregiver defined.--For purposes of this paragraph, the term `essential caregiver' means, with respect to a resident of a facility described in subparagraph (A), an individual who-- ``(i) will provide assistance consisting of activities of daily living, emotional support, or companionship to such resident; and ``(ii) agrees to follow all safety protocols established by such facility, which shall be clearly specified in writing and be the same as such protocols (including safety standards and entry requirements) applicable to staff of such facility.''. ( c) Inpatient Rehabilitation Facilities.--Section 1866(a)(1) of the Social Security Act (42 U.S.C. 2) Notification.-- In the event of non-compliance with either such clause, such facility must first provide a warning to the essential caregiver and resident in writing citing specific issues of non-compliance and providing clear guidance for corrective measures. ( 3) Enforcement.--Should the essential caregiver or resident fail to take corrective action, they may be subsequently denied access. In such cases, the facility shall provide to such caregiver and such resident (or health care proxy of such resident), not later than 24 hours after such failure to allow access occurs, a written explanation as to why such care-giver was not permitted to furnish such assistance to such resident. Such explanation must include the resident's and caregivers' options for appeal (as described in subsection (e)). ( If the Secretary determines that a facility has violated a requirement or prohibition in this Act or in an amendment made by this Act, the Secretary shall-- (1) require the facility to establish a corrective action plan to prevent the recurrence of such violation within a 7-day period of receiving notice from the Secretary; and (2) impose a civil money penalty in an amount to be determined by the Secretary if such facility fails to implement the corrective action plan with the 7-day period specified in paragraph (1). ( g) Regulations.--The Secretary of Health and Human Services shall, after consultation with stakeholders (including residents, family members, long-term care ombudsmen, other advocates of nursing home residents, and nursing home providers, promulgate regulations to carry out this Act.

To amend titles XVIII and XIX of the Social Security Act to require skilled nursing facilities, nursing facilities, intermediate care facilities for the intellectually disabled, and inpatient rehabilitation facilities to permit essential caregivers access during any public health emergency under the Medicare and Medicaid programs. The resident may change who is designated as an essential caregiver. REQUIRING FACILITIES TO PERMIT ESSENTIAL CAREGIVERS ACCESS DURING ANY PUBLIC HEALTH EMERGENCY. ( ``(B) Presumption of election.--For purposes of subparagraph (A), in the case of a resident who is unable, by reason of physical or mental disability, to make an election described in such subparagraph, the resident representative (as defined in section 483.5 of title 42, Code of Federal Regulations) of such resident shall be permitted to make such election for such resident. ``(C) Essential caregiver defined.--For purposes of this paragraph, the term `essential caregiver' means, with respect to a resident of a facility described in subparagraph (A), an individual who-- ``(i) will provide assistance consisting of activities of daily living, emotional support, or companionship to such resident; and ``(ii) agrees to follow all safety protocols established by such facility, which shall be clearly specified in writing and be the same as such protocols (including safety standards and entry requirements) applicable to staff of such facility.''. ( c) Inpatient Rehabilitation Facilities.--Section 1866(a)(1) of the Social Security Act (42 U.S.C. d) Compliance and Notification.-- (1) Authority.--No caregiver who meets the definition of an essential caregiver in clause (i) of paragraph (7)(C) of either section 1819(c) and 1919(c) of the Social Security Act and who upholds the agreement described in clause (ii) of such paragraph shall be denied access to the skilled nursing facility (as defined in section 1819(a) of the Social Security Act (42 U.S.C. 1395i-3(a))), nursing facility (as defined in section 1919(a) of such Act (42 U.S.C. 1396r(a))), inpatient rehabilitation facility described in section 1886(a)(1)(Z) of such Act (42 U.S.C. 1395cc(a)(1)(Z)), or intermediate care facility for the intellectually disabled (as defined in section 1905(d) of such Act (42 U.S.C. 1396d(d)) of the resident involved. ( 3) Enforcement.--Should the essential caregiver or resident fail to take corrective action, they may be subsequently denied access. f) Enforcement.--With respect to appeals received under paragraph (1), the Secretary of Heath and Human Services shall make a determination as to whether a facility described in subsection (e)(1) violated a requirement or prohibition in this Act or in an amendment made by this Act within 7 days of commencing its investigation. If the Secretary determines that a facility has violated a requirement or prohibition in this Act or in an amendment made by this Act, the Secretary shall-- (1) require the facility to establish a corrective action plan to prevent the recurrence of such violation within a 7-day period of receiving notice from the Secretary; and (2) impose a civil money penalty in an amount to be determined by the Secretary if such facility fails to implement the corrective action plan with the 7-day period specified in paragraph (1). ( g) Regulations.--The Secretary of Health and Human Services shall, after consultation with stakeholders (including residents, family members, long-term care ombudsmen, other advocates of nursing home residents, and nursing home providers, promulgate regulations to carry out this Act.

To amend titles XVIII and XIX of the Social Security Act to require skilled nursing facilities, nursing facilities, intermediate care facilities for the intellectually disabled, and inpatient rehabilitation facilities to permit essential caregivers access during any public health emergency under the Medicare and Medicaid programs. The resident may change who is designated as an essential caregiver. ``(B) Presumption of election.--For purposes of subparagraph (A), in the case of a resident who is unable, by reason of physical or mental disability, to make an election described in such subparagraph, the resident representative (as defined in section 483.5 of title 42, Code of Federal Regulations) of such resident shall be permitted to make such election for such resident. ``(C) Essential caregiver defined.--For purposes of this paragraph, the term `essential caregiver' means, with respect to a resident of a facility described in subparagraph (A), an individual who-- ``(i) will provide assistance consisting of activities of daily living, emotional support, or companionship to such resident; and ``(ii) agrees to follow all safety protocols established by such facility, which shall be clearly specified in writing and be the same as such protocols (including safety standards and entry requirements) applicable to staff of such facility.''. ( c) Inpatient Rehabilitation Facilities.--Section 1866(a)(1) of the Social Security Act (42 U.S.C. 2) Notification.-- In the event of non-compliance with either such clause, such facility must first provide a warning to the essential caregiver and resident in writing citing specific issues of non-compliance and providing clear guidance for corrective measures. ( 3) Enforcement.--Should the essential caregiver or resident fail to take corrective action, they may be subsequently denied access. In such cases, the facility shall provide to such caregiver and such resident (or health care proxy of such resident), not later than 24 hours after such failure to allow access occurs, a written explanation as to why such care-giver was not permitted to furnish such assistance to such resident. Such explanation must include the resident's and caregivers' options for appeal (as described in subsection (e)). ( If the Secretary determines that a facility has violated a requirement or prohibition in this Act or in an amendment made by this Act, the Secretary shall-- (1) require the facility to establish a corrective action plan to prevent the recurrence of such violation within a 7-day period of receiving notice from the Secretary; and (2) impose a civil money penalty in an amount to be determined by the Secretary if such facility fails to implement the corrective action plan with the 7-day period specified in paragraph (1). ( g) Regulations.--The Secretary of Health and Human Services shall, after consultation with stakeholders (including residents, family members, long-term care ombudsmen, other advocates of nursing home residents, and nursing home providers, promulgate regulations to carry out this Act.

To amend titles XVIII and XIX of the Social Security Act to require skilled nursing facilities, nursing facilities, intermediate care facilities for the intellectually disabled, and inpatient rehabilitation facilities to permit essential caregivers access during any public health emergency under the Medicare and Medicaid programs. ``(C) Essential caregiver defined.--For purposes of this paragraph, the term `essential caregiver' means, with respect to a resident of a facility described in subparagraph (A), an individual who-- ``(i) will provide assistance consisting of activities of daily living, emotional support, or companionship to such resident; and ``(ii) agrees to follow all safety protocols established by such facility, which shall be clearly specified in writing and be the same as such protocols (including safety standards and entry requirements) applicable to staff of such facility.''. ( 3) Enforcement.--Should the essential caregiver or resident fail to take corrective action, they may be subsequently denied access. f) Enforcement.--With respect to appeals received under paragraph (1), the Secretary of Heath and Human Services shall make a determination as to whether a facility described in subsection (e)(1) violated a requirement or prohibition in this Act or in an amendment made by this Act within 7 days of commencing its investigation. If the Secretary determines that a facility has violated a requirement or prohibition in this Act or in an amendment made by this Act, the Secretary shall-- (1) require the facility to establish a corrective action plan to prevent the recurrence of such violation within a 7-day period of receiving notice from the Secretary; and (2) impose a civil money penalty in an amount to be determined by the Secretary if such facility fails to implement the corrective action plan with the 7-day period specified in paragraph (1). ( g) Regulations.--The Secretary of Health and Human Services shall, after consultation with stakeholders (including residents, family members, long-term care ombudsmen, other advocates of nursing home residents, and nursing home providers, promulgate regulations to carry out this Act.

To amend titles XVIII and XIX of the Social Security Act to require skilled nursing facilities, nursing facilities, intermediate care facilities for the intellectually disabled, and inpatient rehabilitation facilities to permit essential caregivers access during any public health emergency under the Medicare and Medicaid programs. ``(C) Essential caregiver defined.--For purposes of this paragraph, the term `essential caregiver' means, with respect to a resident of a facility described in subparagraph (A), an individual who-- ``(i) will provide assistance consisting of activities of daily living, emotional support, or companionship to such resident; and ``(ii) agrees to follow all safety protocols established by such facility, which shall be clearly specified in writing and be the same as such protocols (including safety standards and entry requirements) applicable to staff of such facility.''. ( ( If the Secretary determines that a facility has violated a requirement or prohibition in this Act or in an amendment made by this Act, the Secretary shall-- (1) require the facility to establish a corrective action plan to prevent the recurrence of such violation within a 7-day period of receiving notice from the Secretary; and (2) impose a civil money penalty in an amount to be determined by the Secretary if such facility fails to implement the corrective action plan with the 7-day period specified in paragraph (1). ( g) Regulations.--The Secretary of Health and Human Services shall, after consultation with stakeholders (including residents, family members, long-term care ombudsmen, other advocates of nursing home residents, and nursing home providers, promulgate regulations to carry out this Act.

To amend titles XVIII and XIX of the Social Security Act to require skilled nursing facilities, nursing facilities, intermediate care facilities for the intellectually disabled, and inpatient rehabilitation facilities to permit essential caregivers access during any public health emergency under the Medicare and Medicaid programs. ``(C) Essential caregiver defined.--For purposes of this paragraph, the term `essential caregiver' means, with respect to a resident of a facility described in subparagraph (A), an individual who-- ``(i) will provide assistance consisting of activities of daily living, emotional support, or companionship to such resident; and ``(ii) agrees to follow all safety protocols established by such facility, which shall be clearly specified in writing and be the same as such protocols (including safety standards and entry requirements) applicable to staff of such facility.''. ( 3) Enforcement.--Should the essential caregiver or resident fail to take corrective action, they may be subsequently denied access. f) Enforcement.--With respect to appeals received under paragraph (1), the Secretary of Heath and Human Services shall make a determination as to whether a facility described in subsection (e)(1) violated a requirement or prohibition in this Act or in an amendment made by this Act within 7 days of commencing its investigation. If the Secretary determines that a facility has violated a requirement or prohibition in this Act or in an amendment made by this Act, the Secretary shall-- (1) require the facility to establish a corrective action plan to prevent the recurrence of such violation within a 7-day period of receiving notice from the Secretary; and (2) impose a civil money penalty in an amount to be determined by the Secretary if such facility fails to implement the corrective action plan with the 7-day period specified in paragraph (1). ( g) Regulations.--The Secretary of Health and Human Services shall, after consultation with stakeholders (including residents, family members, long-term care ombudsmen, other advocates of nursing home residents, and nursing home providers, promulgate regulations to carry out this Act.

Essential Caregivers Act of 2021 - Amends title XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to require skilled nursing facilities, nursing facilities (including intermediate care facilities for the intellectually disabled), and inpatient rehabilitation facilities to permit essential caregivers access during any public health emergency under the Medicare and Medicaid programs. (Currently, the Essential Care Amends title XVIII (Medicare) of the Social Security Act to require an inpatient rehabilitation facility that is located on the same campus as a skilled nursing facility, nursing facility (as defined by the Secretary of Health and Human Services), or intermediate care facility for the intellectually disabled to establish and maintain the essential caregivers program in the same manner as if such institution were a skilled or

H.R.5321

Armed Forces and National Security

Unlawful Turn-Aways Act of 2021 This bill addresses training for Department of Veterans Affairs (VA) employees regarding discharge eligibility standards for VA benefits and services, requires notification of eligibility for VA benefits and services for individuals who were discharged or released from active service under conditions characterized as neither honorable nor dishonorable, and modifies the requirements of eligibility for certain mental and behavioral health care related to military sexual trauma, readjustment counseling, and related mental health services.

To require the Secretary of Veterans Affairs to address the inappropriate or unlawful denial by the Department of Veterans Affairs of benefits and services for former members of the Armed Forces who were discharged or released from the active military, naval, or air service under conditions characterized as neither dishonorable nor honorable, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Unlawful Turn-Aways Act of 2021''. SEC. 2. ADDRESSING DEPARTMENT OF VETERANS AFFAIRS TURN-AWAY PROBLEM. (a) Improving Training, Guidance, and Oversight of Department of Veterans Affairs Staff.-- (1) Training.-- (A) For all employees.--The Secretary of Veterans Affairs shall require all employees of the Department of Veterans Affairs to participate in uniform, national training on character of discharge eligibility standards for benefits and services provided under laws administered by the Secretary. (B) For front-line staff.--The Secretary shall require all employees of the Department who the Secretary considers front-line staff, including employees of the Department that the Secretary considers Department facility enrollment and eligibility staff, to participate, as soon as practicable after the date of the enactment of this Act and periodically thereafter, in training described in subparagraph (A). (2) Requirement that any contact with department of veterans affairs seeking health care from department be recorded in electronic health management system.--The Secretary shall ensure that any contact made by an individual seeking health care from the Department is recorded in the electronic health management system of the Department. (3) Designation of positions.-- (A) In general.--The Secretary shall designate a national-level position and establish senior positions within each regional office of the Department to focus on issues affecting individuals who served in the active military, naval, or air service and who were discharged or released therefrom under conditions characterized as neither honorable nor dishonorable. (B) Congressional updates.--The official designated to a national-level position under subparagraph (A) shall provide Congress with updates, on a regular basis, on progress made by the Department in providing benefits and services to individuals described in subparagraph (A). (b) Remedy Past Unlawful Turn-Aways.-- (1) Assessment, identification, recommendations, and report.--Not later than one year after the date of the enactment of this Act, the Inspector General of the Department of Veterans affairs shall-- (A) conduct an assessment of the practices of the Department involving denying benefits and services to individuals seeking such benefits and services from the Department based on a discharge or release from service in the active military, naval, or air service under conditions that were characterized as neither honorable nor dishonorable; (B) identify whether any denials described in subparagraph (A) were unlawful and the scope of such unlawful denials by the Department; (C) develop recommendations for legislative or administrative action to limit the occurrence of unlawful denials described in subparagraph (B); and (D) submit to Congress a report on the findings of the Inspector General under subparagraphs (A) through (C). (2) Notice.-- (A) In general.--The Secretary shall-- (i) notify all individuals who were discharged or released from service in the active military, naval, or air service under conditions that were characterized as neither honorable nor dishonorable about their right to apply for health care and benefits from the Department; and (ii) encourage individuals describe in clause (i) to apply for health care and benefits described in such clause, even if they have previously been denied or turned away from the Department. (B) Manner.--The Secretary shall carry out subparagraph (A) by sending individuals described in such subparagraph a letter to last known address on file with Social Security Administration. (3) Outreach.-- (A) Program required.--The Secretary shall carry out a program of public outreach, including via the internet and through mailed notices, to covered individuals described in subparagraph (B) who may have been unlawfully denied a benefit or service from the Department based on the characterization of their discharge or release from service in the active military, naval, or air service. (B) Covered individuals.--For purposes of this paragraph, a covered individual is an individual who was discharged or released from service in the active military, naval, or air service under conditions that were characterized as neither honorable nor dishonorable. (C) Contents.--Outreach carried out pursuant to the program required by subparagraph (A) shall include distribution of information about what benefits and services covered individuals may be eligible for under laws administered by the Secretary of Veterans Affairs. (D) Manner.--Outreach under the program required by subparagraph (A) shall include the follow methods of contact: (i) Traditional and social media. (ii) Websites and blogs of the Department. (iii) Informational brochures and fact sheets. (iv) Community events. (c) Simplifying Eligibility Standards and Processes.-- (1) Modification of definition of veteran.--Section 101(2) of title 38, United States Code, is amended by striking ``under conditions other than dishonorable'' and inserting ``, other than a person whose rights are barred by section 5303(a) of this title''. (2) Veterans justice outreach program services.-- (A) In general.--The Secretary of Veterans Affairs shall ensure that services provided by the Veterans Justice Outreach Program are available to all individuals who served in the active military, naval, or air service, regardless of the nature of their discharge or release from such service. (B) Veterans justice outreach program defined.--In this paragraph: (i) Justice-involved veteran.--The term ``justice-involved veteran'' means a veteran with active, ongoing, or recent contact with some component of a local criminal justice system. (ii) Local criminal justice system.--The term ``local criminal justice system'' means law enforcement, jails, prisons, and Federal, State, and local courts. (iii) Veterans justice outreach program.-- The term ``Veterans Justice Outreach Program'' means the program through which the Department of Veterans Affairs identifies justice-involved veterans and provides such veterans with access to Department services. (d) Definitions.--In this section, the terms ``active military, naval, or air service'' and ``veteran'' have the meanings given such terms in section 101 of title 38, United States Code. SEC. 3. MODIFICATION OF REQUIREMENTS RELATING TO ELIGIBILITY FOR CERTAIN COUNSELING SERVICES FROM DEPARTMENT OF VETERANS AFFAIRS. (a) Counseling for Military Sexual Trauma.--Section 1720I(b) of title 38, United States Code, is amended-- (1) in paragraph (4)-- (A) by striking subparagraph (B); and (B) in subparagraph (A), by striking ``(A)(i) served'' and inserting ``(i) served''; and (2) in paragraph (2), by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (3) in paragraph (1), by striking ``is a former member'' and inserting ``(A) is a former member''; (4) by redesignating paragraphs (2) through (4) as subparagraphs (B) through (D), respectively; and (5) by adding at the end the following new paragraph: ``(2)(A) is a former member of the Armed Forces, including the reserve components; ``(B) is not enrolled in the health care system established by section 1705 of this title; and ``(C) while serving in the Armed Forces, was the victim of a physical assault of a sexual nature, a battery of a sexual nature, or sexual harassment (as defined in section 1720D(f) of this title).''. (b) Counseling in Vet Centers.-- (1) In general.--Section 1712A(a)(1)(C) of such title is amended-- (A) by striking ``individual who is a veteran or'' each place it appears; (B) in clause (ii), by striking ``causalities'' and inserting ``casualties''; (C) in clause (iii), by striking ``such veteran or member'' and inserting ``such member''; (D) in clause (vii)-- (i) in subclause (I), by striking ``; or'' and inserting a semicolon; and (ii) in subclause (II), by striking ``veteran or member of the Armed Forces'' and inserting ``veteran; or ``(III) member of the Armed Forces''; (E) by redesignating clauses (i) through (vii) as clauses (ii) through (viii), respectively; and (F) by inserting before clause (ii), as redesignated by subparagraph (E), the following new clause (i): ``(i) Any veteran.''. (2) Conforming amendments.-- (A) In general.--Section 1712A of such title is amended-- (i) in subsection (a)(1)-- (I) by striking ``clauses (i) through (vi)'' each place it appears and inserting ``clauses (i) through (vii)''; and (II) by striking ``clause (vii)'' each place it appears and inserting ``clause (viii)''; and (III) in subparagraph (B)(ii)(II), by striking ``veteran or member described in subclause (II)'' and inserting ``veteran or a member described in subclause (III)''; and (ii) in subsection (g)(1), by striking ``described in subsection (a)(1)(C)''. (B) Suicide prevention assistance.--Section 201(q)(4)(C) of the Commander John Scott Hannon Veterans Mental Health Care Improvement Act of 2019 (Public Law 116-171; 38 U.S.C. 1720F note) is amended by striking ``clauses (i) through (iv)'' and inserting ``clauses (ii) through (v)''. SEC. 4. OUTREACH TO AND STUDY ON TREATMENT OF MEMBERS OF THE ARMED FORCES DISCHARGED UNDER CONDITIONS OTHER THAN HONORABLE FOR NO OTHER REASON THAN SEXUAL ORIENTATION OR GENDER IDENTITY. (a) Outreach.--The Secretary of Veterans Affairs shall conduct outreach to former members of the Armed Forces who were discharged from the Armed Forces under other than honorable conditions for no other reason than the sexual orientation or gender identity of the member pursuant to the Don't Ask, Don't Tell policy of the Department of Defense. (b) Study.--The Secretary shall conduct a study to assess the scope and cost of providing health care under the laws administered by the Secretary to former members of the Armed Forces with other than honorable discharges who were discharged from the Armed Forces after serving on active duty in the Armed Forces for less than two years for no other reason than the sexual orientation or gender identity of the member, whether pursuant to the Don't Ask, Don't Tell policy of the Department or not. <all>

Unlawful Turn-Aways Act of 2021

To require the Secretary of Veterans Affairs to address the inappropriate or unlawful denial by the Department of Veterans Affairs of benefits and services for former members of the Armed Forces who were discharged or released from the active military, naval, or air service under conditions characterized as neither dishonorable nor honorable, and for other purposes.

Unlawful Turn-Aways Act of 2021

Rep. Underwood, Lauren

D

IL

This bill addresses training for Department of Veterans Affairs (VA) employees regarding discharge eligibility standards for VA benefits and services, requires notification of eligibility for VA benefits and services for individuals who were discharged or released from active service under conditions characterized as neither honorable nor dishonorable, and modifies the requirements of eligibility for certain mental and behavioral health care related to military sexual trauma, readjustment counseling, and related mental health services.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. This Act may be cited as the ``Unlawful Turn-Aways Act of 2021''. 2. (a) Improving Training, Guidance, and Oversight of Department of Veterans Affairs Staff.-- (1) Training.-- (A) For all employees.--The Secretary of Veterans Affairs shall require all employees of the Department of Veterans Affairs to participate in uniform, national training on character of discharge eligibility standards for benefits and services provided under laws administered by the Secretary. (2) Requirement that any contact with department of veterans affairs seeking health care from department be recorded in electronic health management system.--The Secretary shall ensure that any contact made by an individual seeking health care from the Department is recorded in the electronic health management system of the Department. (3) Designation of positions.-- (A) In general.--The Secretary shall designate a national-level position and establish senior positions within each regional office of the Department to focus on issues affecting individuals who served in the active military, naval, or air service and who were discharged or released therefrom under conditions characterized as neither honorable nor dishonorable. (B) Manner.--The Secretary shall carry out subparagraph (A) by sending individuals described in such subparagraph a letter to last known address on file with Social Security Administration. (B) Covered individuals.--For purposes of this paragraph, a covered individual is an individual who was discharged or released from service in the active military, naval, or air service under conditions that were characterized as neither honorable nor dishonorable. (iv) Community events. (ii) Local criminal justice system.--The term ``local criminal justice system'' means law enforcement, jails, prisons, and Federal, State, and local courts. (iii) Veterans justice outreach program.-- The term ``Veterans Justice Outreach Program'' means the program through which the Department of Veterans Affairs identifies justice-involved veterans and provides such veterans with access to Department services. 3. (b) Counseling in Vet Centers.-- (1) In general.--Section 1712A(a)(1)(C) of such title is amended-- (A) by striking ``individual who is a veteran or'' each place it appears; (B) in clause (ii), by striking ``causalities'' and inserting ``casualties''; (C) in clause (iii), by striking ``such veteran or member'' and inserting ``such member''; (D) in clause (vii)-- (i) in subclause (I), by striking ``; or'' and inserting a semicolon; and (ii) in subclause (II), by striking ``veteran or member of the Armed Forces'' and inserting ``veteran; or ``(III) member of the Armed Forces''; (E) by redesignating clauses (i) through (vii) as clauses (ii) through (viii), respectively; and (F) by inserting before clause (ii), as redesignated by subparagraph (E), the following new clause (i): ``(i) Any veteran.''. SEC. 4. OUTREACH TO AND STUDY ON TREATMENT OF MEMBERS OF THE ARMED FORCES DISCHARGED UNDER CONDITIONS OTHER THAN HONORABLE FOR NO OTHER REASON THAN SEXUAL ORIENTATION OR GENDER IDENTITY.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. This Act may be cited as the ``Unlawful Turn-Aways Act of 2021''. 2. (a) Improving Training, Guidance, and Oversight of Department of Veterans Affairs Staff.-- (1) Training.-- (A) For all employees.--The Secretary of Veterans Affairs shall require all employees of the Department of Veterans Affairs to participate in uniform, national training on character of discharge eligibility standards for benefits and services provided under laws administered by the Secretary. (2) Requirement that any contact with department of veterans affairs seeking health care from department be recorded in electronic health management system.--The Secretary shall ensure that any contact made by an individual seeking health care from the Department is recorded in the electronic health management system of the Department. (B) Covered individuals.--For purposes of this paragraph, a covered individual is an individual who was discharged or released from service in the active military, naval, or air service under conditions that were characterized as neither honorable nor dishonorable. (iii) Veterans justice outreach program.-- The term ``Veterans Justice Outreach Program'' means the program through which the Department of Veterans Affairs identifies justice-involved veterans and provides such veterans with access to Department services. 3. (b) Counseling in Vet Centers.-- (1) In general.--Section 1712A(a)(1)(C) of such title is amended-- (A) by striking ``individual who is a veteran or'' each place it appears; (B) in clause (ii), by striking ``causalities'' and inserting ``casualties''; (C) in clause (iii), by striking ``such veteran or member'' and inserting ``such member''; (D) in clause (vii)-- (i) in subclause (I), by striking ``; or'' and inserting a semicolon; and (ii) in subclause (II), by striking ``veteran or member of the Armed Forces'' and inserting ``veteran; or ``(III) member of the Armed Forces''; (E) by redesignating clauses (i) through (vii) as clauses (ii) through (viii), respectively; and (F) by inserting before clause (ii), as redesignated by subparagraph (E), the following new clause (i): ``(i) Any veteran.''. SEC. 4. OUTREACH TO AND STUDY ON TREATMENT OF MEMBERS OF THE ARMED FORCES DISCHARGED UNDER CONDITIONS OTHER THAN HONORABLE FOR NO OTHER REASON THAN SEXUAL ORIENTATION OR GENDER IDENTITY.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. This Act may be cited as the ``Unlawful Turn-Aways Act of 2021''. 2. (a) Improving Training, Guidance, and Oversight of Department of Veterans Affairs Staff.-- (1) Training.-- (A) For all employees.--The Secretary of Veterans Affairs shall require all employees of the Department of Veterans Affairs to participate in uniform, national training on character of discharge eligibility standards for benefits and services provided under laws administered by the Secretary. (B) For front-line staff.--The Secretary shall require all employees of the Department who the Secretary considers front-line staff, including employees of the Department that the Secretary considers Department facility enrollment and eligibility staff, to participate, as soon as practicable after the date of the enactment of this Act and periodically thereafter, in training described in subparagraph (A). (2) Requirement that any contact with department of veterans affairs seeking health care from department be recorded in electronic health management system.--The Secretary shall ensure that any contact made by an individual seeking health care from the Department is recorded in the electronic health management system of the Department. (3) Designation of positions.-- (A) In general.--The Secretary shall designate a national-level position and establish senior positions within each regional office of the Department to focus on issues affecting individuals who served in the active military, naval, or air service and who were discharged or released therefrom under conditions characterized as neither honorable nor dishonorable. (b) Remedy Past Unlawful Turn-Aways.-- (1) Assessment, identification, recommendations, and report.--Not later than one year after the date of the enactment of this Act, the Inspector General of the Department of Veterans affairs shall-- (A) conduct an assessment of the practices of the Department involving denying benefits and services to individuals seeking such benefits and services from the Department based on a discharge or release from service in the active military, naval, or air service under conditions that were characterized as neither honorable nor dishonorable; (B) identify whether any denials described in subparagraph (A) were unlawful and the scope of such unlawful denials by the Department; (C) develop recommendations for legislative or administrative action to limit the occurrence of unlawful denials described in subparagraph (B); and (D) submit to Congress a report on the findings of the Inspector General under subparagraphs (A) through (C). (B) Manner.--The Secretary shall carry out subparagraph (A) by sending individuals described in such subparagraph a letter to last known address on file with Social Security Administration. (B) Covered individuals.--For purposes of this paragraph, a covered individual is an individual who was discharged or released from service in the active military, naval, or air service under conditions that were characterized as neither honorable nor dishonorable. (D) Manner.--Outreach under the program required by subparagraph (A) shall include the follow methods of contact: (i) Traditional and social media. (iii) Informational brochures and fact sheets. (iv) Community events. (ii) Local criminal justice system.--The term ``local criminal justice system'' means law enforcement, jails, prisons, and Federal, State, and local courts. (iii) Veterans justice outreach program.-- The term ``Veterans Justice Outreach Program'' means the program through which the Department of Veterans Affairs identifies justice-involved veterans and provides such veterans with access to Department services. 3. (b) Counseling in Vet Centers.-- (1) In general.--Section 1712A(a)(1)(C) of such title is amended-- (A) by striking ``individual who is a veteran or'' each place it appears; (B) in clause (ii), by striking ``causalities'' and inserting ``casualties''; (C) in clause (iii), by striking ``such veteran or member'' and inserting ``such member''; (D) in clause (vii)-- (i) in subclause (I), by striking ``; or'' and inserting a semicolon; and (ii) in subclause (II), by striking ``veteran or member of the Armed Forces'' and inserting ``veteran; or ``(III) member of the Armed Forces''; (E) by redesignating clauses (i) through (vii) as clauses (ii) through (viii), respectively; and (F) by inserting before clause (ii), as redesignated by subparagraph (E), the following new clause (i): ``(i) Any veteran.''. (B) Suicide prevention assistance.--Section 201(q)(4)(C) of the Commander John Scott Hannon Veterans Mental Health Care Improvement Act of 2019 (Public Law 116-171; 38 U.S.C. SEC. 4. OUTREACH TO AND STUDY ON TREATMENT OF MEMBERS OF THE ARMED FORCES DISCHARGED UNDER CONDITIONS OTHER THAN HONORABLE FOR NO OTHER REASON THAN SEXUAL ORIENTATION OR GENDER IDENTITY.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Unlawful Turn-Aways Act of 2021''. 2. ADDRESSING DEPARTMENT OF VETERANS AFFAIRS TURN-AWAY PROBLEM. (a) Improving Training, Guidance, and Oversight of Department of Veterans Affairs Staff.-- (1) Training.-- (A) For all employees.--The Secretary of Veterans Affairs shall require all employees of the Department of Veterans Affairs to participate in uniform, national training on character of discharge eligibility standards for benefits and services provided under laws administered by the Secretary. (B) For front-line staff.--The Secretary shall require all employees of the Department who the Secretary considers front-line staff, including employees of the Department that the Secretary considers Department facility enrollment and eligibility staff, to participate, as soon as practicable after the date of the enactment of this Act and periodically thereafter, in training described in subparagraph (A). (2) Requirement that any contact with department of veterans affairs seeking health care from department be recorded in electronic health management system.--The Secretary shall ensure that any contact made by an individual seeking health care from the Department is recorded in the electronic health management system of the Department. (3) Designation of positions.-- (A) In general.--The Secretary shall designate a national-level position and establish senior positions within each regional office of the Department to focus on issues affecting individuals who served in the active military, naval, or air service and who were discharged or released therefrom under conditions characterized as neither honorable nor dishonorable. (B) Congressional updates.--The official designated to a national-level position under subparagraph (A) shall provide Congress with updates, on a regular basis, on progress made by the Department in providing benefits and services to individuals described in subparagraph (A). (b) Remedy Past Unlawful Turn-Aways.-- (1) Assessment, identification, recommendations, and report.--Not later than one year after the date of the enactment of this Act, the Inspector General of the Department of Veterans affairs shall-- (A) conduct an assessment of the practices of the Department involving denying benefits and services to individuals seeking such benefits and services from the Department based on a discharge or release from service in the active military, naval, or air service under conditions that were characterized as neither honorable nor dishonorable; (B) identify whether any denials described in subparagraph (A) were unlawful and the scope of such unlawful denials by the Department; (C) develop recommendations for legislative or administrative action to limit the occurrence of unlawful denials described in subparagraph (B); and (D) submit to Congress a report on the findings of the Inspector General under subparagraphs (A) through (C). (2) Notice.-- (A) In general.--The Secretary shall-- (i) notify all individuals who were discharged or released from service in the active military, naval, or air service under conditions that were characterized as neither honorable nor dishonorable about their right to apply for health care and benefits from the Department; and (ii) encourage individuals describe in clause (i) to apply for health care and benefits described in such clause, even if they have previously been denied or turned away from the Department. (B) Manner.--The Secretary shall carry out subparagraph (A) by sending individuals described in such subparagraph a letter to last known address on file with Social Security Administration. (B) Covered individuals.--For purposes of this paragraph, a covered individual is an individual who was discharged or released from service in the active military, naval, or air service under conditions that were characterized as neither honorable nor dishonorable. (D) Manner.--Outreach under the program required by subparagraph (A) shall include the follow methods of contact: (i) Traditional and social media. (ii) Websites and blogs of the Department. (iii) Informational brochures and fact sheets. (iv) Community events. (c) Simplifying Eligibility Standards and Processes.-- (1) Modification of definition of veteran.--Section 101(2) of title 38, United States Code, is amended by striking ``under conditions other than dishonorable'' and inserting ``, other than a person whose rights are barred by section 5303(a) of this title''. (ii) Local criminal justice system.--The term ``local criminal justice system'' means law enforcement, jails, prisons, and Federal, State, and local courts. (iii) Veterans justice outreach program.-- The term ``Veterans Justice Outreach Program'' means the program through which the Department of Veterans Affairs identifies justice-involved veterans and provides such veterans with access to Department services. 3. (b) Counseling in Vet Centers.-- (1) In general.--Section 1712A(a)(1)(C) of such title is amended-- (A) by striking ``individual who is a veteran or'' each place it appears; (B) in clause (ii), by striking ``causalities'' and inserting ``casualties''; (C) in clause (iii), by striking ``such veteran or member'' and inserting ``such member''; (D) in clause (vii)-- (i) in subclause (I), by striking ``; or'' and inserting a semicolon; and (ii) in subclause (II), by striking ``veteran or member of the Armed Forces'' and inserting ``veteran; or ``(III) member of the Armed Forces''; (E) by redesignating clauses (i) through (vii) as clauses (ii) through (viii), respectively; and (F) by inserting before clause (ii), as redesignated by subparagraph (E), the following new clause (i): ``(i) Any veteran.''. (B) Suicide prevention assistance.--Section 201(q)(4)(C) of the Commander John Scott Hannon Veterans Mental Health Care Improvement Act of 2019 (Public Law 116-171; 38 U.S.C. SEC. 4. OUTREACH TO AND STUDY ON TREATMENT OF MEMBERS OF THE ARMED FORCES DISCHARGED UNDER CONDITIONS OTHER THAN HONORABLE FOR NO OTHER REASON THAN SEXUAL ORIENTATION OR GENDER IDENTITY. (a) Outreach.--The Secretary of Veterans Affairs shall conduct outreach to former members of the Armed Forces who were discharged from the Armed Forces under other than honorable conditions for no other reason than the sexual orientation or gender identity of the member pursuant to the Don't Ask, Don't Tell policy of the Department of Defense.

To require the Secretary of Veterans Affairs to address the inappropriate or unlawful denial by the Department of Veterans Affairs of benefits and services for former members of the Armed Forces who were discharged or released from the active military, naval, or air service under conditions characterized as neither dishonorable nor honorable, and for other purposes. a) Improving Training, Guidance, and Oversight of Department of Veterans Affairs Staff.-- (1) Training.-- (A) For all employees.--The Secretary of Veterans Affairs shall require all employees of the Department of Veterans Affairs to participate in uniform, national training on character of discharge eligibility standards for benefits and services provided under laws administered by the Secretary. ( (2) Requirement that any contact with department of veterans affairs seeking health care from department be recorded in electronic health management system.--The Secretary shall ensure that any contact made by an individual seeking health care from the Department is recorded in the electronic health management system of the Department. ( 3) Designation of positions.-- (A) In general.--The Secretary shall designate a national-level position and establish senior positions within each regional office of the Department to focus on issues affecting individuals who served in the active military, naval, or air service and who were discharged or released therefrom under conditions characterized as neither honorable nor dishonorable. ( 2) Notice.-- (A) In general.--The Secretary shall-- (i) notify all individuals who were discharged or released from service in the active military, naval, or air service under conditions that were characterized as neither honorable nor dishonorable about their right to apply for health care and benefits from the Department; and (ii) encourage individuals describe in clause (i) to apply for health care and benefits described in such clause, even if they have previously been denied or turned away from the Department. (B) Manner.--The Secretary shall carry out subparagraph (A) by sending individuals described in such subparagraph a letter to last known address on file with Social Security Administration. ( C) Contents.--Outreach carried out pursuant to the program required by subparagraph (A) shall include distribution of information about what benefits and services covered individuals may be eligible for under laws administered by the Secretary of Veterans Affairs. ( (c) Simplifying Eligibility Standards and Processes.-- (1) Modification of definition of veteran.--Section 101(2) of title 38, United States Code, is amended by striking ``under conditions other than dishonorable'' and inserting ``, other than a person whose rights are barred by section 5303(a) of this title''. ( iii) Veterans justice outreach program.-- The term ``Veterans Justice Outreach Program'' means the program through which the Department of Veterans Affairs identifies justice-involved veterans and provides such veterans with access to Department services. ( 2) Conforming amendments.-- (A) In general.--Section 1712A of such title is amended-- (i) in subsection (a)(1)-- (I) by striking ``clauses (i) through (vi)'' each place it appears and inserting ``clauses (i) through (vii)''; and (II) by striking ``clause (vii)'' each place it appears and inserting ``clause (viii)''; and (III) in subparagraph (B)(ii)(II), by striking ``veteran or member described in subclause (II)'' and inserting ``veteran or a member described in subclause (III)''; and (ii) in subsection (g)(1), by striking ``described in subsection (a)(1)(C)''. ( B) Suicide prevention assistance.--Section 201(q)(4)(C) of the Commander John Scott Hannon Veterans Mental Health Care Improvement Act of 2019 (Public Law 116-171; 38 U.S.C. 1720F note) is amended by striking ``clauses (i) through (iv)'' and inserting ``clauses (ii) through (v)''. b) Study.--The Secretary shall conduct a study to assess the scope and cost of providing health care under the laws administered by the Secretary to former members of the Armed Forces with other than honorable discharges who were discharged from the Armed Forces after serving on active duty in the Armed Forces for less than two years for no other reason than the sexual orientation or gender identity of the member, whether pursuant to the Don't Ask, Don't Tell policy of the Department or not.

To require the Secretary of Veterans Affairs to address the inappropriate or unlawful denial by the Department of Veterans Affairs of benefits and services for former members of the Armed Forces who were discharged or released from the active military, naval, or air service under conditions characterized as neither dishonorable nor honorable, and for other purposes. B) For front-line staff.--The Secretary shall require all employees of the Department who the Secretary considers front-line staff, including employees of the Department that the Secretary considers Department facility enrollment and eligibility staff, to participate, as soon as practicable after the date of the enactment of this Act and periodically thereafter, in training described in subparagraph (A). ( 2) Notice.-- (A) In general.--The Secretary shall-- (i) notify all individuals who were discharged or released from service in the active military, naval, or air service under conditions that were characterized as neither honorable nor dishonorable about their right to apply for health care and benefits from the Department; and (ii) encourage individuals describe in clause (i) to apply for health care and benefits described in such clause, even if they have previously been denied or turned away from the Department. ( B) Covered individuals.--For purposes of this paragraph, a covered individual is an individual who was discharged or released from service in the active military, naval, or air service under conditions that were characterized as neither honorable nor dishonorable. (C) Contents.--Outreach carried out pursuant to the program required by subparagraph (A) shall include distribution of information about what benefits and services covered individuals may be eligible for under laws administered by the Secretary of Veterans Affairs. ( ii) Websites and blogs of the Department. ( iii) Veterans justice outreach program.-- The term ``Veterans Justice Outreach Program'' means the program through which the Department of Veterans Affairs identifies justice-involved veterans and provides such veterans with access to Department services. ( (2) Conforming amendments.-- (A) In general.--Section 1712A of such title is amended-- (i) in subsection (a)(1)-- (I) by striking ``clauses (i) through (vi)'' each place it appears and inserting ``clauses (i) through (vii)''; and (II) by striking ``clause (vii)'' each place it appears and inserting ``clause (viii)''; and (III) in subparagraph (B)(ii)(II), by striking ``veteran or member described in subclause (II)'' and inserting ``veteran or a member described in subclause (III)''; and (ii) in subsection (g)(1), by striking ``described in subsection (a)(1)(C)''. ( b) Study.--The Secretary shall conduct a study to assess the scope and cost of providing health care under the laws administered by the Secretary to former members of the Armed Forces with other than honorable discharges who were discharged from the Armed Forces after serving on active duty in the Armed Forces for less than two years for no other reason than the sexual orientation or gender identity of the member, whether pursuant to the Don't Ask, Don't Tell policy of the Department or not.

To require the Secretary of Veterans Affairs to address the inappropriate or unlawful denial by the Department of Veterans Affairs of benefits and services for former members of the Armed Forces who were discharged or released from the active military, naval, or air service under conditions characterized as neither dishonorable nor honorable, and for other purposes. B) For front-line staff.--The Secretary shall require all employees of the Department who the Secretary considers front-line staff, including employees of the Department that the Secretary considers Department facility enrollment and eligibility staff, to participate, as soon as practicable after the date of the enactment of this Act and periodically thereafter, in training described in subparagraph (A). ( 2) Notice.-- (A) In general.--The Secretary shall-- (i) notify all individuals who were discharged or released from service in the active military, naval, or air service under conditions that were characterized as neither honorable nor dishonorable about their right to apply for health care and benefits from the Department; and (ii) encourage individuals describe in clause (i) to apply for health care and benefits described in such clause, even if they have previously been denied or turned away from the Department. ( B) Covered individuals.--For purposes of this paragraph, a covered individual is an individual who was discharged or released from service in the active military, naval, or air service under conditions that were characterized as neither honorable nor dishonorable. (C) Contents.--Outreach carried out pursuant to the program required by subparagraph (A) shall include distribution of information about what benefits and services covered individuals may be eligible for under laws administered by the Secretary of Veterans Affairs. ( ii) Websites and blogs of the Department. ( iii) Veterans justice outreach program.-- The term ``Veterans Justice Outreach Program'' means the program through which the Department of Veterans Affairs identifies justice-involved veterans and provides such veterans with access to Department services. ( (2) Conforming amendments.-- (A) In general.--Section 1712A of such title is amended-- (i) in subsection (a)(1)-- (I) by striking ``clauses (i) through (vi)'' each place it appears and inserting ``clauses (i) through (vii)''; and (II) by striking ``clause (vii)'' each place it appears and inserting ``clause (viii)''; and (III) in subparagraph (B)(ii)(II), by striking ``veteran or member described in subclause (II)'' and inserting ``veteran or a member described in subclause (III)''; and (ii) in subsection (g)(1), by striking ``described in subsection (a)(1)(C)''. ( b) Study.--The Secretary shall conduct a study to assess the scope and cost of providing health care under the laws administered by the Secretary to former members of the Armed Forces with other than honorable discharges who were discharged from the Armed Forces after serving on active duty in the Armed Forces for less than two years for no other reason than the sexual orientation or gender identity of the member, whether pursuant to the Don't Ask, Don't Tell policy of the Department or not.

To require the Secretary of Veterans Affairs to address the inappropriate or unlawful denial by the Department of Veterans Affairs of benefits and services for former members of the Armed Forces who were discharged or released from the active military, naval, or air service under conditions characterized as neither dishonorable nor honorable, and for other purposes. a) Improving Training, Guidance, and Oversight of Department of Veterans Affairs Staff.-- (1) Training.-- (A) For all employees.--The Secretary of Veterans Affairs shall require all employees of the Department of Veterans Affairs to participate in uniform, national training on character of discharge eligibility standards for benefits and services provided under laws administered by the Secretary. ( (2) Requirement that any contact with department of veterans affairs seeking health care from department be recorded in electronic health management system.--The Secretary shall ensure that any contact made by an individual seeking health care from the Department is recorded in the electronic health management system of the Department. ( 3) Designation of positions.-- (A) In general.--The Secretary shall designate a national-level position and establish senior positions within each regional office of the Department to focus on issues affecting individuals who served in the active military, naval, or air service and who were discharged or released therefrom under conditions characterized as neither honorable nor dishonorable. ( 2) Notice.-- (A) In general.--The Secretary shall-- (i) notify all individuals who were discharged or released from service in the active military, naval, or air service under conditions that were characterized as neither honorable nor dishonorable about their right to apply for health care and benefits from the Department; and (ii) encourage individuals describe in clause (i) to apply for health care and benefits described in such clause, even if they have previously been denied or turned away from the Department. (B) Manner.--The Secretary shall carry out subparagraph (A) by sending individuals described in such subparagraph a letter to last known address on file with Social Security Administration. ( C) Contents.--Outreach carried out pursuant to the program required by subparagraph (A) shall include distribution of information about what benefits and services covered individuals may be eligible for under laws administered by the Secretary of Veterans Affairs. ( (c) Simplifying Eligibility Standards and Processes.-- (1) Modification of definition of veteran.--Section 101(2) of title 38, United States Code, is amended by striking ``under conditions other than dishonorable'' and inserting ``, other than a person whose rights are barred by section 5303(a) of this title''. ( iii) Veterans justice outreach program.-- The term ``Veterans Justice Outreach Program'' means the program through which the Department of Veterans Affairs identifies justice-involved veterans and provides such veterans with access to Department services. ( 2) Conforming amendments.-- (A) In general.--Section 1712A of such title is amended-- (i) in subsection (a)(1)-- (I) by striking ``clauses (i) through (vi)'' each place it appears and inserting ``clauses (i) through (vii)''; and (II) by striking ``clause (vii)'' each place it appears and inserting ``clause (viii)''; and (III) in subparagraph (B)(ii)(II), by striking ``veteran or member described in subclause (II)'' and inserting ``veteran or a member described in subclause (III)''; and (ii) in subsection (g)(1), by striking ``described in subsection (a)(1)(C)''. ( B) Suicide prevention assistance.--Section 201(q)(4)(C) of the Commander John Scott Hannon Veterans Mental Health Care Improvement Act of 2019 (Public Law 116-171; 38 U.S.C. 1720F note) is amended by striking ``clauses (i) through (iv)'' and inserting ``clauses (ii) through (v)''. b) Study.--The Secretary shall conduct a study to assess the scope and cost of providing health care under the laws administered by the Secretary to former members of the Armed Forces with other than honorable discharges who were discharged from the Armed Forces after serving on active duty in the Armed Forces for less than two years for no other reason than the sexual orientation or gender identity of the member, whether pursuant to the Don't Ask, Don't Tell policy of the Department or not.

To require the Secretary of Veterans Affairs to address the inappropriate or unlawful denial by the Department of Veterans Affairs of benefits and services for former members of the Armed Forces who were discharged or released from the active military, naval, or air service under conditions characterized as neither dishonorable nor honorable, and for other purposes. B) For front-line staff.--The Secretary shall require all employees of the Department who the Secretary considers front-line staff, including employees of the Department that the Secretary considers Department facility enrollment and eligibility staff, to participate, as soon as practicable after the date of the enactment of this Act and periodically thereafter, in training described in subparagraph (A). ( 2) Notice.-- (A) In general.--The Secretary shall-- (i) notify all individuals who were discharged or released from service in the active military, naval, or air service under conditions that were characterized as neither honorable nor dishonorable about their right to apply for health care and benefits from the Department; and (ii) encourage individuals describe in clause (i) to apply for health care and benefits described in such clause, even if they have previously been denied or turned away from the Department. ( B) Covered individuals.--For purposes of this paragraph, a covered individual is an individual who was discharged or released from service in the active military, naval, or air service under conditions that were characterized as neither honorable nor dishonorable. (C) Contents.--Outreach carried out pursuant to the program required by subparagraph (A) shall include distribution of information about what benefits and services covered individuals may be eligible for under laws administered by the Secretary of Veterans Affairs. ( ii) Websites and blogs of the Department. ( iii) Veterans justice outreach program.-- The term ``Veterans Justice Outreach Program'' means the program through which the Department of Veterans Affairs identifies justice-involved veterans and provides such veterans with access to Department services. ( (2) Conforming amendments.-- (A) In general.--Section 1712A of such title is amended-- (i) in subsection (a)(1)-- (I) by striking ``clauses (i) through (vi)'' each place it appears and inserting ``clauses (i) through (vii)''; and (II) by striking ``clause (vii)'' each place it appears and inserting ``clause (viii)''; and (III) in subparagraph (B)(ii)(II), by striking ``veteran or member described in subclause (II)'' and inserting ``veteran or a member described in subclause (III)''; and (ii) in subsection (g)(1), by striking ``described in subsection (a)(1)(C)''. ( b) Study.--The Secretary shall conduct a study to assess the scope and cost of providing health care under the laws administered by the Secretary to former members of the Armed Forces with other than honorable discharges who were discharged from the Armed Forces after serving on active duty in the Armed Forces for less than two years for no other reason than the sexual orientation or gender identity of the member, whether pursuant to the Don't Ask, Don't Tell policy of the Department or not.

To require the Secretary of Veterans Affairs to address the inappropriate or unlawful denial by the Department of Veterans Affairs of benefits and services for former members of the Armed Forces who were discharged or released from the active military, naval, or air service under conditions characterized as neither dishonorable nor honorable, and for other purposes. a) Improving Training, Guidance, and Oversight of Department of Veterans Affairs Staff.-- (1) Training.-- (A) For all employees.--The Secretary of Veterans Affairs shall require all employees of the Department of Veterans Affairs to participate in uniform, national training on character of discharge eligibility standards for benefits and services provided under laws administered by the Secretary. ( (2) Requirement that any contact with department of veterans affairs seeking health care from department be recorded in electronic health management system.--The Secretary shall ensure that any contact made by an individual seeking health care from the Department is recorded in the electronic health management system of the Department. ( 3) Designation of positions.-- (A) In general.--The Secretary shall designate a national-level position and establish senior positions within each regional office of the Department to focus on issues affecting individuals who served in the active military, naval, or air service and who were discharged or released therefrom under conditions characterized as neither honorable nor dishonorable. ( 2) Notice.-- (A) In general.--The Secretary shall-- (i) notify all individuals who were discharged or released from service in the active military, naval, or air service under conditions that were characterized as neither honorable nor dishonorable about their right to apply for health care and benefits from the Department; and (ii) encourage individuals describe in clause (i) to apply for health care and benefits described in such clause, even if they have previously been denied or turned away from the Department. (B) Manner.--The Secretary shall carry out subparagraph (A) by sending individuals described in such subparagraph a letter to last known address on file with Social Security Administration. ( C) Contents.--Outreach carried out pursuant to the program required by subparagraph (A) shall include distribution of information about what benefits and services covered individuals may be eligible for under laws administered by the Secretary of Veterans Affairs. ( (c) Simplifying Eligibility Standards and Processes.-- (1) Modification of definition of veteran.--Section 101(2) of title 38, United States Code, is amended by striking ``under conditions other than dishonorable'' and inserting ``, other than a person whose rights are barred by section 5303(a) of this title''. ( iii) Veterans justice outreach program.-- The term ``Veterans Justice Outreach Program'' means the program through which the Department of Veterans Affairs identifies justice-involved veterans and provides such veterans with access to Department services. ( 2) Conforming amendments.-- (A) In general.--Section 1712A of such title is amended-- (i) in subsection (a)(1)-- (I) by striking ``clauses (i) through (vi)'' each place it appears and inserting ``clauses (i) through (vii)''; and (II) by striking ``clause (vii)'' each place it appears and inserting ``clause (viii)''; and (III) in subparagraph (B)(ii)(II), by striking ``veteran or member described in subclause (II)'' and inserting ``veteran or a member described in subclause (III)''; and (ii) in subsection (g)(1), by striking ``described in subsection (a)(1)(C)''. ( B) Suicide prevention assistance.--Section 201(q)(4)(C) of the Commander John Scott Hannon Veterans Mental Health Care Improvement Act of 2019 (Public Law 116-171; 38 U.S.C. 1720F note) is amended by striking ``clauses (i) through (iv)'' and inserting ``clauses (ii) through (v)''. b) Study.--The Secretary shall conduct a study to assess the scope and cost of providing health care under the laws administered by the Secretary to former members of the Armed Forces with other than honorable discharges who were discharged from the Armed Forces after serving on active duty in the Armed Forces for less than two years for no other reason than the sexual orientation or gender identity of the member, whether pursuant to the Don't Ask, Don't Tell policy of the Department or not.

To require the Secretary of Veterans Affairs to address the inappropriate or unlawful denial by the Department of Veterans Affairs of benefits and services for former members of the Armed Forces who were discharged or released from the active military, naval, or air service under conditions characterized as neither dishonorable nor honorable, and for other purposes. B) For front-line staff.--The Secretary shall require all employees of the Department who the Secretary considers front-line staff, including employees of the Department that the Secretary considers Department facility enrollment and eligibility staff, to participate, as soon as practicable after the date of the enactment of this Act and periodically thereafter, in training described in subparagraph (A). ( 2) Notice.-- (A) In general.--The Secretary shall-- (i) notify all individuals who were discharged or released from service in the active military, naval, or air service under conditions that were characterized as neither honorable nor dishonorable about their right to apply for health care and benefits from the Department; and (ii) encourage individuals describe in clause (i) to apply for health care and benefits described in such clause, even if they have previously been denied or turned away from the Department. ( B) Covered individuals.--For purposes of this paragraph, a covered individual is an individual who was discharged or released from service in the active military, naval, or air service under conditions that were characterized as neither honorable nor dishonorable. (C) Contents.--Outreach carried out pursuant to the program required by subparagraph (A) shall include distribution of information about what benefits and services covered individuals may be eligible for under laws administered by the Secretary of Veterans Affairs. ( ii) Websites and blogs of the Department. ( iii) Veterans justice outreach program.-- The term ``Veterans Justice Outreach Program'' means the program through which the Department of Veterans Affairs identifies justice-involved veterans and provides such veterans with access to Department services. ( (2) Conforming amendments.-- (A) In general.--Section 1712A of such title is amended-- (i) in subsection (a)(1)-- (I) by striking ``clauses (i) through (vi)'' each place it appears and inserting ``clauses (i) through (vii)''; and (II) by striking ``clause (vii)'' each place it appears and inserting ``clause (viii)''; and (III) in subparagraph (B)(ii)(II), by striking ``veteran or member described in subclause (II)'' and inserting ``veteran or a member described in subclause (III)''; and (ii) in subsection (g)(1), by striking ``described in subsection (a)(1)(C)''. ( b) Study.--The Secretary shall conduct a study to assess the scope and cost of providing health care under the laws administered by the Secretary to former members of the Armed Forces with other than honorable discharges who were discharged from the Armed Forces after serving on active duty in the Armed Forces for less than two years for no other reason than the sexual orientation or gender identity of the member, whether pursuant to the Don't Ask, Don't Tell policy of the Department or not.

To require the Secretary of Veterans Affairs to address the inappropriate or unlawful denial by the Department of Veterans Affairs of benefits and services for former members of the Armed Forces who were discharged or released from the active military, naval, or air service under conditions characterized as neither dishonorable nor honorable, and for other purposes. 3) Designation of positions.-- (A) In general.--The Secretary shall designate a national-level position and establish senior positions within each regional office of the Department to focus on issues affecting individuals who served in the active military, naval, or air service and who were discharged or released therefrom under conditions characterized as neither honorable nor dishonorable. ( 2) Notice.-- (A) In general.--The Secretary shall-- (i) notify all individuals who were discharged or released from service in the active military, naval, or air service under conditions that were characterized as neither honorable nor dishonorable about their right to apply for health care and benefits from the Department; and (ii) encourage individuals describe in clause (i) to apply for health care and benefits described in such clause, even if they have previously been denied or turned away from the Department. ( C) Contents.--Outreach carried out pursuant to the program required by subparagraph (A) shall include distribution of information about what benefits and services covered individuals may be eligible for under laws administered by the Secretary of Veterans Affairs. ( ( ( 2) Conforming amendments.-- (A) In general.--Section 1712A of such title is amended-- (i) in subsection (a)(1)-- (I) by striking ``clauses (i) through (vi)'' each place it appears and inserting ``clauses (i) through (vii)''; and (II) by striking ``clause (vii)'' each place it appears and inserting ``clause (viii)''; and (III) in subparagraph (B)(ii)(II), by striking ``veteran or member described in subclause (II)'' and inserting ``veteran or a member described in subclause (III)''; and (ii) in subsection (g)(1), by striking ``described in subsection (a)(1)(C)''. ( B) Suicide prevention assistance.--Section 201(q)(4)(C) of the Commander John Scott Hannon Veterans Mental Health Care Improvement Act of 2019 (Public Law 116-171; 38 U.S.C. 1720F note) is amended by striking ``clauses (i) through (iv)'' and inserting ``clauses (ii) through (v)''.

To require the Secretary of Veterans Affairs to address the inappropriate or unlawful denial by the Department of Veterans Affairs of benefits and services for former members of the Armed Forces who were discharged or released from the active military, naval, or air service under conditions characterized as neither dishonorable nor honorable, and for other purposes. C) Contents.--Outreach carried out pursuant to the program required by subparagraph (A) shall include distribution of information about what benefits and services covered individuals may be eligible for under laws administered by the Secretary of Veterans Affairs. ( ( (2) Conforming amendments.-- (A) In general.--Section 1712A of such title is amended-- (i) in subsection (a)(1)-- (I) by striking ``clauses (i) through (vi)'' each place it appears and inserting ``clauses (i) through (vii)''; and (II) by striking ``clause (vii)'' each place it appears and inserting ``clause (viii)''; and (III) in subparagraph (B)(ii)(II), by striking ``veteran or member described in subclause (II)'' and inserting ``veteran or a member described in subclause (III)''; and (ii) in subsection (g)(1), by striking ``described in subsection (a)(1)(C)''. ( b) Study.--The Secretary shall conduct a study to assess the scope and cost of providing health care under the laws administered by the Secretary to former members of the Armed Forces with other than honorable discharges who were discharged from the Armed Forces after serving on active duty in the Armed Forces for less than two years for no other reason than the sexual orientation or gender identity of the member, whether pursuant to the Don't Ask, Don't Tell policy of the Department or not.

To require the Secretary of Veterans Affairs to address the inappropriate or unlawful denial by the Department of Veterans Affairs of benefits and services for former members of the Armed Forces who were discharged or released from the active military, naval, or air service under conditions characterized as neither dishonorable nor honorable, and for other purposes. 3) Designation of positions.-- (A) In general.--The Secretary shall designate a national-level position and establish senior positions within each regional office of the Department to focus on issues affecting individuals who served in the active military, naval, or air service and who were discharged or released therefrom under conditions characterized as neither honorable nor dishonorable. ( 2) Notice.-- (A) In general.--The Secretary shall-- (i) notify all individuals who were discharged or released from service in the active military, naval, or air service under conditions that were characterized as neither honorable nor dishonorable about their right to apply for health care and benefits from the Department; and (ii) encourage individuals describe in clause (i) to apply for health care and benefits described in such clause, even if they have previously been denied or turned away from the Department. ( C) Contents.--Outreach carried out pursuant to the program required by subparagraph (A) shall include distribution of information about what benefits and services covered individuals may be eligible for under laws administered by the Secretary of Veterans Affairs. ( ( ( 2) Conforming amendments.-- (A) In general.--Section 1712A of such title is amended-- (i) in subsection (a)(1)-- (I) by striking ``clauses (i) through (vi)'' each place it appears and inserting ``clauses (i) through (vii)''; and (II) by striking ``clause (vii)'' each place it appears and inserting ``clause (viii)''; and (III) in subparagraph (B)(ii)(II), by striking ``veteran or member described in subclause (II)'' and inserting ``veteran or a member described in subclause (III)''; and (ii) in subsection (g)(1), by striking ``described in subsection (a)(1)(C)''. ( B) Suicide prevention assistance.--Section 201(q)(4)(C) of the Commander John Scott Hannon Veterans Mental Health Care Improvement Act of 2019 (Public Law 116-171; 38 U.S.C. 1720F note) is amended by striking ``clauses (i) through (iv)'' and inserting ``clauses (ii) through (v)''.

Unlawful Turn-Aways Act of 2021 This bill directs the Department of Veterans Affairs (VA) to: (1) require all VA employees to participate in uniform, national training on character of discharge eligibility standards for VA benefits and services; (2) require any contact made by an individual seeking VA health care to be recorded in the VA's electronic health management system; and ( This bill amends the Department of Veterans Affairs (VA) Veterans Health Care Improvement Act of 2019 to modify eligibility requirements for certain counseling services provided by the VA, including counseling for military sexual trauma, suicide prevention assistance, and mental health counseling in veteran centers. The VA shall study and report to Congress on the treatment of former members of the Armed Forces who were discharged from active duty

S.1976

International Affairs

Nullifying Opportunities for Variants to Infect and Decimate Act or the NOVID Act This bill establishes the Pandemic Preparedness and Response Program to coordinate and carry out the U.S. government's global health response to COVID-19, its variants, and other pathogens with pandemic potential. As part of the program, the bill requires, within 30 days, the development of a comprehensive strategy to end the COVID-19 pandemic. The strategy must outline efforts to increase COVID-19 vaccinations worldwide, including through the immediate release of the COVID-19 vaccine doses that the United States committed to sending abroad. The bill also requires a long-term strategy for the program to prevent future pandemics.

To establish a program to oversee the global COVID-19 response and prepare for future pandemics, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Nullifying Opportunities for Variants to Infect and Decimate Act'' or the ``NOVID Act''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the United States has made tremendous progress towards ending the COVID-19 pandemic within its borders, thanks to an unprecedented and highly successful vaccination campaign spearheaded by the Biden Administration; (2) the COVID-19 pandemic continues to rage unchecked across much of the world as global vaccination efforts have struggled to keep pace; (3) if current trends continue, many middle-income countries may not achieve widespread vaccination until late 2022, and the world's poorest nations will not reach widespread vaccination coverage before 2023, if at all; (4) the situation overseas threatens progress toward ending the COVID-19 pandemic in the United States, since unchecked transmission of COVID-19 gives rise to new variants, many of which show vaccine resistance; (5) the most concerning of these variants has been shown to reduce vaccine efficacy by as much as 20 to 40 percent; and (6) the United States should take up the mantle of global leadership in the fight to end the COVID-19 pandemic-- (A) to protect United States citizens from the emergence of new vaccine-resistant coronavirus variants; and (B) to prevent the kind of humanitarian catastrophe currently occurring in South Asia, South America, and elsewhere. SEC. 3. PANDEMIC PREPAREDNESS AND RESPONSE PROGRAM. (a) Establishment.--There is established the Pandemic Preparedness and Response Program (referred to in this as the ``Program'')-- (1) to oversee the United States government-wide global health response to the COVID-19 pandemic; and (2) to protect Americans from the emergence of COVID-19 variants and other pathogens with pandemic potential. (b) Director.--The President shall appoint the Director of the Program (referred to in this Act as the ``Director''), who shall be responsible for coordinating among the Federal departments and agencies listed in subsection (c)(1) and coordinating the role of the United States in the work of international nongovernmental organizations, development banks, civil society, and foreign governments, with respect to the global health response to the COVID-19 pandemic and the prevention of the emergence of variants or of other pathogens with pandemic potential. (c) Federal Departments and Agencies.--The Federal departments and agencies listed in this subsection are-- (1) the Department of State; (2) the United States Agency for International Development; (3) the Centers for Disease Control and Prevention; (4) the Food and Drug Administration; (5) the Biomedical Advanced Research and Development Authority and the Health Resources and Services Administration of the Department of Health and Human Services; (6) the Department of Defense; (7) the Peace Corps; (8) the Department of Labor; and (9) any other department or agency the President determines appropriate. (d) Comprehensive Strategy.-- (1) In general.--Not later than 30 days after the date of the enactment of this Act, the Director shall develop a comprehensive strategy to end the COVID-19 pandemic worldwide and to prevent future pandemics, which shall include specific achievable goals to accomplish the objectives described in paragraph (2) with respect to the COVID-19 pandemic. (2) Objectives.--The strategy developed pursuant to paragraph (1) shall address issues relating to-- (A) the shortages of vaccines, vaccine components, any raw materials necessary to producing such articles, and other supplies necessary to carrying out a global vaccination campaign, to ensure that there is an adequate supply of vaccines and other necessary articles for all countries; (B) the end-to-end delivery and administration of vaccines in low- and middle-income countries to ensure that at least 60 percent of the populations in the 92 low- and middle-income countries identified by the COVAX initiative are vaccinated as soon as possible and not later than the beginning of the second quarter of 2022; and (C) preventing future pandemics by coordinating and integrating disease surveillance and early-warning systems, harmonizing early crisis response measures around the world, and limiting the potential for spillover events before they happen. (e) Authorization of Appropriations.-- (1) Authorization.--There is authorized to be appropriated $34,000,000,000 to carry out the Program established under this section. (2) Coordination.--Amounts made available to any Federal department or agency for providing global health assistance or other forms of foreign assistance may be made available to the Program, subject to the oversight and coordination of the Director. (3) Sense of congress.--It is the sense of Congress that-- (A) approximately $25,000,000,000 of the amount appropriated pursuant to paragraph (1) should be made available to scale vaccine manufacturing capacity and produce vaccines; (B) approximately $8,500,000,000 of such funds should be made available to cover the cost of end-to- end delivery and administration of vaccines in target countries; and (C) approximately $500,000,000 should be made available to establish a global disease surveillance network to protect against future pandemics. SEC. 4. IMPLEMENTATION OF COMPREHENSIVE STRATEGY. (a) Implementation.--In implementing the strategy developed pursuant to section 3(d)-- (1) the Director shall-- (A) ensure the immediate release of the 80,000,000 doses of vaccine that the United States has already committed to send abroad; (B) reassess the United States vaccine stockpile with regard to domestic vaccination objectives and trends to determine whether further vaccines can be sent abroad; (C) coordinate with the Biomedical Advanced Research and Development Authority of the Department of Health and Human Services (referred to in this section as ``BARDA'') to rapidly scale manufacturing capacity in the United States and in regional manufacturing hubs to whatever degree necessary and wherever necessary, to produce 8,000,000,000 vaccine doses as soon as possible, in addition to existing manufacturing capacity; (D) consider the potential benefit of regional manufacturing hubs in South America, Africa, and South Asia for the future of global health, especially the potential benefit for addressing future pandemics through the global disease surveillance network implemented pursuant to paragraph (3); (E) encourage and facilitate technology sharing and the licensing of intellectual property as much as is necessary to ensure an adequate and timely supply of necessary articles; (F) in collaboration with COVAX, ensure equitable access to vaccines, especially vaccines produced through the efforts of BARDA and the Program described in subparagraph (C) and paragraph (2); (G) work with international partners to provide enough vaccines to lower- and middle-income countries to fully vaccinate at least 60 percent of their respective populations, with special attention to the 92 lower- and middle-income countries identified by the COVAX initiative as being the most in need of assistance; and (H) consider the central and necessary role that community engagement and public awareness will play in ensuring the voluntary uptake of vaccines by at least 60 percent of the populations in target countries; (2) the Program shall-- (A) work closely with host governments, international partners, and other nongovernmental organizations to develop in-country infrastructure, personnel, and other assets sufficient to deliver vaccines where they are needed and when they are needed, and to administer the vaccines to appropriate target populations; (B) build on existing healthcare delivery infrastructure and relationships developed through the President's Emergency Plan For AIDS Relief and other pre-existing, bilateral humanitarian aid programs between the United States and the target countries, and through pre-existing multilateral relationships and initiatives in target countries; (C) develop country operational plans targeted primarily at lower- and middle-income countries without the infrastructure to manufacture, acquire, or administer vaccines; (D) monitor how many people in such target countries received inoculations, the infection rate, and vaccine manufacture status, including as a result of the activities of the Program; and (E) monitor and prepare daily updates regarding the overall progress in non-targeted countries toward vaccinating their populations and ending the COVID-19 pandemic within their borders, to ensure that the Director remains aware of overall global progress toward vaccinating the global population and ending the COVID-19 pandemic worldwide; and (3) following the end or the abatement of the COVID-19 pandemic, the Program should shift to protect against future pandemics by coordinating a global disease surveillance network to identify and stop pathogens with pandemic potential before they spread uncontrollably by-- (A) building on existing surveillance and prevention infrastructure and relationships developed through the National Security Council Directorate on Global Health Security and Biodefense and other pre- existing surveillance and prevention programs; (B) working with international partners to establish a coordinated disease surveillance system, directly linked to decision makers in foreign governments and nongovernmental organizations, so that certain agreed early-warning metrics would trigger timely and open communication between relevant decision makers around the world; and (C) in addition to monitoring for early warning signs of potential future pandemics, considering how to prevent or limit the potential for new spillover events by which new pathogens with pandemic potential are first transmitted to humans. (b) Sense of Congress.--It is the sense of Congress that-- (1) the United States Government played a crucial role in the unprecedented rapid development of the COVID-19 vaccines, substantially funding several vaccine candidates and closely collaborating with Moderna on the NIH-Moderna vaccine; and (2) in the face of a global health emergency, the United States Government has broad authority, including under the Defense Production Act (50 U.S.C. 4501 et seq.) and chapter 18 of title 35, United States Code (commonly referred to as the ``Bayh-Dole Act''), to ensure adequate supply of vaccines, necessary components, and raw materials through technology sharing and direct collaboration with manufacturers around the world. <all>

Nullifying Opportunities for Variants to Infect and Decimate Act

A bill to establish a program to oversee the global COVID-19 response and prepare for future pandemics, and for other purposes.

NOVID Act Nullifying Opportunities for Variants to Infect and Decimate Act

Sen. Merkley, Jeff

D

OR

This bill establishes the Pandemic Preparedness and Response Program to coordinate and carry out the U.S. government's global health response to COVID-19, its variants, and other pathogens with pandemic potential. As part of the program, the bill requires, within 30 days, the development of a comprehensive strategy to end the COVID-19 pandemic. The strategy must outline efforts to increase COVID-19 vaccinations worldwide, including through the immediate release of the COVID-19 vaccine doses that the United States committed to sending abroad. The bill also requires a long-term strategy for the program to prevent future pandemics.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Nullifying Opportunities for Variants to Infect and Decimate Act'' or the ``NOVID Act''. 2. PANDEMIC PREPAREDNESS AND RESPONSE PROGRAM. (a) Establishment.--There is established the Pandemic Preparedness and Response Program (referred to in this as the ``Program'')-- (1) to oversee the United States government-wide global health response to the COVID-19 pandemic; and (2) to protect Americans from the emergence of COVID-19 variants and other pathogens with pandemic potential. (c) Federal Departments and Agencies.--The Federal departments and agencies listed in this subsection are-- (1) the Department of State; (2) the United States Agency for International Development; (3) the Centers for Disease Control and Prevention; (4) the Food and Drug Administration; (5) the Biomedical Advanced Research and Development Authority and the Health Resources and Services Administration of the Department of Health and Human Services; (6) the Department of Defense; (7) the Peace Corps; (8) the Department of Labor; and (9) any other department or agency the President determines appropriate. (2) Objectives.--The strategy developed pursuant to paragraph (1) shall address issues relating to-- (A) the shortages of vaccines, vaccine components, any raw materials necessary to producing such articles, and other supplies necessary to carrying out a global vaccination campaign, to ensure that there is an adequate supply of vaccines and other necessary articles for all countries; (B) the end-to-end delivery and administration of vaccines in low- and middle-income countries to ensure that at least 60 percent of the populations in the 92 low- and middle-income countries identified by the COVAX initiative are vaccinated as soon as possible and not later than the beginning of the second quarter of 2022; and (C) preventing future pandemics by coordinating and integrating disease surveillance and early-warning systems, harmonizing early crisis response measures around the world, and limiting the potential for spillover events before they happen. (2) Coordination.--Amounts made available to any Federal department or agency for providing global health assistance or other forms of foreign assistance may be made available to the Program, subject to the oversight and coordination of the Director. (3) Sense of congress.--It is the sense of Congress that-- (A) approximately $25,000,000,000 of the amount appropriated pursuant to paragraph (1) should be made available to scale vaccine manufacturing capacity and produce vaccines; (B) approximately $8,500,000,000 of such funds should be made available to cover the cost of end-to- end delivery and administration of vaccines in target countries; and (C) approximately $500,000,000 should be made available to establish a global disease surveillance network to protect against future pandemics. SEC. IMPLEMENTATION OF COMPREHENSIVE STRATEGY. 4501 et seq.)

This Act may be cited as the ``Nullifying Opportunities for Variants to Infect and Decimate Act'' or the ``NOVID Act''. 2. PANDEMIC PREPAREDNESS AND RESPONSE PROGRAM. (a) Establishment.--There is established the Pandemic Preparedness and Response Program (referred to in this as the ``Program'')-- (1) to oversee the United States government-wide global health response to the COVID-19 pandemic; and (2) to protect Americans from the emergence of COVID-19 variants and other pathogens with pandemic potential. (c) Federal Departments and Agencies.--The Federal departments and agencies listed in this subsection are-- (1) the Department of State; (2) the United States Agency for International Development; (3) the Centers for Disease Control and Prevention; (4) the Food and Drug Administration; (5) the Biomedical Advanced Research and Development Authority and the Health Resources and Services Administration of the Department of Health and Human Services; (6) the Department of Defense; (7) the Peace Corps; (8) the Department of Labor; and (9) any other department or agency the President determines appropriate. (3) Sense of congress.--It is the sense of Congress that-- (A) approximately $25,000,000,000 of the amount appropriated pursuant to paragraph (1) should be made available to scale vaccine manufacturing capacity and produce vaccines; (B) approximately $8,500,000,000 of such funds should be made available to cover the cost of end-to- end delivery and administration of vaccines in target countries; and (C) approximately $500,000,000 should be made available to establish a global disease surveillance network to protect against future pandemics. SEC. IMPLEMENTATION OF COMPREHENSIVE STRATEGY.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Nullifying Opportunities for Variants to Infect and Decimate Act'' or the ``NOVID Act''. 2. PANDEMIC PREPAREDNESS AND RESPONSE PROGRAM. (a) Establishment.--There is established the Pandemic Preparedness and Response Program (referred to in this as the ``Program'')-- (1) to oversee the United States government-wide global health response to the COVID-19 pandemic; and (2) to protect Americans from the emergence of COVID-19 variants and other pathogens with pandemic potential. (c) Federal Departments and Agencies.--The Federal departments and agencies listed in this subsection are-- (1) the Department of State; (2) the United States Agency for International Development; (3) the Centers for Disease Control and Prevention; (4) the Food and Drug Administration; (5) the Biomedical Advanced Research and Development Authority and the Health Resources and Services Administration of the Department of Health and Human Services; (6) the Department of Defense; (7) the Peace Corps; (8) the Department of Labor; and (9) any other department or agency the President determines appropriate. (2) Objectives.--The strategy developed pursuant to paragraph (1) shall address issues relating to-- (A) the shortages of vaccines, vaccine components, any raw materials necessary to producing such articles, and other supplies necessary to carrying out a global vaccination campaign, to ensure that there is an adequate supply of vaccines and other necessary articles for all countries; (B) the end-to-end delivery and administration of vaccines in low- and middle-income countries to ensure that at least 60 percent of the populations in the 92 low- and middle-income countries identified by the COVAX initiative are vaccinated as soon as possible and not later than the beginning of the second quarter of 2022; and (C) preventing future pandemics by coordinating and integrating disease surveillance and early-warning systems, harmonizing early crisis response measures around the world, and limiting the potential for spillover events before they happen. (2) Coordination.--Amounts made available to any Federal department or agency for providing global health assistance or other forms of foreign assistance may be made available to the Program, subject to the oversight and coordination of the Director. (3) Sense of congress.--It is the sense of Congress that-- (A) approximately $25,000,000,000 of the amount appropriated pursuant to paragraph (1) should be made available to scale vaccine manufacturing capacity and produce vaccines; (B) approximately $8,500,000,000 of such funds should be made available to cover the cost of end-to- end delivery and administration of vaccines in target countries; and (C) approximately $500,000,000 should be made available to establish a global disease surveillance network to protect against future pandemics. SEC. IMPLEMENTATION OF COMPREHENSIVE STRATEGY. 4501 et seq.)

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Nullifying Opportunities for Variants to Infect and Decimate Act'' or the ``NOVID Act''. 2. PANDEMIC PREPAREDNESS AND RESPONSE PROGRAM. (a) Establishment.--There is established the Pandemic Preparedness and Response Program (referred to in this as the ``Program'')-- (1) to oversee the United States government-wide global health response to the COVID-19 pandemic; and (2) to protect Americans from the emergence of COVID-19 variants and other pathogens with pandemic potential. (c) Federal Departments and Agencies.--The Federal departments and agencies listed in this subsection are-- (1) the Department of State; (2) the United States Agency for International Development; (3) the Centers for Disease Control and Prevention; (4) the Food and Drug Administration; (5) the Biomedical Advanced Research and Development Authority and the Health Resources and Services Administration of the Department of Health and Human Services; (6) the Department of Defense; (7) the Peace Corps; (8) the Department of Labor; and (9) any other department or agency the President determines appropriate. (2) Objectives.--The strategy developed pursuant to paragraph (1) shall address issues relating to-- (A) the shortages of vaccines, vaccine components, any raw materials necessary to producing such articles, and other supplies necessary to carrying out a global vaccination campaign, to ensure that there is an adequate supply of vaccines and other necessary articles for all countries; (B) the end-to-end delivery and administration of vaccines in low- and middle-income countries to ensure that at least 60 percent of the populations in the 92 low- and middle-income countries identified by the COVAX initiative are vaccinated as soon as possible and not later than the beginning of the second quarter of 2022; and (C) preventing future pandemics by coordinating and integrating disease surveillance and early-warning systems, harmonizing early crisis response measures around the world, and limiting the potential for spillover events before they happen. (2) Coordination.--Amounts made available to any Federal department or agency for providing global health assistance or other forms of foreign assistance may be made available to the Program, subject to the oversight and coordination of the Director. (3) Sense of congress.--It is the sense of Congress that-- (A) approximately $25,000,000,000 of the amount appropriated pursuant to paragraph (1) should be made available to scale vaccine manufacturing capacity and produce vaccines; (B) approximately $8,500,000,000 of such funds should be made available to cover the cost of end-to- end delivery and administration of vaccines in target countries; and (C) approximately $500,000,000 should be made available to establish a global disease surveillance network to protect against future pandemics. SEC. IMPLEMENTATION OF COMPREHENSIVE STRATEGY. 4501 et seq.)

To establish a program to oversee the global COVID-19 response and prepare for future pandemics, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. PANDEMIC PREPAREDNESS AND RESPONSE PROGRAM. (a) Establishment.--There is established the Pandemic Preparedness and Response Program (referred to in this as the ``Program'')-- (1) to oversee the United States government-wide global health response to the COVID-19 pandemic; and (2) to protect Americans from the emergence of COVID-19 variants and other pathogens with pandemic potential. ( b) Director.--The President shall appoint the Director of the Program (referred to in this Act as the ``Director''), who shall be responsible for coordinating among the Federal departments and agencies listed in subsection (c)(1) and coordinating the role of the United States in the work of international nongovernmental organizations, development banks, civil society, and foreign governments, with respect to the global health response to the COVID-19 pandemic and the prevention of the emergence of variants or of other pathogens with pandemic potential. ( (d) Comprehensive Strategy.-- (1) In general.--Not later than 30 days after the date of the enactment of this Act, the Director shall develop a comprehensive strategy to end the COVID-19 pandemic worldwide and to prevent future pandemics, which shall include specific achievable goals to accomplish the objectives described in paragraph (2) with respect to the COVID-19 pandemic. ( e) Authorization of Appropriations.-- (1) Authorization.--There is authorized to be appropriated $34,000,000,000 to carry out the Program established under this section. (2) Coordination.--Amounts made available to any Federal department or agency for providing global health assistance or other forms of foreign assistance may be made available to the Program, subject to the oversight and coordination of the Director. ( 3) Sense of congress.--It is the sense of Congress that-- (A) approximately $25,000,000,000 of the amount appropriated pursuant to paragraph (1) should be made available to scale vaccine manufacturing capacity and produce vaccines; (B) approximately $8,500,000,000 of such funds should be made available to cover the cost of end-to- end delivery and administration of vaccines in target countries; and (C) approximately $500,000,000 should be made available to establish a global disease surveillance network to protect against future pandemics. (b) Sense of Congress.--It is the sense of Congress that-- (1) the United States Government played a crucial role in the unprecedented rapid development of the COVID-19 vaccines, substantially funding several vaccine candidates and closely collaborating with Moderna on the NIH-Moderna vaccine; and (2) in the face of a global health emergency, the United States Government has broad authority, including under the Defense Production Act (50 U.S.C. 4501 et seq.) and chapter 18 of title 35, United States Code (commonly referred to as the ``Bayh-Dole Act''), to ensure adequate supply of vaccines, necessary components, and raw materials through technology sharing and direct collaboration with manufacturers around the world.

To establish a program to oversee the global COVID-19 response and prepare for future pandemics, and for other purposes. a) Establishment.--There is established the Pandemic Preparedness and Response Program (referred to in this as the ``Program'')-- (1) to oversee the United States government-wide global health response to the COVID-19 pandemic; and (2) to protect Americans from the emergence of COVID-19 variants and other pathogens with pandemic potential. (b) Director.--The President shall appoint the Director of the Program (referred to in this Act as the ``Director''), who shall be responsible for coordinating among the Federal departments and agencies listed in subsection (c)(1) and coordinating the role of the United States in the work of international nongovernmental organizations, development banks, civil society, and foreign governments, with respect to the global health response to the COVID-19 pandemic and the prevention of the emergence of variants or of other pathogens with pandemic potential. ( d) Comprehensive Strategy.-- (1) In general.--Not later than 30 days after the date of the enactment of this Act, the Director shall develop a comprehensive strategy to end the COVID-19 pandemic worldwide and to prevent future pandemics, which shall include specific achievable goals to accomplish the objectives described in paragraph (2) with respect to the COVID-19 pandemic. e) Authorization of Appropriations.-- (1) Authorization.--There is authorized to be appropriated $34,000,000,000 to carry out the Program established under this section. ( 3) Sense of congress.--It is the sense of Congress that-- (A) approximately $25,000,000,000 of the amount appropriated pursuant to paragraph (1) should be made available to scale vaccine manufacturing capacity and produce vaccines; (B) approximately $8,500,000,000 of such funds should be made available to cover the cost of end-to- end delivery and administration of vaccines in target countries; and (C) approximately $500,000,000 should be made available to establish a global disease surveillance network to protect against future pandemics. (b) Sense of Congress.--It is the sense of Congress that-- (1) the United States Government played a crucial role in the unprecedented rapid development of the COVID-19 vaccines, substantially funding several vaccine candidates and closely collaborating with Moderna on the NIH-Moderna vaccine; and (2) in the face of a global health emergency, the United States Government has broad authority, including under the Defense Production Act (50 U.S.C. 4501 et seq.) and chapter 18 of title 35, United States Code (commonly referred to as the ``Bayh-Dole Act''), to ensure adequate supply of vaccines, necessary components, and raw materials through technology sharing and direct collaboration with manufacturers around the world.

To establish a program to oversee the global COVID-19 response and prepare for future pandemics, and for other purposes. a) Establishment.--There is established the Pandemic Preparedness and Response Program (referred to in this as the ``Program'')-- (1) to oversee the United States government-wide global health response to the COVID-19 pandemic; and (2) to protect Americans from the emergence of COVID-19 variants and other pathogens with pandemic potential. (b) Director.--The President shall appoint the Director of the Program (referred to in this Act as the ``Director''), who shall be responsible for coordinating among the Federal departments and agencies listed in subsection (c)(1) and coordinating the role of the United States in the work of international nongovernmental organizations, development banks, civil society, and foreign governments, with respect to the global health response to the COVID-19 pandemic and the prevention of the emergence of variants or of other pathogens with pandemic potential. ( d) Comprehensive Strategy.-- (1) In general.--Not later than 30 days after the date of the enactment of this Act, the Director shall develop a comprehensive strategy to end the COVID-19 pandemic worldwide and to prevent future pandemics, which shall include specific achievable goals to accomplish the objectives described in paragraph (2) with respect to the COVID-19 pandemic. e) Authorization of Appropriations.-- (1) Authorization.--There is authorized to be appropriated $34,000,000,000 to carry out the Program established under this section. ( 3) Sense of congress.--It is the sense of Congress that-- (A) approximately $25,000,000,000 of the amount appropriated pursuant to paragraph (1) should be made available to scale vaccine manufacturing capacity and produce vaccines; (B) approximately $8,500,000,000 of such funds should be made available to cover the cost of end-to- end delivery and administration of vaccines in target countries; and (C) approximately $500,000,000 should be made available to establish a global disease surveillance network to protect against future pandemics. (b) Sense of Congress.--It is the sense of Congress that-- (1) the United States Government played a crucial role in the unprecedented rapid development of the COVID-19 vaccines, substantially funding several vaccine candidates and closely collaborating with Moderna on the NIH-Moderna vaccine; and (2) in the face of a global health emergency, the United States Government has broad authority, including under the Defense Production Act (50 U.S.C. 4501 et seq.) and chapter 18 of title 35, United States Code (commonly referred to as the ``Bayh-Dole Act''), to ensure adequate supply of vaccines, necessary components, and raw materials through technology sharing and direct collaboration with manufacturers around the world.

To establish a program to oversee the global COVID-19 response and prepare for future pandemics, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. PANDEMIC PREPAREDNESS AND RESPONSE PROGRAM. (a) Establishment.--There is established the Pandemic Preparedness and Response Program (referred to in this as the ``Program'')-- (1) to oversee the United States government-wide global health response to the COVID-19 pandemic; and (2) to protect Americans from the emergence of COVID-19 variants and other pathogens with pandemic potential. ( b) Director.--The President shall appoint the Director of the Program (referred to in this Act as the ``Director''), who shall be responsible for coordinating among the Federal departments and agencies listed in subsection (c)(1) and coordinating the role of the United States in the work of international nongovernmental organizations, development banks, civil society, and foreign governments, with respect to the global health response to the COVID-19 pandemic and the prevention of the emergence of variants or of other pathogens with pandemic potential. ( (d) Comprehensive Strategy.-- (1) In general.--Not later than 30 days after the date of the enactment of this Act, the Director shall develop a comprehensive strategy to end the COVID-19 pandemic worldwide and to prevent future pandemics, which shall include specific achievable goals to accomplish the objectives described in paragraph (2) with respect to the COVID-19 pandemic. ( e) Authorization of Appropriations.-- (1) Authorization.--There is authorized to be appropriated $34,000,000,000 to carry out the Program established under this section. (2) Coordination.--Amounts made available to any Federal department or agency for providing global health assistance or other forms of foreign assistance may be made available to the Program, subject to the oversight and coordination of the Director. ( 3) Sense of congress.--It is the sense of Congress that-- (A) approximately $25,000,000,000 of the amount appropriated pursuant to paragraph (1) should be made available to scale vaccine manufacturing capacity and produce vaccines; (B) approximately $8,500,000,000 of such funds should be made available to cover the cost of end-to- end delivery and administration of vaccines in target countries; and (C) approximately $500,000,000 should be made available to establish a global disease surveillance network to protect against future pandemics. (b) Sense of Congress.--It is the sense of Congress that-- (1) the United States Government played a crucial role in the unprecedented rapid development of the COVID-19 vaccines, substantially funding several vaccine candidates and closely collaborating with Moderna on the NIH-Moderna vaccine; and (2) in the face of a global health emergency, the United States Government has broad authority, including under the Defense Production Act (50 U.S.C. 4501 et seq.) and chapter 18 of title 35, United States Code (commonly referred to as the ``Bayh-Dole Act''), to ensure adequate supply of vaccines, necessary components, and raw materials through technology sharing and direct collaboration with manufacturers around the world.

To establish a program to oversee the global COVID-19 response and prepare for future pandemics, and for other purposes. a) Establishment.--There is established the Pandemic Preparedness and Response Program (referred to in this as the ``Program'')-- (1) to oversee the United States government-wide global health response to the COVID-19 pandemic; and (2) to protect Americans from the emergence of COVID-19 variants and other pathogens with pandemic potential. (b) Director.--The President shall appoint the Director of the Program (referred to in this Act as the ``Director''), who shall be responsible for coordinating among the Federal departments and agencies listed in subsection (c)(1) and coordinating the role of the United States in the work of international nongovernmental organizations, development banks, civil society, and foreign governments, with respect to the global health response to the COVID-19 pandemic and the prevention of the emergence of variants or of other pathogens with pandemic potential. ( d) Comprehensive Strategy.-- (1) In general.--Not later than 30 days after the date of the enactment of this Act, the Director shall develop a comprehensive strategy to end the COVID-19 pandemic worldwide and to prevent future pandemics, which shall include specific achievable goals to accomplish the objectives described in paragraph (2) with respect to the COVID-19 pandemic. e) Authorization of Appropriations.-- (1) Authorization.--There is authorized to be appropriated $34,000,000,000 to carry out the Program established under this section. ( 3) Sense of congress.--It is the sense of Congress that-- (A) approximately $25,000,000,000 of the amount appropriated pursuant to paragraph (1) should be made available to scale vaccine manufacturing capacity and produce vaccines; (B) approximately $8,500,000,000 of such funds should be made available to cover the cost of end-to- end delivery and administration of vaccines in target countries; and (C) approximately $500,000,000 should be made available to establish a global disease surveillance network to protect against future pandemics. (b) Sense of Congress.--It is the sense of Congress that-- (1) the United States Government played a crucial role in the unprecedented rapid development of the COVID-19 vaccines, substantially funding several vaccine candidates and closely collaborating with Moderna on the NIH-Moderna vaccine; and (2) in the face of a global health emergency, the United States Government has broad authority, including under the Defense Production Act (50 U.S.C. 4501 et seq.) and chapter 18 of title 35, United States Code (commonly referred to as the ``Bayh-Dole Act''), to ensure adequate supply of vaccines, necessary components, and raw materials through technology sharing and direct collaboration with manufacturers around the world.

To establish a program to oversee the global COVID-19 response and prepare for future pandemics, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. PANDEMIC PREPAREDNESS AND RESPONSE PROGRAM. (a) Establishment.--There is established the Pandemic Preparedness and Response Program (referred to in this as the ``Program'')-- (1) to oversee the United States government-wide global health response to the COVID-19 pandemic; and (2) to protect Americans from the emergence of COVID-19 variants and other pathogens with pandemic potential. ( b) Director.--The President shall appoint the Director of the Program (referred to in this Act as the ``Director''), who shall be responsible for coordinating among the Federal departments and agencies listed in subsection (c)(1) and coordinating the role of the United States in the work of international nongovernmental organizations, development banks, civil society, and foreign governments, with respect to the global health response to the COVID-19 pandemic and the prevention of the emergence of variants or of other pathogens with pandemic potential. ( (d) Comprehensive Strategy.-- (1) In general.--Not later than 30 days after the date of the enactment of this Act, the Director shall develop a comprehensive strategy to end the COVID-19 pandemic worldwide and to prevent future pandemics, which shall include specific achievable goals to accomplish the objectives described in paragraph (2) with respect to the COVID-19 pandemic. ( e) Authorization of Appropriations.-- (1) Authorization.--There is authorized to be appropriated $34,000,000,000 to carry out the Program established under this section. (2) Coordination.--Amounts made available to any Federal department or agency for providing global health assistance or other forms of foreign assistance may be made available to the Program, subject to the oversight and coordination of the Director. ( 3) Sense of congress.--It is the sense of Congress that-- (A) approximately $25,000,000,000 of the amount appropriated pursuant to paragraph (1) should be made available to scale vaccine manufacturing capacity and produce vaccines; (B) approximately $8,500,000,000 of such funds should be made available to cover the cost of end-to- end delivery and administration of vaccines in target countries; and (C) approximately $500,000,000 should be made available to establish a global disease surveillance network to protect against future pandemics. (b) Sense of Congress.--It is the sense of Congress that-- (1) the United States Government played a crucial role in the unprecedented rapid development of the COVID-19 vaccines, substantially funding several vaccine candidates and closely collaborating with Moderna on the NIH-Moderna vaccine; and (2) in the face of a global health emergency, the United States Government has broad authority, including under the Defense Production Act (50 U.S.C. 4501 et seq.) and chapter 18 of title 35, United States Code (commonly referred to as the ``Bayh-Dole Act''), to ensure adequate supply of vaccines, necessary components, and raw materials through technology sharing and direct collaboration with manufacturers around the world.

To establish a program to oversee the global COVID-19 response and prepare for future pandemics, and for other purposes. a) Establishment.--There is established the Pandemic Preparedness and Response Program (referred to in this as the ``Program'')-- (1) to oversee the United States government-wide global health response to the COVID-19 pandemic; and (2) to protect Americans from the emergence of COVID-19 variants and other pathogens with pandemic potential. (b) Director.--The President shall appoint the Director of the Program (referred to in this Act as the ``Director''), who shall be responsible for coordinating among the Federal departments and agencies listed in subsection (c)(1) and coordinating the role of the United States in the work of international nongovernmental organizations, development banks, civil society, and foreign governments, with respect to the global health response to the COVID-19 pandemic and the prevention of the emergence of variants or of other pathogens with pandemic potential. ( d) Comprehensive Strategy.-- (1) In general.--Not later than 30 days after the date of the enactment of this Act, the Director shall develop a comprehensive strategy to end the COVID-19 pandemic worldwide and to prevent future pandemics, which shall include specific achievable goals to accomplish the objectives described in paragraph (2) with respect to the COVID-19 pandemic. e) Authorization of Appropriations.-- (1) Authorization.--There is authorized to be appropriated $34,000,000,000 to carry out the Program established under this section. ( 3) Sense of congress.--It is the sense of Congress that-- (A) approximately $25,000,000,000 of the amount appropriated pursuant to paragraph (1) should be made available to scale vaccine manufacturing capacity and produce vaccines; (B) approximately $8,500,000,000 of such funds should be made available to cover the cost of end-to- end delivery and administration of vaccines in target countries; and (C) approximately $500,000,000 should be made available to establish a global disease surveillance network to protect against future pandemics. (b) Sense of Congress.--It is the sense of Congress that-- (1) the United States Government played a crucial role in the unprecedented rapid development of the COVID-19 vaccines, substantially funding several vaccine candidates and closely collaborating with Moderna on the NIH-Moderna vaccine; and (2) in the face of a global health emergency, the United States Government has broad authority, including under the Defense Production Act (50 U.S.C. 4501 et seq.) and chapter 18 of title 35, United States Code (commonly referred to as the ``Bayh-Dole Act''), to ensure adequate supply of vaccines, necessary components, and raw materials through technology sharing and direct collaboration with manufacturers around the world.

To establish a program to oversee the global COVID-19 response and prepare for future pandemics, and for other purposes. b) Director.--The President shall appoint the Director of the Program (referred to in this Act as the ``Director''), who shall be responsible for coordinating among the Federal departments and agencies listed in subsection (c)(1) and coordinating the role of the United States in the work of international nongovernmental organizations, development banks, civil society, and foreign governments, with respect to the global health response to the COVID-19 pandemic and the prevention of the emergence of variants or of other pathogens with pandemic potential. ( ( ( e) Authorization of Appropriations.-- (1) Authorization.--There is authorized to be appropriated $34,000,000,000 to carry out the Program established under this section. ( b) Sense of Congress.--It is the sense of Congress that-- (1) the United States Government played a crucial role in the unprecedented rapid development of the COVID-19 vaccines, substantially funding several vaccine candidates and closely collaborating with Moderna on the NIH-Moderna vaccine; and (2) in the face of a global health emergency, the United States Government has broad authority, including under the Defense Production Act (50 U.S.C. 4501 et seq.) and chapter 18 of title 35, United States Code (commonly referred to as the ``Bayh-Dole Act''), to ensure adequate supply of vaccines, necessary components, and raw materials through technology sharing and direct collaboration with manufacturers around the world.

To establish a program to oversee the global COVID-19 response and prepare for future pandemics, and for other purposes. d) Comprehensive Strategy.-- (1) In general.--Not later than 30 days after the date of the enactment of this Act, the Director shall develop a comprehensive strategy to end the COVID-19 pandemic worldwide and to prevent future pandemics, which shall include specific achievable goals to accomplish the objectives described in paragraph (2) with respect to the COVID-19 pandemic. (b) Sense of Congress.--It is the sense of Congress that-- (1) the United States Government played a crucial role in the unprecedented rapid development of the COVID-19 vaccines, substantially funding several vaccine candidates and closely collaborating with Moderna on the NIH-Moderna vaccine; and (2) in the face of a global health emergency, the United States Government has broad authority, including under the Defense Production Act (50 U.S.C. 4501 et seq.) and chapter 18 of title 35, United States Code (commonly referred to as the ``Bayh-Dole Act''), to ensure adequate supply of vaccines, necessary components, and raw materials through technology sharing and direct collaboration with manufacturers around the world.

To establish a program to oversee the global COVID-19 response and prepare for future pandemics, and for other purposes. b) Director.--The President shall appoint the Director of the Program (referred to in this Act as the ``Director''), who shall be responsible for coordinating among the Federal departments and agencies listed in subsection (c)(1) and coordinating the role of the United States in the work of international nongovernmental organizations, development banks, civil society, and foreign governments, with respect to the global health response to the COVID-19 pandemic and the prevention of the emergence of variants or of other pathogens with pandemic potential. ( ( ( e) Authorization of Appropriations.-- (1) Authorization.--There is authorized to be appropriated $34,000,000,000 to carry out the Program established under this section. ( b) Sense of Congress.--It is the sense of Congress that-- (1) the United States Government played a crucial role in the unprecedented rapid development of the COVID-19 vaccines, substantially funding several vaccine candidates and closely collaborating with Moderna on the NIH-Moderna vaccine; and (2) in the face of a global health emergency, the United States Government has broad authority, including under the Defense Production Act (50 U.S.C. 4501 et seq.) and chapter 18 of title 35, United States Code (commonly referred to as the ``Bayh-Dole Act''), to ensure adequate supply of vaccines, necessary components, and raw materials through technology sharing and direct collaboration with manufacturers around the world.

Nullifying Opportunities for Variants to Infect and Decimate Act or the NOID Act This bill expresses the sense of Congress that: (1) the United States has made tremendous progress towards ending the COVID-19 pandemic within its borders, thanks to an unprecedented and highly successful vaccination campaign spearheaded by the Biden Administration; (2) the CO VID-19 Pandemic continues to Directs the Director of the Centers for Disease Control and Prevention (CDC) to: (1) ensure the immediate release of the 80 million doses of vaccine that the United States has already committed to send abroad; (2) reassess the U.S. vaccine stockpile with regard to domestic vaccination objectives and trends to determine whether further vaccines can be sent abroad; and (3) work

S.2706

Health

Diversifying Investigations Via Equitable Research Studies for Everyone Trials Act or the DIVERSE Trials Act This bill requires activities to increase diversity in clinical trials. It also expands reporting by laboratories that test for and diagnose COVID-19 and requires a study on data collection and data sharing during public health emergencies. Specifically, the Food and Drug Administration (FDA) must issue guidance on decentralized clinical trials to promote meaningful demographic and geographic diversity in patient engagement, enrollment, and participation. Decentralized clinical trials include those executed through telemedicine or other digital technologies to allow for the remote collection and assessment of clinical trial data. The FDA may also work with foreign regulators to harmonize international regulations governing decentralized clinical trials and the use of digital health technology. In addition, the Department of Health and Human Services (HHS) may support community education, outreach, and recruitment activities for clinical trials of treatments for conditions that disproportionately impact populations underrepresented in clinical trials. The bill also specifies that drug or device manufacturers may provide, subject to some limits, free digital health technologies and other remuneration to patients in approved clinical trials without violating laws that address fraud and abuse in federal programs. Furthermore, laboratories that test for and diagnose COVID-19 must report additional demographic data, including information about social determinants of health. HHS must also contract with the National Academy of Medicine to study and propose a design for an interoperable platform to facilitate data sharing during public health emergencies.

To improve diversity in clinical trials and data collection for COVID- 19 and future public health threats to address social determinants of health. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Diversifying Investigations Via Equitable Research Studies for Everyone Trials Act'' or the ``DIVERSE Trials Act''. SEC. 2. GUIDANCE ON DECENTRALIZED CLINICAL TRIALS. (a) Definitions.--In this section, the term ``decentralized clinical trials'' includes clinical trials that are executed through a broad spectrum of options, such as telemedicine or other mobile or digital technologies, to allow for the remote collection and assessment of clinical trial data from participants, including in the home or office setting. (b) Guidance.--Not later than 6 months after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this Act as the ``Secretary''), acting through the Commissioner of Food and Drugs (referred to in this Act as the ``Commissioner''), shall issue a draft guidance that addresses how to conduct decentralized clinical trials with meaningful demographic diversity, including racial, ethnic, age, gender, and geographic diversity in patient engagement, enrollment, and participation, including how to appropriately use digital health technologies or other remote assessment options, such as telemedicine, to support such trials. Not later than 6 months after the date the public comment period for the draft guidance ends, the Secretary shall issue a final guidance. (c) Content of Guidance.--The guidance under subsection (b) shall address the following: (1) Strategies to engage with prospective clinical trial participants and community partners, such as patient advocacy groups with diverse representation, to incorporate input of such patients and partners into the design of decentralized clinical trials. (2) Recommendations for-- (A) protocol design approaches; (B) appropriate clinical endpoints; (C) institutional review board composition and ensuring that such boards include members with expertise in decentralized clinical trials; (D) delegation of clinical research organization responsibilities and suitable proxies for clinical research organizations; and (E) simplifying informed consent. (3) Recommendations for how digital health technology or other remote assessment options, such as telemedicine, could support decentralized clinical trials, including guidance on appropriate technological platforms and mediums, data collection and use, data integrity, and communication to study participants through digital technology. (4) Recommendations for appropriate methods of patient recruitment and retention, including institutional review board oversight, patient communication, and the role of study participants and community partners as advocates to facilitate clinical trial recruitment, particularly with respect to underrepresented populations. (5) Information regarding when and how a study sponsor may solicit a meeting with the Secretary regarding the issues described in paragraphs (1) through (4). (d) International Harmonization.--After issuing the final guidance under subsection (b), the Secretary, acting through the Commissioner, may work with foreign regulators pursuant to existing memoranda of understanding governing exchange of information to facilitate international harmonization of the regulation of decentralized clinical trials and use of digital health technology or other remote assessment options. SEC. 3. ENCOURAGEMENT OF CLINICAL TRIAL ENROLLMENT BY RACIALLY AND ETHNICALLY DIVERSE POPULATIONS. (a) No Cost Provision of Digital Health Technologies.--The free provision of digital health technologies by drug or device manufacturers to their clinical trial participants shall not be considered a violation of section 1128A of the Social Security Act (commonly known as the ``Civil Monetary Penalties Law'') (42 U.S.C. 1320a-7a), section 1128B of the Social Security Act (42 U.S.C. 1320a- 7b), or sections 3729 through 3733 of title 31, United States Code, (commonly known as the ``False Claims Act''), provided that-- (1) the use of digital health technologies will facilitate in any phase of clinical development the inclusion of diversity of patient populations, such as underrepresented racial and ethnic minorities, low-income populations, and the elderly; (2) the digital health technologies will facilitate individuals participation, or are necessary to such participation; (3) all features of the digital health technologies that are unrelated to use in the clinical trial are disabled or only allowed to remain activated to model real-world usage of the digital technology; and (4) the clinical trial sponsor requires participants to return, purchase, or disable the digital health technologies by the conclusion of the trial. (b) Grants and Contracts.-- (1) In general.--The Secretary may issue grants to and enter into contracts with entities to support community education, outreach, and recruitment activities for clinical trials with respect to drugs, including vaccines for diseases or conditions which have a disproportionate impact on underrepresented populations (including on racial and ethnic minority populations), including for the diagnosis, prevention, or treatment of COVID-19. Such activities may include-- (A) working with community clinical trial sites, including community health centers, academic health centers, and other facilities; (B) training health care personnel including potential clinical trial investigators, with a focus on significantly increasing the number of underrepresented racial and ethnic minority healthcare personnel who are clinical trial investigators at the community sites for ongoing clinical trials; (C) engaging community stakeholders to encourage participation in clinical trials, especially in underrepresented racial and ethnic minority communities; and (D) fostering partnerships with community-based organizations serving underrepresented racial and ethnical minority populations, including employee unions and frontline health care workers. (2) Priority for grant and contract awards.--In awarding grants and contracts under this subsection, the Secretary shall prioritize entities that-- (A) develop educational, recruitment, and training materials in multiple languages; or (B) undertake clinical trial outreach efforts in more diverse racial and ethnic communities that are traditionally underrepresented in clinical trials, such as tribal areas. (3) Authorization of appropriations.--There is authorized to be appropriated for fiscal years 2020 and 2021 such sums as may be necessary to carry out this subsection. SEC. 4. ENHANCEMENT OF COVID-19 DATA COLLECTION TO ADDRESS DEMOGRAPHIC DATA GAPS AND SOCIAL DETERMINANTS OF HEALTH. (a) Data Collection To Address Demographic Data Gaps.-- (1) In general.--The Secretary shall require laboratories that are subject to the reporting requirements under section 18115(a) of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-136), to include with reports made under such section 18115(a) information to enhance such existing COVID-19 data collection activities and to advance policies to address social determinants of health, including additional identifiers, such as those identified by the Commissioner, including building on guidance existing on the date of enactment of this Act, for the collection of race and ethnicity data in clinical trials, as determined appropriate by the Secretary. (2) Additional use of data.--The data collected under paragraph (1) may be used to inform-- (A) clinical trial recruitment; (B) resource allocations; (C) treatment strategies; and (D) other public health activities. (3) Collection via grants or contracts.-- (A) In general.--The Secretary may issue grants to, and enter into contracts with, States, local public health departments, or other entities supplying data to the Secretary as required under this subsection, to support the activities under this subsection. (B) Guidance for use of funds.--In issuing grants or contracts under subparagraph (A), the Secretary may issue guidance regarding best practices for collecting data pursuant to paragraph (1) and track the performance of entities receiving grants or contracts. (4) Use and disclosure for public health activities.--The submission and use of data collected pursuant to this subsection shall be considered a permitted disclosure and use for public health activities as set forth in section 164.512(b)(1)(i) of 45, Code of Federal Regulations (or any successor regulations). (b) Data Collection Regarding Enhanced Risk for COVID-19.--The Secretary shall-- (1) conduct a study on best practices for laboratories that are subject to the reporting requirements under section 18115(a) of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-136) to aid such laboratories in collecting data elements related to enhanced risk for COVID-19, such as data, with respect to a patient, regarding income, education, employment, disability, community resources, and social support; (2) consider which governmental entities (including Federal, State, and local governmental entities) would be best suited to aiding in collecting such data elements in coordination with such laboratories; and (3) issue guidance on such best practices. SEC. 5. CLARIFICATION THAT CERTAIN REMUNERATION RELATED TO PARTICIPATION IN CLINICAL TRIALS DOES NOT CONSTITUTE REMUNERATION UNDER THE FEDERAL CIVIL MONEY PENALTIES LAW. (a) In General.--Section 1128A(i)(6)(F) of the Social Security Act (42 U.S.C. 1320a-7a(i)(6)(F)) is amended by inserting ``(including remuneration offered or transferred to an individual to promote the participation in an approved clinical trial, as defined in subsection (d) of the first section 2709 of the Public Health Service Act, that is registered with the database of clinical trials maintained by the National Library of Medicine (or any successor database), so long as such remuneration facilitates equitable inclusion of patients from all relevant demographic and socioeconomic populations and is related to patient participation in the approved clinical trial)'' after ``promotes access to care''. (b) Effective Date.--The amendment made by subsection (a) shall apply to remuneration provided on or after the date of the enactment of this Act. SEC. 6. NATIONAL ACADEMY OF MEDICINE STUDY. (a) In General.--The Secretary shall enter into an arrangement with the National Academy of Medicine under which the National Academy agrees to study and propose a design for a national interoperable data platform to improve access to health data, and other relevant data needs, during public health emergencies. (b) Report.--The arrangement under subsection (a) shall provide for submission by the National Academy of Medicine to the Secretary and Congress, not later than 120 days after the date of enactment of this Act, of a report on the results of the study under subsection (a) and the design proposed based on such study. <all>

DIVERSE Trials Act

A bill to improve diversity in clinical trials and data collection for COVID-19 and future public health threats to address social determinants of health.

DIVERSE Trials Act Diversifying Investigations Via Equitable Research Studies for Everyone Trials Act

Sen. Menendez, Robert

D

NJ

This bill requires activities to increase diversity in clinical trials. It also expands reporting by laboratories that test for and diagnose COVID-19 and requires a study on data collection and data sharing during public health emergencies. Specifically, the Food and Drug Administration (FDA) must issue guidance on decentralized clinical trials to promote meaningful demographic and geographic diversity in patient engagement, enrollment, and participation. Decentralized clinical trials include those executed through telemedicine or other digital technologies to allow for the remote collection and assessment of clinical trial data. The FDA may also work with foreign regulators to harmonize international regulations governing decentralized clinical trials and the use of digital health technology. In addition, the Department of Health and Human Services (HHS) may support community education, outreach, and recruitment activities for clinical trials of treatments for conditions that disproportionately impact populations underrepresented in clinical trials. The bill also specifies that drug or device manufacturers may provide, subject to some limits, free digital health technologies and other remuneration to patients in approved clinical trials without violating laws that address fraud and abuse in federal programs. Furthermore, laboratories that test for and diagnose COVID-19 must report additional demographic data, including information about social determinants of health. HHS must also contract with the National Academy of Medicine to study and propose a design for an interoperable platform to facilitate data sharing during public health emergencies.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. GUIDANCE ON DECENTRALIZED CLINICAL TRIALS. (2) Recommendations for-- (A) protocol design approaches; (B) appropriate clinical endpoints; (C) institutional review board composition and ensuring that such boards include members with expertise in decentralized clinical trials; (D) delegation of clinical research organization responsibilities and suitable proxies for clinical research organizations; and (E) simplifying informed consent. (3) Recommendations for how digital health technology or other remote assessment options, such as telemedicine, could support decentralized clinical trials, including guidance on appropriate technological platforms and mediums, data collection and use, data integrity, and communication to study participants through digital technology. (d) International Harmonization.--After issuing the final guidance under subsection (b), the Secretary, acting through the Commissioner, may work with foreign regulators pursuant to existing memoranda of understanding governing exchange of information to facilitate international harmonization of the regulation of decentralized clinical trials and use of digital health technology or other remote assessment options. 3. ENCOURAGEMENT OF CLINICAL TRIAL ENROLLMENT BY RACIALLY AND ETHNICALLY DIVERSE POPULATIONS. 1320a-7a), section 1128B of the Social Security Act (42 U.S.C. (b) Grants and Contracts.-- (1) In general.--The Secretary may issue grants to and enter into contracts with entities to support community education, outreach, and recruitment activities for clinical trials with respect to drugs, including vaccines for diseases or conditions which have a disproportionate impact on underrepresented populations (including on racial and ethnic minority populations), including for the diagnosis, prevention, or treatment of COVID-19. (3) Authorization of appropriations.--There is authorized to be appropriated for fiscal years 2020 and 2021 such sums as may be necessary to carry out this subsection. 4. ENHANCEMENT OF COVID-19 DATA COLLECTION TO ADDRESS DEMOGRAPHIC DATA GAPS AND SOCIAL DETERMINANTS OF HEALTH. (b) Data Collection Regarding Enhanced Risk for COVID-19.--The Secretary shall-- (1) conduct a study on best practices for laboratories that are subject to the reporting requirements under section 18115(a) of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-136) to aid such laboratories in collecting data elements related to enhanced risk for COVID-19, such as data, with respect to a patient, regarding income, education, employment, disability, community resources, and social support; (2) consider which governmental entities (including Federal, State, and local governmental entities) would be best suited to aiding in collecting such data elements in coordination with such laboratories; and (3) issue guidance on such best practices. 5. CLARIFICATION THAT CERTAIN REMUNERATION RELATED TO PARTICIPATION IN CLINICAL TRIALS DOES NOT CONSTITUTE REMUNERATION UNDER THE FEDERAL CIVIL MONEY PENALTIES LAW. (b) Effective Date.--The amendment made by subsection (a) shall apply to remuneration provided on or after the date of the enactment of this Act. SEC. 6. NATIONAL ACADEMY OF MEDICINE STUDY.

SHORT TITLE. 2. GUIDANCE ON DECENTRALIZED CLINICAL TRIALS. (2) Recommendations for-- (A) protocol design approaches; (B) appropriate clinical endpoints; (C) institutional review board composition and ensuring that such boards include members with expertise in decentralized clinical trials; (D) delegation of clinical research organization responsibilities and suitable proxies for clinical research organizations; and (E) simplifying informed consent. (3) Recommendations for how digital health technology or other remote assessment options, such as telemedicine, could support decentralized clinical trials, including guidance on appropriate technological platforms and mediums, data collection and use, data integrity, and communication to study participants through digital technology. 3. 1320a-7a), section 1128B of the Social Security Act (42 U.S.C. (b) Grants and Contracts.-- (1) In general.--The Secretary may issue grants to and enter into contracts with entities to support community education, outreach, and recruitment activities for clinical trials with respect to drugs, including vaccines for diseases or conditions which have a disproportionate impact on underrepresented populations (including on racial and ethnic minority populations), including for the diagnosis, prevention, or treatment of COVID-19. 4. ENHANCEMENT OF COVID-19 DATA COLLECTION TO ADDRESS DEMOGRAPHIC DATA GAPS AND SOCIAL DETERMINANTS OF HEALTH. (b) Data Collection Regarding Enhanced Risk for COVID-19.--The Secretary shall-- (1) conduct a study on best practices for laboratories that are subject to the reporting requirements under section 18115(a) of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-136) to aid such laboratories in collecting data elements related to enhanced risk for COVID-19, such as data, with respect to a patient, regarding income, education, employment, disability, community resources, and social support; (2) consider which governmental entities (including Federal, State, and local governmental entities) would be best suited to aiding in collecting such data elements in coordination with such laboratories; and (3) issue guidance on such best practices. 5. CLARIFICATION THAT CERTAIN REMUNERATION RELATED TO PARTICIPATION IN CLINICAL TRIALS DOES NOT CONSTITUTE REMUNERATION UNDER THE FEDERAL CIVIL MONEY PENALTIES LAW. (b) Effective Date.--The amendment made by subsection (a) shall apply to remuneration provided on or after the date of the enactment of this Act. SEC. 6. NATIONAL ACADEMY OF MEDICINE STUDY.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. GUIDANCE ON DECENTRALIZED CLINICAL TRIALS. (c) Content of Guidance.--The guidance under subsection (b) shall address the following: (1) Strategies to engage with prospective clinical trial participants and community partners, such as patient advocacy groups with diverse representation, to incorporate input of such patients and partners into the design of decentralized clinical trials. (2) Recommendations for-- (A) protocol design approaches; (B) appropriate clinical endpoints; (C) institutional review board composition and ensuring that such boards include members with expertise in decentralized clinical trials; (D) delegation of clinical research organization responsibilities and suitable proxies for clinical research organizations; and (E) simplifying informed consent. (3) Recommendations for how digital health technology or other remote assessment options, such as telemedicine, could support decentralized clinical trials, including guidance on appropriate technological platforms and mediums, data collection and use, data integrity, and communication to study participants through digital technology. (5) Information regarding when and how a study sponsor may solicit a meeting with the Secretary regarding the issues described in paragraphs (1) through (4). (d) International Harmonization.--After issuing the final guidance under subsection (b), the Secretary, acting through the Commissioner, may work with foreign regulators pursuant to existing memoranda of understanding governing exchange of information to facilitate international harmonization of the regulation of decentralized clinical trials and use of digital health technology or other remote assessment options. 3. ENCOURAGEMENT OF CLINICAL TRIAL ENROLLMENT BY RACIALLY AND ETHNICALLY DIVERSE POPULATIONS. (a) No Cost Provision of Digital Health Technologies.--The free provision of digital health technologies by drug or device manufacturers to their clinical trial participants shall not be considered a violation of section 1128A of the Social Security Act (commonly known as the ``Civil Monetary Penalties Law'') (42 U.S.C. 1320a-7a), section 1128B of the Social Security Act (42 U.S.C. (b) Grants and Contracts.-- (1) In general.--The Secretary may issue grants to and enter into contracts with entities to support community education, outreach, and recruitment activities for clinical trials with respect to drugs, including vaccines for diseases or conditions which have a disproportionate impact on underrepresented populations (including on racial and ethnic minority populations), including for the diagnosis, prevention, or treatment of COVID-19. (3) Authorization of appropriations.--There is authorized to be appropriated for fiscal years 2020 and 2021 such sums as may be necessary to carry out this subsection. 4. ENHANCEMENT OF COVID-19 DATA COLLECTION TO ADDRESS DEMOGRAPHIC DATA GAPS AND SOCIAL DETERMINANTS OF HEALTH. (b) Data Collection Regarding Enhanced Risk for COVID-19.--The Secretary shall-- (1) conduct a study on best practices for laboratories that are subject to the reporting requirements under section 18115(a) of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-136) to aid such laboratories in collecting data elements related to enhanced risk for COVID-19, such as data, with respect to a patient, regarding income, education, employment, disability, community resources, and social support; (2) consider which governmental entities (including Federal, State, and local governmental entities) would be best suited to aiding in collecting such data elements in coordination with such laboratories; and (3) issue guidance on such best practices. 5. CLARIFICATION THAT CERTAIN REMUNERATION RELATED TO PARTICIPATION IN CLINICAL TRIALS DOES NOT CONSTITUTE REMUNERATION UNDER THE FEDERAL CIVIL MONEY PENALTIES LAW. 1320a-7a(i)(6)(F)) is amended by inserting ``(including remuneration offered or transferred to an individual to promote the participation in an approved clinical trial, as defined in subsection (d) of the first section 2709 of the Public Health Service Act, that is registered with the database of clinical trials maintained by the National Library of Medicine (or any successor database), so long as such remuneration facilitates equitable inclusion of patients from all relevant demographic and socioeconomic populations and is related to patient participation in the approved clinical trial)'' after ``promotes access to care''. (b) Effective Date.--The amendment made by subsection (a) shall apply to remuneration provided on or after the date of the enactment of this Act. SEC. 6. NATIONAL ACADEMY OF MEDICINE STUDY. (b) Report.--The arrangement under subsection (a) shall provide for submission by the National Academy of Medicine to the Secretary and Congress, not later than 120 days after the date of enactment of this Act, of a report on the results of the study under subsection (a) and the design proposed based on such study.

To improve diversity in clinical trials and data collection for COVID- 19 and future public health threats to address social determinants of health. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Diversifying Investigations Via Equitable Research Studies for Everyone Trials Act'' or the ``DIVERSE Trials Act''. 2. GUIDANCE ON DECENTRALIZED CLINICAL TRIALS. Not later than 6 months after the date the public comment period for the draft guidance ends, the Secretary shall issue a final guidance. (c) Content of Guidance.--The guidance under subsection (b) shall address the following: (1) Strategies to engage with prospective clinical trial participants and community partners, such as patient advocacy groups with diverse representation, to incorporate input of such patients and partners into the design of decentralized clinical trials. (2) Recommendations for-- (A) protocol design approaches; (B) appropriate clinical endpoints; (C) institutional review board composition and ensuring that such boards include members with expertise in decentralized clinical trials; (D) delegation of clinical research organization responsibilities and suitable proxies for clinical research organizations; and (E) simplifying informed consent. (3) Recommendations for how digital health technology or other remote assessment options, such as telemedicine, could support decentralized clinical trials, including guidance on appropriate technological platforms and mediums, data collection and use, data integrity, and communication to study participants through digital technology. (5) Information regarding when and how a study sponsor may solicit a meeting with the Secretary regarding the issues described in paragraphs (1) through (4). (d) International Harmonization.--After issuing the final guidance under subsection (b), the Secretary, acting through the Commissioner, may work with foreign regulators pursuant to existing memoranda of understanding governing exchange of information to facilitate international harmonization of the regulation of decentralized clinical trials and use of digital health technology or other remote assessment options. 3. ENCOURAGEMENT OF CLINICAL TRIAL ENROLLMENT BY RACIALLY AND ETHNICALLY DIVERSE POPULATIONS. (a) No Cost Provision of Digital Health Technologies.--The free provision of digital health technologies by drug or device manufacturers to their clinical trial participants shall not be considered a violation of section 1128A of the Social Security Act (commonly known as the ``Civil Monetary Penalties Law'') (42 U.S.C. 1320a-7a), section 1128B of the Social Security Act (42 U.S.C. (b) Grants and Contracts.-- (1) In general.--The Secretary may issue grants to and enter into contracts with entities to support community education, outreach, and recruitment activities for clinical trials with respect to drugs, including vaccines for diseases or conditions which have a disproportionate impact on underrepresented populations (including on racial and ethnic minority populations), including for the diagnosis, prevention, or treatment of COVID-19. Such activities may include-- (A) working with community clinical trial sites, including community health centers, academic health centers, and other facilities; (B) training health care personnel including potential clinical trial investigators, with a focus on significantly increasing the number of underrepresented racial and ethnic minority healthcare personnel who are clinical trial investigators at the community sites for ongoing clinical trials; (C) engaging community stakeholders to encourage participation in clinical trials, especially in underrepresented racial and ethnic minority communities; and (D) fostering partnerships with community-based organizations serving underrepresented racial and ethnical minority populations, including employee unions and frontline health care workers. (3) Authorization of appropriations.--There is authorized to be appropriated for fiscal years 2020 and 2021 such sums as may be necessary to carry out this subsection. 4. ENHANCEMENT OF COVID-19 DATA COLLECTION TO ADDRESS DEMOGRAPHIC DATA GAPS AND SOCIAL DETERMINANTS OF HEALTH. (4) Use and disclosure for public health activities.--The submission and use of data collected pursuant to this subsection shall be considered a permitted disclosure and use for public health activities as set forth in section 164.512(b)(1)(i) of 45, Code of Federal Regulations (or any successor regulations). (b) Data Collection Regarding Enhanced Risk for COVID-19.--The Secretary shall-- (1) conduct a study on best practices for laboratories that are subject to the reporting requirements under section 18115(a) of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-136) to aid such laboratories in collecting data elements related to enhanced risk for COVID-19, such as data, with respect to a patient, regarding income, education, employment, disability, community resources, and social support; (2) consider which governmental entities (including Federal, State, and local governmental entities) would be best suited to aiding in collecting such data elements in coordination with such laboratories; and (3) issue guidance on such best practices. 5. CLARIFICATION THAT CERTAIN REMUNERATION RELATED TO PARTICIPATION IN CLINICAL TRIALS DOES NOT CONSTITUTE REMUNERATION UNDER THE FEDERAL CIVIL MONEY PENALTIES LAW. 1320a-7a(i)(6)(F)) is amended by inserting ``(including remuneration offered or transferred to an individual to promote the participation in an approved clinical trial, as defined in subsection (d) of the first section 2709 of the Public Health Service Act, that is registered with the database of clinical trials maintained by the National Library of Medicine (or any successor database), so long as such remuneration facilitates equitable inclusion of patients from all relevant demographic and socioeconomic populations and is related to patient participation in the approved clinical trial)'' after ``promotes access to care''. (b) Effective Date.--The amendment made by subsection (a) shall apply to remuneration provided on or after the date of the enactment of this Act. SEC. 6. NATIONAL ACADEMY OF MEDICINE STUDY. (b) Report.--The arrangement under subsection (a) shall provide for submission by the National Academy of Medicine to the Secretary and Congress, not later than 120 days after the date of enactment of this Act, of a report on the results of the study under subsection (a) and the design proposed based on such study.

To improve diversity in clinical trials and data collection for COVID- 19 and future public health threats to address social determinants of health. Not later than 6 months after the date the public comment period for the draft guidance ends, the Secretary shall issue a final guidance. (c) Content of Guidance.--The guidance under subsection (b) shall address the following: (1) Strategies to engage with prospective clinical trial participants and community partners, such as patient advocacy groups with diverse representation, to incorporate input of such patients and partners into the design of decentralized clinical trials. ( 4) Recommendations for appropriate methods of patient recruitment and retention, including institutional review board oversight, patient communication, and the role of study participants and community partners as advocates to facilitate clinical trial recruitment, particularly with respect to underrepresented populations. ( (d) International Harmonization.--After issuing the final guidance under subsection (b), the Secretary, acting through the Commissioner, may work with foreign regulators pursuant to existing memoranda of understanding governing exchange of information to facilitate international harmonization of the regulation of decentralized clinical trials and use of digital health technology or other remote assessment options. ENCOURAGEMENT OF CLINICAL TRIAL ENROLLMENT BY RACIALLY AND ETHNICALLY DIVERSE POPULATIONS. ( b) Grants and Contracts.-- (1) In general.--The Secretary may issue grants to and enter into contracts with entities to support community education, outreach, and recruitment activities for clinical trials with respect to drugs, including vaccines for diseases or conditions which have a disproportionate impact on underrepresented populations (including on racial and ethnic minority populations), including for the diagnosis, prevention, or treatment of COVID-19. 2) Priority for grant and contract awards.--In awarding grants and contracts under this subsection, the Secretary shall prioritize entities that-- (A) develop educational, recruitment, and training materials in multiple languages; or (B) undertake clinical trial outreach efforts in more diverse racial and ethnic communities that are traditionally underrepresented in clinical trials, such as tribal areas. ( 3) Authorization of appropriations.--There is authorized to be appropriated for fiscal years 2020 and 2021 such sums as may be necessary to carry out this subsection. 2) Additional use of data.--The data collected under paragraph (1) may be used to inform-- (A) clinical trial recruitment; (B) resource allocations; (C) treatment strategies; and (D) other public health activities. ( 3) Collection via grants or contracts.-- (A) In general.--The Secretary may issue grants to, and enter into contracts with, States, local public health departments, or other entities supplying data to the Secretary as required under this subsection, to support the activities under this subsection. ( (4) Use and disclosure for public health activities.--The submission and use of data collected pursuant to this subsection shall be considered a permitted disclosure and use for public health activities as set forth in section 164.512(b)(1)(i) of 45, Code of Federal Regulations (or any successor regulations). ( CLARIFICATION THAT CERTAIN REMUNERATION RELATED TO PARTICIPATION IN CLINICAL TRIALS DOES NOT CONSTITUTE REMUNERATION UNDER THE FEDERAL CIVIL MONEY PENALTIES LAW. ( b) Effective Date.--The amendment made by subsection (a) shall apply to remuneration provided on or after the date of the enactment of this Act. a) In General.--The Secretary shall enter into an arrangement with the National Academy of Medicine under which the National Academy agrees to study and propose a design for a national interoperable data platform to improve access to health data, and other relevant data needs, during public health emergencies. (

To improve diversity in clinical trials and data collection for COVID- 19 and future public health threats to address social determinants of health. c) Content of Guidance.--The guidance under subsection (b) shall address the following: (1) Strategies to engage with prospective clinical trial participants and community partners, such as patient advocacy groups with diverse representation, to incorporate input of such patients and partners into the design of decentralized clinical trials. ( (3) Recommendations for how digital health technology or other remote assessment options, such as telemedicine, could support decentralized clinical trials, including guidance on appropriate technological platforms and mediums, data collection and use, data integrity, and communication to study participants through digital technology. ( d) International Harmonization.--After issuing the final guidance under subsection (b), the Secretary, acting through the Commissioner, may work with foreign regulators pursuant to existing memoranda of understanding governing exchange of information to facilitate international harmonization of the regulation of decentralized clinical trials and use of digital health technology or other remote assessment options. (b) Grants and Contracts.-- (1) In general.--The Secretary may issue grants to and enter into contracts with entities to support community education, outreach, and recruitment activities for clinical trials with respect to drugs, including vaccines for diseases or conditions which have a disproportionate impact on underrepresented populations (including on racial and ethnic minority populations), including for the diagnosis, prevention, or treatment of COVID-19. 2) Priority for grant and contract awards.--In awarding grants and contracts under this subsection, the Secretary shall prioritize entities that-- (A) develop educational, recruitment, and training materials in multiple languages; or (B) undertake clinical trial outreach efforts in more diverse racial and ethnic communities that are traditionally underrepresented in clinical trials, such as tribal areas. ( 2) Additional use of data.--The data collected under paragraph (1) may be used to inform-- (A) clinical trial recruitment; (B) resource allocations; (C) treatment strategies; and (D) other public health activities. ( B) Guidance for use of funds.--In issuing grants or contracts under subparagraph (A), the Secretary may issue guidance regarding best practices for collecting data pursuant to paragraph (1) and track the performance of entities receiving grants or contracts. ( CLARIFICATION THAT CERTAIN REMUNERATION RELATED TO PARTICIPATION IN CLINICAL TRIALS DOES NOT CONSTITUTE REMUNERATION UNDER THE FEDERAL CIVIL MONEY PENALTIES LAW. ( a) In General.--The Secretary shall enter into an arrangement with the National Academy of Medicine under which the National Academy agrees to study and propose a design for a national interoperable data platform to improve access to health data, and other relevant data needs, during public health emergencies. (b) Report.--The arrangement under subsection (a) shall provide for submission by the National Academy of Medicine to the Secretary and Congress, not later than 120 days after the date of enactment of this Act, of a report on the results of the study under subsection (a) and the design proposed based on such study.

To improve diversity in clinical trials and data collection for COVID- 19 and future public health threats to address social determinants of health. c) Content of Guidance.--The guidance under subsection (b) shall address the following: (1) Strategies to engage with prospective clinical trial participants and community partners, such as patient advocacy groups with diverse representation, to incorporate input of such patients and partners into the design of decentralized clinical trials. ( (3) Recommendations for how digital health technology or other remote assessment options, such as telemedicine, could support decentralized clinical trials, including guidance on appropriate technological platforms and mediums, data collection and use, data integrity, and communication to study participants through digital technology. ( d) International Harmonization.--After issuing the final guidance under subsection (b), the Secretary, acting through the Commissioner, may work with foreign regulators pursuant to existing memoranda of understanding governing exchange of information to facilitate international harmonization of the regulation of decentralized clinical trials and use of digital health technology or other remote assessment options. (b) Grants and Contracts.-- (1) In general.--The Secretary may issue grants to and enter into contracts with entities to support community education, outreach, and recruitment activities for clinical trials with respect to drugs, including vaccines for diseases or conditions which have a disproportionate impact on underrepresented populations (including on racial and ethnic minority populations), including for the diagnosis, prevention, or treatment of COVID-19. 2) Priority for grant and contract awards.--In awarding grants and contracts under this subsection, the Secretary shall prioritize entities that-- (A) develop educational, recruitment, and training materials in multiple languages; or (B) undertake clinical trial outreach efforts in more diverse racial and ethnic communities that are traditionally underrepresented in clinical trials, such as tribal areas. ( 2) Additional use of data.--The data collected under paragraph (1) may be used to inform-- (A) clinical trial recruitment; (B) resource allocations; (C) treatment strategies; and (D) other public health activities. ( B) Guidance for use of funds.--In issuing grants or contracts under subparagraph (A), the Secretary may issue guidance regarding best practices for collecting data pursuant to paragraph (1) and track the performance of entities receiving grants or contracts. ( CLARIFICATION THAT CERTAIN REMUNERATION RELATED TO PARTICIPATION IN CLINICAL TRIALS DOES NOT CONSTITUTE REMUNERATION UNDER THE FEDERAL CIVIL MONEY PENALTIES LAW. ( a) In General.--The Secretary shall enter into an arrangement with the National Academy of Medicine under which the National Academy agrees to study and propose a design for a national interoperable data platform to improve access to health data, and other relevant data needs, during public health emergencies. (b) Report.--The arrangement under subsection (a) shall provide for submission by the National Academy of Medicine to the Secretary and Congress, not later than 120 days after the date of enactment of this Act, of a report on the results of the study under subsection (a) and the design proposed based on such study.

To improve diversity in clinical trials and data collection for COVID- 19 and future public health threats to address social determinants of health. Not later than 6 months after the date the public comment period for the draft guidance ends, the Secretary shall issue a final guidance. (c) Content of Guidance.--The guidance under subsection (b) shall address the following: (1) Strategies to engage with prospective clinical trial participants and community partners, such as patient advocacy groups with diverse representation, to incorporate input of such patients and partners into the design of decentralized clinical trials. ( 4) Recommendations for appropriate methods of patient recruitment and retention, including institutional review board oversight, patient communication, and the role of study participants and community partners as advocates to facilitate clinical trial recruitment, particularly with respect to underrepresented populations. ( (d) International Harmonization.--After issuing the final guidance under subsection (b), the Secretary, acting through the Commissioner, may work with foreign regulators pursuant to existing memoranda of understanding governing exchange of information to facilitate international harmonization of the regulation of decentralized clinical trials and use of digital health technology or other remote assessment options. ENCOURAGEMENT OF CLINICAL TRIAL ENROLLMENT BY RACIALLY AND ETHNICALLY DIVERSE POPULATIONS. ( b) Grants and Contracts.-- (1) In general.--The Secretary may issue grants to and enter into contracts with entities to support community education, outreach, and recruitment activities for clinical trials with respect to drugs, including vaccines for diseases or conditions which have a disproportionate impact on underrepresented populations (including on racial and ethnic minority populations), including for the diagnosis, prevention, or treatment of COVID-19. 2) Priority for grant and contract awards.--In awarding grants and contracts under this subsection, the Secretary shall prioritize entities that-- (A) develop educational, recruitment, and training materials in multiple languages; or (B) undertake clinical trial outreach efforts in more diverse racial and ethnic communities that are traditionally underrepresented in clinical trials, such as tribal areas. ( 3) Authorization of appropriations.--There is authorized to be appropriated for fiscal years 2020 and 2021 such sums as may be necessary to carry out this subsection. 2) Additional use of data.--The data collected under paragraph (1) may be used to inform-- (A) clinical trial recruitment; (B) resource allocations; (C) treatment strategies; and (D) other public health activities. ( 3) Collection via grants or contracts.-- (A) In general.--The Secretary may issue grants to, and enter into contracts with, States, local public health departments, or other entities supplying data to the Secretary as required under this subsection, to support the activities under this subsection. ( (4) Use and disclosure for public health activities.--The submission and use of data collected pursuant to this subsection shall be considered a permitted disclosure and use for public health activities as set forth in section 164.512(b)(1)(i) of 45, Code of Federal Regulations (or any successor regulations). ( CLARIFICATION THAT CERTAIN REMUNERATION RELATED TO PARTICIPATION IN CLINICAL TRIALS DOES NOT CONSTITUTE REMUNERATION UNDER THE FEDERAL CIVIL MONEY PENALTIES LAW. ( b) Effective Date.--The amendment made by subsection (a) shall apply to remuneration provided on or after the date of the enactment of this Act. a) In General.--The Secretary shall enter into an arrangement with the National Academy of Medicine under which the National Academy agrees to study and propose a design for a national interoperable data platform to improve access to health data, and other relevant data needs, during public health emergencies. (

To improve diversity in clinical trials and data collection for COVID- 19 and future public health threats to address social determinants of health. c) Content of Guidance.--The guidance under subsection (b) shall address the following: (1) Strategies to engage with prospective clinical trial participants and community partners, such as patient advocacy groups with diverse representation, to incorporate input of such patients and partners into the design of decentralized clinical trials. ( (3) Recommendations for how digital health technology or other remote assessment options, such as telemedicine, could support decentralized clinical trials, including guidance on appropriate technological platforms and mediums, data collection and use, data integrity, and communication to study participants through digital technology. ( d) International Harmonization.--After issuing the final guidance under subsection (b), the Secretary, acting through the Commissioner, may work with foreign regulators pursuant to existing memoranda of understanding governing exchange of information to facilitate international harmonization of the regulation of decentralized clinical trials and use of digital health technology or other remote assessment options. (b) Grants and Contracts.-- (1) In general.--The Secretary may issue grants to and enter into contracts with entities to support community education, outreach, and recruitment activities for clinical trials with respect to drugs, including vaccines for diseases or conditions which have a disproportionate impact on underrepresented populations (including on racial and ethnic minority populations), including for the diagnosis, prevention, or treatment of COVID-19. 2) Priority for grant and contract awards.--In awarding grants and contracts under this subsection, the Secretary shall prioritize entities that-- (A) develop educational, recruitment, and training materials in multiple languages; or (B) undertake clinical trial outreach efforts in more diverse racial and ethnic communities that are traditionally underrepresented in clinical trials, such as tribal areas. ( 2) Additional use of data.--The data collected under paragraph (1) may be used to inform-- (A) clinical trial recruitment; (B) resource allocations; (C) treatment strategies; and (D) other public health activities. ( B) Guidance for use of funds.--In issuing grants or contracts under subparagraph (A), the Secretary may issue guidance regarding best practices for collecting data pursuant to paragraph (1) and track the performance of entities receiving grants or contracts. ( CLARIFICATION THAT CERTAIN REMUNERATION RELATED TO PARTICIPATION IN CLINICAL TRIALS DOES NOT CONSTITUTE REMUNERATION UNDER THE FEDERAL CIVIL MONEY PENALTIES LAW. ( a) In General.--The Secretary shall enter into an arrangement with the National Academy of Medicine under which the National Academy agrees to study and propose a design for a national interoperable data platform to improve access to health data, and other relevant data needs, during public health emergencies. (b) Report.--The arrangement under subsection (a) shall provide for submission by the National Academy of Medicine to the Secretary and Congress, not later than 120 days after the date of enactment of this Act, of a report on the results of the study under subsection (a) and the design proposed based on such study.

To improve diversity in clinical trials and data collection for COVID- 19 and future public health threats to address social determinants of health. Not later than 6 months after the date the public comment period for the draft guidance ends, the Secretary shall issue a final guidance. (c) Content of Guidance.--The guidance under subsection (b) shall address the following: (1) Strategies to engage with prospective clinical trial participants and community partners, such as patient advocacy groups with diverse representation, to incorporate input of such patients and partners into the design of decentralized clinical trials. ( 4) Recommendations for appropriate methods of patient recruitment and retention, including institutional review board oversight, patient communication, and the role of study participants and community partners as advocates to facilitate clinical trial recruitment, particularly with respect to underrepresented populations. ( (d) International Harmonization.--After issuing the final guidance under subsection (b), the Secretary, acting through the Commissioner, may work with foreign regulators pursuant to existing memoranda of understanding governing exchange of information to facilitate international harmonization of the regulation of decentralized clinical trials and use of digital health technology or other remote assessment options. ENCOURAGEMENT OF CLINICAL TRIAL ENROLLMENT BY RACIALLY AND ETHNICALLY DIVERSE POPULATIONS. ( b) Grants and Contracts.-- (1) In general.--The Secretary may issue grants to and enter into contracts with entities to support community education, outreach, and recruitment activities for clinical trials with respect to drugs, including vaccines for diseases or conditions which have a disproportionate impact on underrepresented populations (including on racial and ethnic minority populations), including for the diagnosis, prevention, or treatment of COVID-19. 2) Priority for grant and contract awards.--In awarding grants and contracts under this subsection, the Secretary shall prioritize entities that-- (A) develop educational, recruitment, and training materials in multiple languages; or (B) undertake clinical trial outreach efforts in more diverse racial and ethnic communities that are traditionally underrepresented in clinical trials, such as tribal areas. ( 3) Authorization of appropriations.--There is authorized to be appropriated for fiscal years 2020 and 2021 such sums as may be necessary to carry out this subsection. 2) Additional use of data.--The data collected under paragraph (1) may be used to inform-- (A) clinical trial recruitment; (B) resource allocations; (C) treatment strategies; and (D) other public health activities. ( 3) Collection via grants or contracts.-- (A) In general.--The Secretary may issue grants to, and enter into contracts with, States, local public health departments, or other entities supplying data to the Secretary as required under this subsection, to support the activities under this subsection. ( (4) Use and disclosure for public health activities.--The submission and use of data collected pursuant to this subsection shall be considered a permitted disclosure and use for public health activities as set forth in section 164.512(b)(1)(i) of 45, Code of Federal Regulations (or any successor regulations). ( CLARIFICATION THAT CERTAIN REMUNERATION RELATED TO PARTICIPATION IN CLINICAL TRIALS DOES NOT CONSTITUTE REMUNERATION UNDER THE FEDERAL CIVIL MONEY PENALTIES LAW. ( b) Effective Date.--The amendment made by subsection (a) shall apply to remuneration provided on or after the date of the enactment of this Act. a) In General.--The Secretary shall enter into an arrangement with the National Academy of Medicine under which the National Academy agrees to study and propose a design for a national interoperable data platform to improve access to health data, and other relevant data needs, during public health emergencies. (

To improve diversity in clinical trials and data collection for COVID- 19 and future public health threats to address social determinants of health. c) Content of Guidance.--The guidance under subsection (b) shall address the following: (1) Strategies to engage with prospective clinical trial participants and community partners, such as patient advocacy groups with diverse representation, to incorporate input of such patients and partners into the design of decentralized clinical trials. ( (3) Recommendations for how digital health technology or other remote assessment options, such as telemedicine, could support decentralized clinical trials, including guidance on appropriate technological platforms and mediums, data collection and use, data integrity, and communication to study participants through digital technology. ( d) International Harmonization.--After issuing the final guidance under subsection (b), the Secretary, acting through the Commissioner, may work with foreign regulators pursuant to existing memoranda of understanding governing exchange of information to facilitate international harmonization of the regulation of decentralized clinical trials and use of digital health technology or other remote assessment options. (b) Grants and Contracts.-- (1) In general.--The Secretary may issue grants to and enter into contracts with entities to support community education, outreach, and recruitment activities for clinical trials with respect to drugs, including vaccines for diseases or conditions which have a disproportionate impact on underrepresented populations (including on racial and ethnic minority populations), including for the diagnosis, prevention, or treatment of COVID-19. 2) Priority for grant and contract awards.--In awarding grants and contracts under this subsection, the Secretary shall prioritize entities that-- (A) develop educational, recruitment, and training materials in multiple languages; or (B) undertake clinical trial outreach efforts in more diverse racial and ethnic communities that are traditionally underrepresented in clinical trials, such as tribal areas. ( 2) Additional use of data.--The data collected under paragraph (1) may be used to inform-- (A) clinical trial recruitment; (B) resource allocations; (C) treatment strategies; and (D) other public health activities. ( B) Guidance for use of funds.--In issuing grants or contracts under subparagraph (A), the Secretary may issue guidance regarding best practices for collecting data pursuant to paragraph (1) and track the performance of entities receiving grants or contracts. ( CLARIFICATION THAT CERTAIN REMUNERATION RELATED TO PARTICIPATION IN CLINICAL TRIALS DOES NOT CONSTITUTE REMUNERATION UNDER THE FEDERAL CIVIL MONEY PENALTIES LAW. ( a) In General.--The Secretary shall enter into an arrangement with the National Academy of Medicine under which the National Academy agrees to study and propose a design for a national interoperable data platform to improve access to health data, and other relevant data needs, during public health emergencies. (b) Report.--The arrangement under subsection (a) shall provide for submission by the National Academy of Medicine to the Secretary and Congress, not later than 120 days after the date of enactment of this Act, of a report on the results of the study under subsection (a) and the design proposed based on such study.

To improve diversity in clinical trials and data collection for COVID- 19 and future public health threats to address social determinants of health. c) Content of Guidance.--The guidance under subsection (b) shall address the following: (1) Strategies to engage with prospective clinical trial participants and community partners, such as patient advocacy groups with diverse representation, to incorporate input of such patients and partners into the design of decentralized clinical trials. ( ( b) Grants and Contracts.-- (1) In general.--The Secretary may issue grants to and enter into contracts with entities to support community education, outreach, and recruitment activities for clinical trials with respect to drugs, including vaccines for diseases or conditions which have a disproportionate impact on underrepresented populations (including on racial and ethnic minority populations), including for the diagnosis, prevention, or treatment of COVID-19. 3) Collection via grants or contracts.-- (A) In general.--The Secretary may issue grants to, and enter into contracts with, States, local public health departments, or other entities supplying data to the Secretary as required under this subsection, to support the activities under this subsection. ( (4) Use and disclosure for public health activities.--The submission and use of data collected pursuant to this subsection shall be considered a permitted disclosure and use for public health activities as set forth in section 164.512(b)(1)(i) of 45, Code of Federal Regulations (or any successor regulations). ( CLARIFICATION THAT CERTAIN REMUNERATION RELATED TO PARTICIPATION IN CLINICAL TRIALS DOES NOT CONSTITUTE REMUNERATION UNDER THE FEDERAL CIVIL MONEY PENALTIES LAW. (

To improve diversity in clinical trials and data collection for COVID- 19 and future public health threats to address social determinants of health. 2) Priority for grant and contract awards.--In awarding grants and contracts under this subsection, the Secretary shall prioritize entities that-- (A) develop educational, recruitment, and training materials in multiple languages; or (B) undertake clinical trial outreach efforts in more diverse racial and ethnic communities that are traditionally underrepresented in clinical trials, such as tribal areas. ( ( CLARIFICATION THAT CERTAIN REMUNERATION RELATED TO PARTICIPATION IN CLINICAL TRIALS DOES NOT CONSTITUTE REMUNERATION UNDER THE FEDERAL CIVIL MONEY PENALTIES LAW. ( a) In General.--The Secretary shall enter into an arrangement with the National Academy of Medicine under which the National Academy agrees to study and propose a design for a national interoperable data platform to improve access to health data, and other relevant data needs, during public health emergencies. (

To improve diversity in clinical trials and data collection for COVID- 19 and future public health threats to address social determinants of health. c) Content of Guidance.--The guidance under subsection (b) shall address the following: (1) Strategies to engage with prospective clinical trial participants and community partners, such as patient advocacy groups with diverse representation, to incorporate input of such patients and partners into the design of decentralized clinical trials. ( ( b) Grants and Contracts.-- (1) In general.--The Secretary may issue grants to and enter into contracts with entities to support community education, outreach, and recruitment activities for clinical trials with respect to drugs, including vaccines for diseases or conditions which have a disproportionate impact on underrepresented populations (including on racial and ethnic minority populations), including for the diagnosis, prevention, or treatment of COVID-19. 3) Collection via grants or contracts.-- (A) In general.--The Secretary may issue grants to, and enter into contracts with, States, local public health departments, or other entities supplying data to the Secretary as required under this subsection, to support the activities under this subsection. ( (4) Use and disclosure for public health activities.--The submission and use of data collected pursuant to this subsection shall be considered a permitted disclosure and use for public health activities as set forth in section 164.512(b)(1)(i) of 45, Code of Federal Regulations (or any successor regulations). ( CLARIFICATION THAT CERTAIN REMUNERATION RELATED TO PARTICIPATION IN CLINICAL TRIALS DOES NOT CONSTITUTE REMUNERATION UNDER THE FEDERAL CIVIL MONEY PENALTIES LAW. (

Diversifying Investigations Via Equitable Research Studies for Everyone Trials Act or the DIVERSE Trials Act This bill directs the Department of Health and Human Services (HHS) to issue a draft guidance that addresses how to conduct decentralized clinical trials with meaningful demographic diversity, including racial, ethnic, age, gender, and geographic diversity in patient engagement, enrollment, and participation, including how to appropriately Amends title XVIII (Medicare) of the Social Security Act to prohibit remuneration offered or transferred to promote the participation in an approved clinical trial, as defined in the Public Health Service Act, so long as such remunerance facilitates equitable inclusion of patients from all relevant demographic and socioeconomic populations and is related to patient participation in the trial. (Sec. 5) Amends

H.R.9221

Health

Bruce's Law This bill reauthorizes certain grants through FY2027 and sets out other activities to address drug overdoses, with a particular focus on contamination with fentanyl or other synthetic opioids. Specifically, the bill (1) reauthorizes grants that are available through the White House Office of National Drug Control Policy (ONDCP) for community-based coalitions to address local drug crises, and (2) authorizes new grants for coalitions to implement education and prevention strategies in communities that face significant levels of drug overdoses related to fentanyl and other synthetic opioids. The ONDCP may delegate authority to execute the new grants to the Centers for Disease Control and Prevention. Additionally, the Department of Health and Human Services (HHS) must carry out a campaign to increase public awareness of the dangers of fentanyl and other synthetic opioids, including the risks of such substances contaminating counterfeit drugs. The bill also establishes an interagency work group to coordinate and improve federal efforts to reduce and prevent overdoses caused by illegal drugs contaminated with fentanyl or other synthetic opioids. Work group members include the ONDCP, HHS, the Department of Justice, and the Department of State.

To establish an awareness campaign related to the lethality of fentanyl and fentanyl-contaminated drugs, to establish a Federal Interagency Work Group on Fentanyl Contamination of Illegal Drugs, and to provide community-based coalition enhancement grants to mitigate the effects of drug use. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as ``Bruce's Law''. SEC. 2. AWARENESS CAMPAIGNS. (a) Opioid Program.--Section 102 of the Comprehensive Addiction and Recovery Act of 2016 (Public Law 114-198) is amended-- (1) in the section heading, by inserting ``relating to opioids'' after ``campaigns''; and (2) in subsection (c)-- (A) in paragraph (1), by inserting ``and'' after the semicolon; (B) in paragraph (2)(B), by striking ``; and'' and inserting a period; and (C) by striking paragraph (3). (b) Additional Campaign.--Title I of the Comprehensive Addiction and Recovery Act of 2016 (Public Law 114-198) is amended by inserting after section 102 the following: ``SEC. 102A. AWARENESS CAMPAIGN RELATED TO LETHALITY OF FENTANYL AND FENTANYL-CONTAMINATED DRUGS. ``(a) In General.--The Secretary of Health and Human Services, in coordination with the heads of other Federal departments and agencies, shall, as appropriate, through a public awareness campaign, advance the education and awareness of the public (including school-aged children, youth, parents, first responders, and providers) and other appropriate entities regarding the risk of counterfeit drugs being contaminated with fentanyl or other synthetic opioids and the lethality and other dangers of synthetic opioids. ``(b) Topics.--The education and awareness campaigns under subsection (a) shall address-- ``(1) the dangers of using drugs which may be contaminated with fentanyl or other synthetic opioids; ``(2) the prevention of substance use disorder and use of drugs other than as prescribed, including through safe disposal of prescription medications and other safety precautions; and ``(3) the detection of early warning signs of substance use disorder and addiction in school-aged children and youth. ``(c) Other Requirements.--The education and awareness campaigns under subsection (a) shall, as appropriate, take into account any association between the use of prescription drugs other than as prescribed and the use of drugs that can be contaminated by fentanyl or other opioids, including heroin. ``(d) Drug Defined.--In this section, the term `drug' means an illicit drug, such as marijuana, hashish, cocaine (including crack cocaine), inhalants, hallucinogens, heroin, a synthetic opioid, methamphetamine or other stimulant, a counterfeit prescription drug, or a prescription drug that is sold illegally. ``(e) Authorization of Appropriations.--There are authorized to be appropriated for fiscal years 2023 through 2027 such sums as may be necessary to carry out this section.''. SEC. 3. FEDERAL INTERAGENCY WORK GROUP ON FENTANYL CONTAMINATION OF ILLEGAL DRUGS. Title I of the Comprehensive Addiction and Recovery Act of 2016 (Public Law 114-198), as amended by section 2(b), is further amended by inserting after section 102A the following: ``SEC. 102B. FEDERAL INTERAGENCY WORK GROUP ON FENTANYL CONTAMINATION OF ILLEGAL DRUGS. ``(a) Establishment.--The Secretary of Health and Human Services (referred to in this section as the `Secretary') shall establish the Federal Interagency Work Group on Fentanyl Contamination of Illegal Drugs (referred to in this section as the `Work Group'). ``(b) Membership; Consultation.-- ``(1) Composition.--Not later than 120 days after the date of enactment of Bruce's Law, the heads of the Office of National Drug Control Policy, the Substance Abuse and Mental Health Services Administration, the Administration for Children and Families, the Centers for Disease Control and Prevention, the Department of Justice, the Drug Enforcement Administration, the Department of State, the Department of Education, and other Federal agencies (as determined by the Secretary) shall designate representatives of the respective agency or office to the Work Group. ``(2) Consultation.--The Work Group shall consult with-- ``(A) experts at the State, Tribal, and local levels with relevant backgrounds in reducing, preventing, and responding to drug overdose by fentanyl contamination of illegal drugs; ``(B) individuals in recovery from use of fentanyl other than as prescribed or use of other synthetic opioids; ``(C) family members of adults who have overdosed by fentanyl-contaminated illegal drugs; ``(D) family members of school-aged children and youth who have overdosed by fentanyl-contaminated illegal drugs; ``(E) researchers and other experts in the design and implementation of effective drug-related messaging and prevention campaigns; and ``(F) technology companies. ``(c) Duties.--The Work Group shall-- ``(1) examine all Federal efforts directed towards reducing and preventing drug overdose by fentanyl- or other synthetic opioid-contaminated illegal drugs; ``(2) identify strategies, resources, and supports to improve State, Tribal, and local responses to overdose by fentanyl- or other synthetic opioid-contaminated illegal drugs; ``(3) make recommendations to Congress for improving Federal programs and efforts and coordination across such programs and efforts to reduce and prevent drug overdose by fentanyl- or other synthetic opioid-contaminated illegal drugs; and ``(4) make recommendations for educating youth on the dangers of drugs contaminated by fentanyl or other synthetic opioids. ``(d) Annual Report to Secretary.--The Work Group shall annually prepare and submit to the Secretary, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Education and Labor and the Committee on Energy and Commerce of the House of Representatives, a report on the activities carried out by the Work Group under subsection (c), including recommendations to reduce and prevent drug overdose by fentanyl or other synthetic opioid contamination of illegal drugs, in all populations, and specifically among youth at risk for substance use disorder and use of drugs other than as prescribed.''. SEC. 4. COMMUNITY-BASED COALITION ENHANCEMENT GRANTS TO ADDRESS LOCAL DRUG CRISES. Section 103(i) of the Comprehensive Addiction and Recovery Act of 2016 (21 U.S.C. 1536(i)) is amended by striking ``2017 through 2021'' and inserting ``2023 through 2027''. SEC. 5. COMMUNITY-BASED COALITION ENHANCEMENT GRANTS TO EDUCATE YOUTH ON THE RISKS OF DRUGS CONTAMINATED WITH FENTANYL OR OTHER SYNTHETIC OPIOIDS. Title I of the Comprehensive Addiction and Recovery Act of 2016 (Public Law 114-198) is amended by inserting after section 103 the following: ``SEC. 103A. COMMUNITY-BASED COALITION ENHANCEMENT GRANTS TO EDUCATE YOUTH ON THE RISKS OF DRUGS CONTAMINATED WITH FENTANYL OR OTHER SYNTHETIC OPIOIDS. ``(a) Program Authorized.--The Director of the Office of National Drug Control Policy (referred to in this section as the `Director'), in coordination with the Director of the Centers for Disease Control and Prevention, may make grants to eligible entities to implement education of the public on the dangers of contamination of drugs with fentanyl or other synthetic opioids. ``(b) Application.-- ``(1) In general.--An eligible entity seeking a grant under this section shall submit an application to the Director at such time, in such manner, and accompanied by such information as the Director may require. ``(2) Criteria.--As part of an application for a grant under this section, the Director shall require an eligible entity to submit a detailed, comprehensive, multisector plan for addressing the implementation of an evidence-based public education campaign on the dangers of drugs contaminated with fentanyl or other synthetic opioids, with a specific consideration given to education focused on youth at increased risk for developing a substance use disorder. ``(3) Eligible entities.--For purposes of this section, the term `eligible entity' means an entity that-- ``(A) has documented, using local data, rates of drug overdose related to fentanyl or other synthetic opioids at levels that are significant, as determined by the Director; and ``(B) has received a grant under the Drug-Free Communities Act of 1997. ``(c) Use of Funds.--An eligible entity shall use a grant received under this section-- ``(1) for programs designed to implement comprehensive community-wide prevention strategies to address the dangers of drugs contaminated with fentanyl or other synthetic opioids, in the area served by the eligible entity, in accordance with the plan submitted under subsection (b)(2); ``(2) to obtain specialized training and technical assistance from the organization funded under section 4 of Public Law 107-82 (21 U.S.C. 1521 note); and ``(3) for programs designed to implement comprehensive community-wide strategies to address the dangers of drugs contaminated with fentanyl or other synthetic opioids in the community. ``(d) Supplement Not Supplant.--An eligible entity shall use Federal funds received under this section only to supplement the funds that would, in the absence of those Federal funds, be made available from other Federal and non-Federal sources for the activities described in this section, and not to supplant those funds. ``(e) Evaluation.--A grant under this section shall be subject to the same evaluation requirements and procedures as the evaluation requirements and procedures imposed on the recipient of a grant under the Drug-Free Communities Act of 1997, and shall also include an evaluation of the effectiveness at reducing the use of illicit fentanyl or other synthetic opioids. ``(f) Limitation on Administrative Expenses.--Not more than 12 percent of the amounts made available to carry out this section for a fiscal year may be used to pay for administrative expenses. ``(g) Delegation Authority.--The Director may enter into an interagency agreement with the Director of the Centers for Disease Control and Prevention to delegate authority for the execution of grants and for such other activities, as the Director determines necessary to carry out this section. ``(h) Definition.--In this section, the term `drug' means an illicit drug, such as marijuana, hashish, cocaine (including crack cocaine), inhalants, hallucinogens, heroin, a synthetic opioid, methamphetamine or other stimulant, a counterfeit prescription drug, or a prescription drug that is sold illegally. ``(i) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2023 through 2027.''. <all>

Bruce's Law

To establish an awareness campaign related to the lethality of fentanyl and fentanyl-contaminated drugs, to establish a Federal Interagency Work Group on Fentanyl Contamination of Illegal Drugs, and to provide community-based coalition enhancement grants to mitigate the effects of drug use.

Bruce's Law

Rep. Trone, David J.

D

MD

This bill reauthorizes certain grants through FY2027 and sets out other activities to address drug overdoses, with a particular focus on contamination with fentanyl or other synthetic opioids. Specifically, the bill (1) reauthorizes grants that are available through the White House Office of National Drug Control Policy (ONDCP) for community-based coalitions to address local drug crises, and (2) authorizes new grants for coalitions to implement education and prevention strategies in communities that face significant levels of drug overdoses related to fentanyl and other synthetic opioids. The ONDCP may delegate authority to execute the new grants to the Centers for Disease Control and Prevention. Additionally, the Department of Health and Human Services (HHS) must carry out a campaign to increase public awareness of the dangers of fentanyl and other synthetic opioids, including the risks of such substances contaminating counterfeit drugs. The bill also establishes an interagency work group to coordinate and improve federal efforts to reduce and prevent overdoses caused by illegal drugs contaminated with fentanyl or other synthetic opioids. Work group members include the ONDCP, HHS, the Department of Justice, and the Department of State.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as ``Bruce's Law''. 2. (a) Opioid Program.--Section 102 of the Comprehensive Addiction and Recovery Act of 2016 (Public Law 114-198) is amended-- (1) in the section heading, by inserting ``relating to opioids'' after ``campaigns''; and (2) in subsection (c)-- (A) in paragraph (1), by inserting ``and'' after the semicolon; (B) in paragraph (2)(B), by striking ``; and'' and inserting a period; and (C) by striking paragraph (3). 102A. AWARENESS CAMPAIGN RELATED TO LETHALITY OF FENTANYL AND FENTANYL-CONTAMINATED DRUGS. ``(c) Other Requirements.--The education and awareness campaigns under subsection (a) shall, as appropriate, take into account any association between the use of prescription drugs other than as prescribed and the use of drugs that can be contaminated by fentanyl or other opioids, including heroin. ``(e) Authorization of Appropriations.--There are authorized to be appropriated for fiscal years 2023 through 2027 such sums as may be necessary to carry out this section.''. 3. ``(a) Establishment.--The Secretary of Health and Human Services (referred to in this section as the `Secretary') shall establish the Federal Interagency Work Group on Fentanyl Contamination of Illegal Drugs (referred to in this section as the `Work Group'). ``(b) Membership; Consultation.-- ``(1) Composition.--Not later than 120 days after the date of enactment of Bruce's Law, the heads of the Office of National Drug Control Policy, the Substance Abuse and Mental Health Services Administration, the Administration for Children and Families, the Centers for Disease Control and Prevention, the Department of Justice, the Drug Enforcement Administration, the Department of State, the Department of Education, and other Federal agencies (as determined by the Secretary) shall designate representatives of the respective agency or office to the Work Group. 4. SEC. COMMUNITY-BASED COALITION ENHANCEMENT GRANTS TO EDUCATE YOUTH ON THE RISKS OF DRUGS CONTAMINATED WITH FENTANYL OR OTHER SYNTHETIC OPIOIDS. ``(a) Program Authorized.--The Director of the Office of National Drug Control Policy (referred to in this section as the `Director'), in coordination with the Director of the Centers for Disease Control and Prevention, may make grants to eligible entities to implement education of the public on the dangers of contamination of drugs with fentanyl or other synthetic opioids. ``(d) Supplement Not Supplant.--An eligible entity shall use Federal funds received under this section only to supplement the funds that would, in the absence of those Federal funds, be made available from other Federal and non-Federal sources for the activities described in this section, and not to supplant those funds. ``(h) Definition.--In this section, the term `drug' means an illicit drug, such as marijuana, hashish, cocaine (including crack cocaine), inhalants, hallucinogens, heroin, a synthetic opioid, methamphetamine or other stimulant, a counterfeit prescription drug, or a prescription drug that is sold illegally.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as ``Bruce's Law''. 2. (a) Opioid Program.--Section 102 of the Comprehensive Addiction and Recovery Act of 2016 (Public Law 114-198) is amended-- (1) in the section heading, by inserting ``relating to opioids'' after ``campaigns''; and (2) in subsection (c)-- (A) in paragraph (1), by inserting ``and'' after the semicolon; (B) in paragraph (2)(B), by striking ``; and'' and inserting a period; and (C) by striking paragraph (3). 102A. AWARENESS CAMPAIGN RELATED TO LETHALITY OF FENTANYL AND FENTANYL-CONTAMINATED DRUGS. ``(c) Other Requirements.--The education and awareness campaigns under subsection (a) shall, as appropriate, take into account any association between the use of prescription drugs other than as prescribed and the use of drugs that can be contaminated by fentanyl or other opioids, including heroin. ``(e) Authorization of Appropriations.--There are authorized to be appropriated for fiscal years 2023 through 2027 such sums as may be necessary to carry out this section.''. 3. ``(a) Establishment.--The Secretary of Health and Human Services (referred to in this section as the `Secretary') shall establish the Federal Interagency Work Group on Fentanyl Contamination of Illegal Drugs (referred to in this section as the `Work Group'). 4. SEC. COMMUNITY-BASED COALITION ENHANCEMENT GRANTS TO EDUCATE YOUTH ON THE RISKS OF DRUGS CONTAMINATED WITH FENTANYL OR OTHER SYNTHETIC OPIOIDS. ``(a) Program Authorized.--The Director of the Office of National Drug Control Policy (referred to in this section as the `Director'), in coordination with the Director of the Centers for Disease Control and Prevention, may make grants to eligible entities to implement education of the public on the dangers of contamination of drugs with fentanyl or other synthetic opioids. ``(d) Supplement Not Supplant.--An eligible entity shall use Federal funds received under this section only to supplement the funds that would, in the absence of those Federal funds, be made available from other Federal and non-Federal sources for the activities described in this section, and not to supplant those funds.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as ``Bruce's Law''. 2. (a) Opioid Program.--Section 102 of the Comprehensive Addiction and Recovery Act of 2016 (Public Law 114-198) is amended-- (1) in the section heading, by inserting ``relating to opioids'' after ``campaigns''; and (2) in subsection (c)-- (A) in paragraph (1), by inserting ``and'' after the semicolon; (B) in paragraph (2)(B), by striking ``; and'' and inserting a period; and (C) by striking paragraph (3). 102A. AWARENESS CAMPAIGN RELATED TO LETHALITY OF FENTANYL AND FENTANYL-CONTAMINATED DRUGS. ``(c) Other Requirements.--The education and awareness campaigns under subsection (a) shall, as appropriate, take into account any association between the use of prescription drugs other than as prescribed and the use of drugs that can be contaminated by fentanyl or other opioids, including heroin. ``(e) Authorization of Appropriations.--There are authorized to be appropriated for fiscal years 2023 through 2027 such sums as may be necessary to carry out this section.''. 3. 102B. ``(a) Establishment.--The Secretary of Health and Human Services (referred to in this section as the `Secretary') shall establish the Federal Interagency Work Group on Fentanyl Contamination of Illegal Drugs (referred to in this section as the `Work Group'). ``(b) Membership; Consultation.-- ``(1) Composition.--Not later than 120 days after the date of enactment of Bruce's Law, the heads of the Office of National Drug Control Policy, the Substance Abuse and Mental Health Services Administration, the Administration for Children and Families, the Centers for Disease Control and Prevention, the Department of Justice, the Drug Enforcement Administration, the Department of State, the Department of Education, and other Federal agencies (as determined by the Secretary) shall designate representatives of the respective agency or office to the Work Group. ``(d) Annual Report to Secretary.--The Work Group shall annually prepare and submit to the Secretary, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Education and Labor and the Committee on Energy and Commerce of the House of Representatives, a report on the activities carried out by the Work Group under subsection (c), including recommendations to reduce and prevent drug overdose by fentanyl or other synthetic opioid contamination of illegal drugs, in all populations, and specifically among youth at risk for substance use disorder and use of drugs other than as prescribed.''. 4. COMMUNITY-BASED COALITION ENHANCEMENT GRANTS TO ADDRESS LOCAL DRUG CRISES. Section 103(i) of the Comprehensive Addiction and Recovery Act of 2016 (21 U.S.C. SEC. 5. 103A. COMMUNITY-BASED COALITION ENHANCEMENT GRANTS TO EDUCATE YOUTH ON THE RISKS OF DRUGS CONTAMINATED WITH FENTANYL OR OTHER SYNTHETIC OPIOIDS. ``(a) Program Authorized.--The Director of the Office of National Drug Control Policy (referred to in this section as the `Director'), in coordination with the Director of the Centers for Disease Control and Prevention, may make grants to eligible entities to implement education of the public on the dangers of contamination of drugs with fentanyl or other synthetic opioids. ``(b) Application.-- ``(1) In general.--An eligible entity seeking a grant under this section shall submit an application to the Director at such time, in such manner, and accompanied by such information as the Director may require. ``(d) Supplement Not Supplant.--An eligible entity shall use Federal funds received under this section only to supplement the funds that would, in the absence of those Federal funds, be made available from other Federal and non-Federal sources for the activities described in this section, and not to supplant those funds. ``(e) Evaluation.--A grant under this section shall be subject to the same evaluation requirements and procedures as the evaluation requirements and procedures imposed on the recipient of a grant under the Drug-Free Communities Act of 1997, and shall also include an evaluation of the effectiveness at reducing the use of illicit fentanyl or other synthetic opioids. ``(f) Limitation on Administrative Expenses.--Not more than 12 percent of the amounts made available to carry out this section for a fiscal year may be used to pay for administrative expenses. ``(h) Definition.--In this section, the term `drug' means an illicit drug, such as marijuana, hashish, cocaine (including crack cocaine), inhalants, hallucinogens, heroin, a synthetic opioid, methamphetamine or other stimulant, a counterfeit prescription drug, or a prescription drug that is sold illegally.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as ``Bruce's Law''. 2. (a) Opioid Program.--Section 102 of the Comprehensive Addiction and Recovery Act of 2016 (Public Law 114-198) is amended-- (1) in the section heading, by inserting ``relating to opioids'' after ``campaigns''; and (2) in subsection (c)-- (A) in paragraph (1), by inserting ``and'' after the semicolon; (B) in paragraph (2)(B), by striking ``; and'' and inserting a period; and (C) by striking paragraph (3). 102A. AWARENESS CAMPAIGN RELATED TO LETHALITY OF FENTANYL AND FENTANYL-CONTAMINATED DRUGS. ``(c) Other Requirements.--The education and awareness campaigns under subsection (a) shall, as appropriate, take into account any association between the use of prescription drugs other than as prescribed and the use of drugs that can be contaminated by fentanyl or other opioids, including heroin. ``(e) Authorization of Appropriations.--There are authorized to be appropriated for fiscal years 2023 through 2027 such sums as may be necessary to carry out this section.''. 3. 102B. ``(a) Establishment.--The Secretary of Health and Human Services (referred to in this section as the `Secretary') shall establish the Federal Interagency Work Group on Fentanyl Contamination of Illegal Drugs (referred to in this section as the `Work Group'). ``(b) Membership; Consultation.-- ``(1) Composition.--Not later than 120 days after the date of enactment of Bruce's Law, the heads of the Office of National Drug Control Policy, the Substance Abuse and Mental Health Services Administration, the Administration for Children and Families, the Centers for Disease Control and Prevention, the Department of Justice, the Drug Enforcement Administration, the Department of State, the Department of Education, and other Federal agencies (as determined by the Secretary) shall designate representatives of the respective agency or office to the Work Group. ``(2) Consultation.--The Work Group shall consult with-- ``(A) experts at the State, Tribal, and local levels with relevant backgrounds in reducing, preventing, and responding to drug overdose by fentanyl contamination of illegal drugs; ``(B) individuals in recovery from use of fentanyl other than as prescribed or use of other synthetic opioids; ``(C) family members of adults who have overdosed by fentanyl-contaminated illegal drugs; ``(D) family members of school-aged children and youth who have overdosed by fentanyl-contaminated illegal drugs; ``(E) researchers and other experts in the design and implementation of effective drug-related messaging and prevention campaigns; and ``(F) technology companies. ``(d) Annual Report to Secretary.--The Work Group shall annually prepare and submit to the Secretary, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Education and Labor and the Committee on Energy and Commerce of the House of Representatives, a report on the activities carried out by the Work Group under subsection (c), including recommendations to reduce and prevent drug overdose by fentanyl or other synthetic opioid contamination of illegal drugs, in all populations, and specifically among youth at risk for substance use disorder and use of drugs other than as prescribed.''. 4. COMMUNITY-BASED COALITION ENHANCEMENT GRANTS TO ADDRESS LOCAL DRUG CRISES. Section 103(i) of the Comprehensive Addiction and Recovery Act of 2016 (21 U.S.C. 1536(i)) is amended by striking ``2017 through 2021'' and inserting ``2023 through 2027''. SEC. 5. 103A. COMMUNITY-BASED COALITION ENHANCEMENT GRANTS TO EDUCATE YOUTH ON THE RISKS OF DRUGS CONTAMINATED WITH FENTANYL OR OTHER SYNTHETIC OPIOIDS. ``(a) Program Authorized.--The Director of the Office of National Drug Control Policy (referred to in this section as the `Director'), in coordination with the Director of the Centers for Disease Control and Prevention, may make grants to eligible entities to implement education of the public on the dangers of contamination of drugs with fentanyl or other synthetic opioids. ``(b) Application.-- ``(1) In general.--An eligible entity seeking a grant under this section shall submit an application to the Director at such time, in such manner, and accompanied by such information as the Director may require. 1521 note); and ``(3) for programs designed to implement comprehensive community-wide strategies to address the dangers of drugs contaminated with fentanyl or other synthetic opioids in the community. ``(d) Supplement Not Supplant.--An eligible entity shall use Federal funds received under this section only to supplement the funds that would, in the absence of those Federal funds, be made available from other Federal and non-Federal sources for the activities described in this section, and not to supplant those funds. ``(e) Evaluation.--A grant under this section shall be subject to the same evaluation requirements and procedures as the evaluation requirements and procedures imposed on the recipient of a grant under the Drug-Free Communities Act of 1997, and shall also include an evaluation of the effectiveness at reducing the use of illicit fentanyl or other synthetic opioids. ``(f) Limitation on Administrative Expenses.--Not more than 12 percent of the amounts made available to carry out this section for a fiscal year may be used to pay for administrative expenses. ``(g) Delegation Authority.--The Director may enter into an interagency agreement with the Director of the Centers for Disease Control and Prevention to delegate authority for the execution of grants and for such other activities, as the Director determines necessary to carry out this section. ``(h) Definition.--In this section, the term `drug' means an illicit drug, such as marijuana, hashish, cocaine (including crack cocaine), inhalants, hallucinogens, heroin, a synthetic opioid, methamphetamine or other stimulant, a counterfeit prescription drug, or a prescription drug that is sold illegally.

To establish an awareness campaign related to the lethality of fentanyl and fentanyl-contaminated drugs, to establish a Federal Interagency Work Group on Fentanyl Contamination of Illegal Drugs, and to provide community-based coalition enhancement grants to mitigate the effects of drug use. a) Opioid Program.--Section 102 of the Comprehensive Addiction and Recovery Act of 2016 (Public Law 114-198) is amended-- (1) in the section heading, by inserting ``relating to opioids'' after ``campaigns''; and (2) in subsection (c)-- (A) in paragraph (1), by inserting ``and'' after the semicolon; (B) in paragraph (2)(B), by striking ``; and'' and inserting a period; and (C) by striking paragraph (3). ( ``(a) In General.--The Secretary of Health and Human Services, in coordination with the heads of other Federal departments and agencies, shall, as appropriate, through a public awareness campaign, advance the education and awareness of the public (including school-aged children, youth, parents, first responders, and providers) and other appropriate entities regarding the risk of counterfeit drugs being contaminated with fentanyl or other synthetic opioids and the lethality and other dangers of synthetic opioids. ``(b) Topics.--The education and awareness campaigns under subsection (a) shall address-- ``(1) the dangers of using drugs which may be contaminated with fentanyl or other synthetic opioids; ``(2) the prevention of substance use disorder and use of drugs other than as prescribed, including through safe disposal of prescription medications and other safety precautions; and ``(3) the detection of early warning signs of substance use disorder and addiction in school-aged children and youth. ``(e) Authorization of Appropriations.--There are authorized to be appropriated for fiscal years 2023 through 2027 such sums as may be necessary to carry out this section.''. ``(a) Establishment.--The Secretary of Health and Human Services (referred to in this section as the `Secretary') shall establish the Federal Interagency Work Group on Fentanyl Contamination of Illegal Drugs (referred to in this section as the `Work Group'). COMMUNITY-BASED COALITION ENHANCEMENT GRANTS TO ADDRESS LOCAL DRUG CRISES. Section 103(i) of the Comprehensive Addiction and Recovery Act of 2016 (21 U.S.C. 1536(i)) is amended by striking ``2017 through 2021'' and inserting ``2023 through 2027''. ``(a) Program Authorized.--The Director of the Office of National Drug Control Policy (referred to in this section as the `Director'), in coordination with the Director of the Centers for Disease Control and Prevention, may make grants to eligible entities to implement education of the public on the dangers of contamination of drugs with fentanyl or other synthetic opioids. ``(3) Eligible entities.--For purposes of this section, the term `eligible entity' means an entity that-- ``(A) has documented, using local data, rates of drug overdose related to fentanyl or other synthetic opioids at levels that are significant, as determined by the Director; and ``(B) has received a grant under the Drug-Free Communities Act of 1997. ``(d) Supplement Not Supplant.--An eligible entity shall use Federal funds received under this section only to supplement the funds that would, in the absence of those Federal funds, be made available from other Federal and non-Federal sources for the activities described in this section, and not to supplant those funds. ``(e) Evaluation.--A grant under this section shall be subject to the same evaluation requirements and procedures as the evaluation requirements and procedures imposed on the recipient of a grant under the Drug-Free Communities Act of 1997, and shall also include an evaluation of the effectiveness at reducing the use of illicit fentanyl or other synthetic opioids. ``(f) Limitation on Administrative Expenses.--Not more than 12 percent of the amounts made available to carry out this section for a fiscal year may be used to pay for administrative expenses. ``(g) Delegation Authority.--The Director may enter into an interagency agreement with the Director of the Centers for Disease Control and Prevention to delegate authority for the execution of grants and for such other activities, as the Director determines necessary to carry out this section.

To establish an awareness campaign related to the lethality of fentanyl and fentanyl-contaminated drugs, to establish a Federal Interagency Work Group on Fentanyl Contamination of Illegal Drugs, and to provide community-based coalition enhancement grants to mitigate the effects of drug use. a) Opioid Program.--Section 102 of the Comprehensive Addiction and Recovery Act of 2016 (Public Law 114-198) is amended-- (1) in the section heading, by inserting ``relating to opioids'' after ``campaigns''; and (2) in subsection (c)-- (A) in paragraph (1), by inserting ``and'' after the semicolon; (B) in paragraph (2)(B), by striking ``; and'' and inserting a period; and (C) by striking paragraph (3). ( ``(c) Other Requirements.--The education and awareness campaigns under subsection (a) shall, as appropriate, take into account any association between the use of prescription drugs other than as prescribed and the use of drugs that can be contaminated by fentanyl or other opioids, including heroin. ``(a) Establishment.--The Secretary of Health and Human Services (referred to in this section as the `Secretary') shall establish the Federal Interagency Work Group on Fentanyl Contamination of Illegal Drugs (referred to in this section as the `Work Group'). COMMUNITY-BASED COALITION ENHANCEMENT GRANTS TO ADDRESS LOCAL DRUG CRISES. Section 103(i) of the Comprehensive Addiction and Recovery Act of 2016 (21 U.S.C. 1536(i)) is amended by striking ``2017 through 2021'' and inserting ``2023 through 2027''. Title I of the Comprehensive Addiction and Recovery Act of 2016 (Public Law 114-198) is amended by inserting after section 103 the following: ``SEC. ``(c) Use of Funds.--An eligible entity shall use a grant received under this section-- ``(1) for programs designed to implement comprehensive community-wide prevention strategies to address the dangers of drugs contaminated with fentanyl or other synthetic opioids, in the area served by the eligible entity, in accordance with the plan submitted under subsection (b)(2); ``(2) to obtain specialized training and technical assistance from the organization funded under section 4 of Public Law 107-82 (21 U.S.C. 1521 note); and ``(3) for programs designed to implement comprehensive community-wide strategies to address the dangers of drugs contaminated with fentanyl or other synthetic opioids in the community. ``(e) Evaluation.--A grant under this section shall be subject to the same evaluation requirements and procedures as the evaluation requirements and procedures imposed on the recipient of a grant under the Drug-Free Communities Act of 1997, and shall also include an evaluation of the effectiveness at reducing the use of illicit fentanyl or other synthetic opioids.

To establish an awareness campaign related to the lethality of fentanyl and fentanyl-contaminated drugs, to establish a Federal Interagency Work Group on Fentanyl Contamination of Illegal Drugs, and to provide community-based coalition enhancement grants to mitigate the effects of drug use. a) Opioid Program.--Section 102 of the Comprehensive Addiction and Recovery Act of 2016 (Public Law 114-198) is amended-- (1) in the section heading, by inserting ``relating to opioids'' after ``campaigns''; and (2) in subsection (c)-- (A) in paragraph (1), by inserting ``and'' after the semicolon; (B) in paragraph (2)(B), by striking ``; and'' and inserting a period; and (C) by striking paragraph (3). ( ``(c) Other Requirements.--The education and awareness campaigns under subsection (a) shall, as appropriate, take into account any association between the use of prescription drugs other than as prescribed and the use of drugs that can be contaminated by fentanyl or other opioids, including heroin. ``(a) Establishment.--The Secretary of Health and Human Services (referred to in this section as the `Secretary') shall establish the Federal Interagency Work Group on Fentanyl Contamination of Illegal Drugs (referred to in this section as the `Work Group'). COMMUNITY-BASED COALITION ENHANCEMENT GRANTS TO ADDRESS LOCAL DRUG CRISES. Section 103(i) of the Comprehensive Addiction and Recovery Act of 2016 (21 U.S.C. 1536(i)) is amended by striking ``2017 through 2021'' and inserting ``2023 through 2027''. Title I of the Comprehensive Addiction and Recovery Act of 2016 (Public Law 114-198) is amended by inserting after section 103 the following: ``SEC. ``(c) Use of Funds.--An eligible entity shall use a grant received under this section-- ``(1) for programs designed to implement comprehensive community-wide prevention strategies to address the dangers of drugs contaminated with fentanyl or other synthetic opioids, in the area served by the eligible entity, in accordance with the plan submitted under subsection (b)(2); ``(2) to obtain specialized training and technical assistance from the organization funded under section 4 of Public Law 107-82 (21 U.S.C. 1521 note); and ``(3) for programs designed to implement comprehensive community-wide strategies to address the dangers of drugs contaminated with fentanyl or other synthetic opioids in the community. ``(e) Evaluation.--A grant under this section shall be subject to the same evaluation requirements and procedures as the evaluation requirements and procedures imposed on the recipient of a grant under the Drug-Free Communities Act of 1997, and shall also include an evaluation of the effectiveness at reducing the use of illicit fentanyl or other synthetic opioids.

To establish an awareness campaign related to the lethality of fentanyl and fentanyl-contaminated drugs, to establish a Federal Interagency Work Group on Fentanyl Contamination of Illegal Drugs, and to provide community-based coalition enhancement grants to mitigate the effects of drug use. a) Opioid Program.--Section 102 of the Comprehensive Addiction and Recovery Act of 2016 (Public Law 114-198) is amended-- (1) in the section heading, by inserting ``relating to opioids'' after ``campaigns''; and (2) in subsection (c)-- (A) in paragraph (1), by inserting ``and'' after the semicolon; (B) in paragraph (2)(B), by striking ``; and'' and inserting a period; and (C) by striking paragraph (3). ( ``(a) In General.--The Secretary of Health and Human Services, in coordination with the heads of other Federal departments and agencies, shall, as appropriate, through a public awareness campaign, advance the education and awareness of the public (including school-aged children, youth, parents, first responders, and providers) and other appropriate entities regarding the risk of counterfeit drugs being contaminated with fentanyl or other synthetic opioids and the lethality and other dangers of synthetic opioids. ``(b) Topics.--The education and awareness campaigns under subsection (a) shall address-- ``(1) the dangers of using drugs which may be contaminated with fentanyl or other synthetic opioids; ``(2) the prevention of substance use disorder and use of drugs other than as prescribed, including through safe disposal of prescription medications and other safety precautions; and ``(3) the detection of early warning signs of substance use disorder and addiction in school-aged children and youth. ``(e) Authorization of Appropriations.--There are authorized to be appropriated for fiscal years 2023 through 2027 such sums as may be necessary to carry out this section.''. ``(a) Establishment.--The Secretary of Health and Human Services (referred to in this section as the `Secretary') shall establish the Federal Interagency Work Group on Fentanyl Contamination of Illegal Drugs (referred to in this section as the `Work Group'). COMMUNITY-BASED COALITION ENHANCEMENT GRANTS TO ADDRESS LOCAL DRUG CRISES. Section 103(i) of the Comprehensive Addiction and Recovery Act of 2016 (21 U.S.C. 1536(i)) is amended by striking ``2017 through 2021'' and inserting ``2023 through 2027''. ``(a) Program Authorized.--The Director of the Office of National Drug Control Policy (referred to in this section as the `Director'), in coordination with the Director of the Centers for Disease Control and Prevention, may make grants to eligible entities to implement education of the public on the dangers of contamination of drugs with fentanyl or other synthetic opioids. ``(3) Eligible entities.--For purposes of this section, the term `eligible entity' means an entity that-- ``(A) has documented, using local data, rates of drug overdose related to fentanyl or other synthetic opioids at levels that are significant, as determined by the Director; and ``(B) has received a grant under the Drug-Free Communities Act of 1997. ``(d) Supplement Not Supplant.--An eligible entity shall use Federal funds received under this section only to supplement the funds that would, in the absence of those Federal funds, be made available from other Federal and non-Federal sources for the activities described in this section, and not to supplant those funds. ``(e) Evaluation.--A grant under this section shall be subject to the same evaluation requirements and procedures as the evaluation requirements and procedures imposed on the recipient of a grant under the Drug-Free Communities Act of 1997, and shall also include an evaluation of the effectiveness at reducing the use of illicit fentanyl or other synthetic opioids. ``(f) Limitation on Administrative Expenses.--Not more than 12 percent of the amounts made available to carry out this section for a fiscal year may be used to pay for administrative expenses. ``(g) Delegation Authority.--The Director may enter into an interagency agreement with the Director of the Centers for Disease Control and Prevention to delegate authority for the execution of grants and for such other activities, as the Director determines necessary to carry out this section.

To establish an awareness campaign related to the lethality of fentanyl and fentanyl-contaminated drugs, to establish a Federal Interagency Work Group on Fentanyl Contamination of Illegal Drugs, and to provide community-based coalition enhancement grants to mitigate the effects of drug use. a) Opioid Program.--Section 102 of the Comprehensive Addiction and Recovery Act of 2016 (Public Law 114-198) is amended-- (1) in the section heading, by inserting ``relating to opioids'' after ``campaigns''; and (2) in subsection (c)-- (A) in paragraph (1), by inserting ``and'' after the semicolon; (B) in paragraph (2)(B), by striking ``; and'' and inserting a period; and (C) by striking paragraph (3). ( ``(c) Other Requirements.--The education and awareness campaigns under subsection (a) shall, as appropriate, take into account any association between the use of prescription drugs other than as prescribed and the use of drugs that can be contaminated by fentanyl or other opioids, including heroin. ``(a) Establishment.--The Secretary of Health and Human Services (referred to in this section as the `Secretary') shall establish the Federal Interagency Work Group on Fentanyl Contamination of Illegal Drugs (referred to in this section as the `Work Group'). COMMUNITY-BASED COALITION ENHANCEMENT GRANTS TO ADDRESS LOCAL DRUG CRISES. Section 103(i) of the Comprehensive Addiction and Recovery Act of 2016 (21 U.S.C. 1536(i)) is amended by striking ``2017 through 2021'' and inserting ``2023 through 2027''. Title I of the Comprehensive Addiction and Recovery Act of 2016 (Public Law 114-198) is amended by inserting after section 103 the following: ``SEC. ``(c) Use of Funds.--An eligible entity shall use a grant received under this section-- ``(1) for programs designed to implement comprehensive community-wide prevention strategies to address the dangers of drugs contaminated with fentanyl or other synthetic opioids, in the area served by the eligible entity, in accordance with the plan submitted under subsection (b)(2); ``(2) to obtain specialized training and technical assistance from the organization funded under section 4 of Public Law 107-82 (21 U.S.C. 1521 note); and ``(3) for programs designed to implement comprehensive community-wide strategies to address the dangers of drugs contaminated with fentanyl or other synthetic opioids in the community. ``(e) Evaluation.--A grant under this section shall be subject to the same evaluation requirements and procedures as the evaluation requirements and procedures imposed on the recipient of a grant under the Drug-Free Communities Act of 1997, and shall also include an evaluation of the effectiveness at reducing the use of illicit fentanyl or other synthetic opioids.

To establish an awareness campaign related to the lethality of fentanyl and fentanyl-contaminated drugs, to establish a Federal Interagency Work Group on Fentanyl Contamination of Illegal Drugs, and to provide community-based coalition enhancement grants to mitigate the effects of drug use. a) Opioid Program.--Section 102 of the Comprehensive Addiction and Recovery Act of 2016 (Public Law 114-198) is amended-- (1) in the section heading, by inserting ``relating to opioids'' after ``campaigns''; and (2) in subsection (c)-- (A) in paragraph (1), by inserting ``and'' after the semicolon; (B) in paragraph (2)(B), by striking ``; and'' and inserting a period; and (C) by striking paragraph (3). ( ``(a) In General.--The Secretary of Health and Human Services, in coordination with the heads of other Federal departments and agencies, shall, as appropriate, through a public awareness campaign, advance the education and awareness of the public (including school-aged children, youth, parents, first responders, and providers) and other appropriate entities regarding the risk of counterfeit drugs being contaminated with fentanyl or other synthetic opioids and the lethality and other dangers of synthetic opioids. ``(b) Topics.--The education and awareness campaigns under subsection (a) shall address-- ``(1) the dangers of using drugs which may be contaminated with fentanyl or other synthetic opioids; ``(2) the prevention of substance use disorder and use of drugs other than as prescribed, including through safe disposal of prescription medications and other safety precautions; and ``(3) the detection of early warning signs of substance use disorder and addiction in school-aged children and youth. ``(e) Authorization of Appropriations.--There are authorized to be appropriated for fiscal years 2023 through 2027 such sums as may be necessary to carry out this section.''. ``(a) Establishment.--The Secretary of Health and Human Services (referred to in this section as the `Secretary') shall establish the Federal Interagency Work Group on Fentanyl Contamination of Illegal Drugs (referred to in this section as the `Work Group'). COMMUNITY-BASED COALITION ENHANCEMENT GRANTS TO ADDRESS LOCAL DRUG CRISES. Section 103(i) of the Comprehensive Addiction and Recovery Act of 2016 (21 U.S.C. 1536(i)) is amended by striking ``2017 through 2021'' and inserting ``2023 through 2027''. ``(a) Program Authorized.--The Director of the Office of National Drug Control Policy (referred to in this section as the `Director'), in coordination with the Director of the Centers for Disease Control and Prevention, may make grants to eligible entities to implement education of the public on the dangers of contamination of drugs with fentanyl or other synthetic opioids. ``(3) Eligible entities.--For purposes of this section, the term `eligible entity' means an entity that-- ``(A) has documented, using local data, rates of drug overdose related to fentanyl or other synthetic opioids at levels that are significant, as determined by the Director; and ``(B) has received a grant under the Drug-Free Communities Act of 1997. ``(d) Supplement Not Supplant.--An eligible entity shall use Federal funds received under this section only to supplement the funds that would, in the absence of those Federal funds, be made available from other Federal and non-Federal sources for the activities described in this section, and not to supplant those funds. ``(e) Evaluation.--A grant under this section shall be subject to the same evaluation requirements and procedures as the evaluation requirements and procedures imposed on the recipient of a grant under the Drug-Free Communities Act of 1997, and shall also include an evaluation of the effectiveness at reducing the use of illicit fentanyl or other synthetic opioids. ``(f) Limitation on Administrative Expenses.--Not more than 12 percent of the amounts made available to carry out this section for a fiscal year may be used to pay for administrative expenses. ``(g) Delegation Authority.--The Director may enter into an interagency agreement with the Director of the Centers for Disease Control and Prevention to delegate authority for the execution of grants and for such other activities, as the Director determines necessary to carry out this section.

To establish an awareness campaign related to the lethality of fentanyl and fentanyl-contaminated drugs, to establish a Federal Interagency Work Group on Fentanyl Contamination of Illegal Drugs, and to provide community-based coalition enhancement grants to mitigate the effects of drug use. a) Opioid Program.--Section 102 of the Comprehensive Addiction and Recovery Act of 2016 (Public Law 114-198) is amended-- (1) in the section heading, by inserting ``relating to opioids'' after ``campaigns''; and (2) in subsection (c)-- (A) in paragraph (1), by inserting ``and'' after the semicolon; (B) in paragraph (2)(B), by striking ``; and'' and inserting a period; and (C) by striking paragraph (3). ( ``(c) Other Requirements.--The education and awareness campaigns under subsection (a) shall, as appropriate, take into account any association between the use of prescription drugs other than as prescribed and the use of drugs that can be contaminated by fentanyl or other opioids, including heroin. ``(a) Establishment.--The Secretary of Health and Human Services (referred to in this section as the `Secretary') shall establish the Federal Interagency Work Group on Fentanyl Contamination of Illegal Drugs (referred to in this section as the `Work Group'). COMMUNITY-BASED COALITION ENHANCEMENT GRANTS TO ADDRESS LOCAL DRUG CRISES. Section 103(i) of the Comprehensive Addiction and Recovery Act of 2016 (21 U.S.C. 1536(i)) is amended by striking ``2017 through 2021'' and inserting ``2023 through 2027''. Title I of the Comprehensive Addiction and Recovery Act of 2016 (Public Law 114-198) is amended by inserting after section 103 the following: ``SEC. ``(c) Use of Funds.--An eligible entity shall use a grant received under this section-- ``(1) for programs designed to implement comprehensive community-wide prevention strategies to address the dangers of drugs contaminated with fentanyl or other synthetic opioids, in the area served by the eligible entity, in accordance with the plan submitted under subsection (b)(2); ``(2) to obtain specialized training and technical assistance from the organization funded under section 4 of Public Law 107-82 (21 U.S.C. 1521 note); and ``(3) for programs designed to implement comprehensive community-wide strategies to address the dangers of drugs contaminated with fentanyl or other synthetic opioids in the community. ``(e) Evaluation.--A grant under this section shall be subject to the same evaluation requirements and procedures as the evaluation requirements and procedures imposed on the recipient of a grant under the Drug-Free Communities Act of 1997, and shall also include an evaluation of the effectiveness at reducing the use of illicit fentanyl or other synthetic opioids.

To establish an awareness campaign related to the lethality of fentanyl and fentanyl-contaminated drugs, to establish a Federal Interagency Work Group on Fentanyl Contamination of Illegal Drugs, and to provide community-based coalition enhancement grants to mitigate the effects of drug use. a) Opioid Program.--Section 102 of the Comprehensive Addiction and Recovery Act of 2016 (Public Law 114-198) is amended-- (1) in the section heading, by inserting ``relating to opioids'' after ``campaigns''; and (2) in subsection (c)-- (A) in paragraph (1), by inserting ``and'' after the semicolon; (B) in paragraph (2)(B), by striking ``; and'' and inserting a period; and (C) by striking paragraph (3). ( ``(b) Topics.--The education and awareness campaigns under subsection (a) shall address-- ``(1) the dangers of using drugs which may be contaminated with fentanyl or other synthetic opioids; ``(2) the prevention of substance use disorder and use of drugs other than as prescribed, including through safe disposal of prescription medications and other safety precautions; and ``(3) the detection of early warning signs of substance use disorder and addiction in school-aged children and youth. ``(a) Program Authorized.--The Director of the Office of National Drug Control Policy (referred to in this section as the `Director'), in coordination with the Director of the Centers for Disease Control and Prevention, may make grants to eligible entities to implement education of the public on the dangers of contamination of drugs with fentanyl or other synthetic opioids. ``(3) Eligible entities.--For purposes of this section, the term `eligible entity' means an entity that-- ``(A) has documented, using local data, rates of drug overdose related to fentanyl or other synthetic opioids at levels that are significant, as determined by the Director; and ``(B) has received a grant under the Drug-Free Communities Act of 1997. ``(e) Evaluation.--A grant under this section shall be subject to the same evaluation requirements and procedures as the evaluation requirements and procedures imposed on the recipient of a grant under the Drug-Free Communities Act of 1997, and shall also include an evaluation of the effectiveness at reducing the use of illicit fentanyl or other synthetic opioids.

To establish an awareness campaign related to the lethality of fentanyl and fentanyl-contaminated drugs, to establish a Federal Interagency Work Group on Fentanyl Contamination of Illegal Drugs, and to provide community-based coalition enhancement grants to mitigate the effects of drug use. a) Opioid Program.--Section 102 of the Comprehensive Addiction and Recovery Act of 2016 (Public Law 114-198) is amended-- (1) in the section heading, by inserting ``relating to opioids'' after ``campaigns''; and (2) in subsection (c)-- (A) in paragraph (1), by inserting ``and'' after the semicolon; (B) in paragraph (2)(B), by striking ``; and'' and inserting a period; and (C) by striking paragraph (3). ( ``(e) Evaluation.--A grant under this section shall be subject to the same evaluation requirements and procedures as the evaluation requirements and procedures imposed on the recipient of a grant under the Drug-Free Communities Act of 1997, and shall also include an evaluation of the effectiveness at reducing the use of illicit fentanyl or other synthetic opioids.

To establish an awareness campaign related to the lethality of fentanyl and fentanyl-contaminated drugs, to establish a Federal Interagency Work Group on Fentanyl Contamination of Illegal Drugs, and to provide community-based coalition enhancement grants to mitigate the effects of drug use. a) Opioid Program.--Section 102 of the Comprehensive Addiction and Recovery Act of 2016 (Public Law 114-198) is amended-- (1) in the section heading, by inserting ``relating to opioids'' after ``campaigns''; and (2) in subsection (c)-- (A) in paragraph (1), by inserting ``and'' after the semicolon; (B) in paragraph (2)(B), by striking ``; and'' and inserting a period; and (C) by striking paragraph (3). ( ``(b) Topics.--The education and awareness campaigns under subsection (a) shall address-- ``(1) the dangers of using drugs which may be contaminated with fentanyl or other synthetic opioids; ``(2) the prevention of substance use disorder and use of drugs other than as prescribed, including through safe disposal of prescription medications and other safety precautions; and ``(3) the detection of early warning signs of substance use disorder and addiction in school-aged children and youth. ``(a) Program Authorized.--The Director of the Office of National Drug Control Policy (referred to in this section as the `Director'), in coordination with the Director of the Centers for Disease Control and Prevention, may make grants to eligible entities to implement education of the public on the dangers of contamination of drugs with fentanyl or other synthetic opioids. ``(3) Eligible entities.--For purposes of this section, the term `eligible entity' means an entity that-- ``(A) has documented, using local data, rates of drug overdose related to fentanyl or other synthetic opioids at levels that are significant, as determined by the Director; and ``(B) has received a grant under the Drug-Free Communities Act of 1997. ``(e) Evaluation.--A grant under this section shall be subject to the same evaluation requirements and procedures as the evaluation requirements and procedures imposed on the recipient of a grant under the Drug-Free Communities Act of 1997, and shall also include an evaluation of the effectiveness at reducing the use of illicit fentanyl or other synthetic opioids.

Bruce's Law This bill amends the Comprehensive Addiction and Recovery Act of 2016 to direct the Department of Health and Human Services (HHS) to advance the education and awareness of the public regarding the risk of counterfeit drugs being contaminated with fentanyl or other synthetic opioids and the lethality and other dangers of synthetic opioids. HHS must establish the Federal Interagency Work Group on Fentanyl Contamination of Amends the Comprehensive Addiction and Recovery Act of 2016 to authorize the Director of the Office of National Drug Control Policy (ODCP) to make grants to eligible entities to implement education of the public on the dangers of contamination of drugs with fentanyl or other synthetic opioids. (Fentanyl is a synthetic opioid that is used to treat pain, addiction, and addiction.) Requires an eligible entity

H.R.6101

Health

Drug Price Transparency in Medicaid Act of 2021 This bill requires pass-through pricing models, and prohibits spread-pricing, for payment arrangements with pharmacy benefit managers under Medicaid. The bill also extends funding for retail pharmacy surveys and requires additional information with respect to price concessions, dispensing fees, and survey participation to be made publicly available.

To amend title XIX of the Social Security Act to improve transparency and prevent the use of abusive spread pricing and related practices in the Medicaid 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 ``Drug Price Transparency in Medicaid Act of 2021''. SEC. 2. IMPROVING TRANSPARENCY AND PREVENTING THE USE OF ABUSIVE SPREAD PRICING AND RELATED PRACTICES IN MEDICAID. (a) Pass-Through Pricing Required.-- (1) In general.--Section 1927(e) of the Social Security Act (42 U.S.C. 1396r-8(e)) is amended by adding at the end the following: ``(6) Pass-through pricing required.--A contract between the State and a pharmacy benefit manager (referred to in this paragraph as a `PBM'), or a contract between the State and a managed care entity or other specified entity (as such terms are defined in section 1903(m)(9)(D)) that includes provisions making the entity responsible for coverage of covered outpatient drugs dispensed to individuals enrolled with the entity, shall require that payment for such drugs and related administrative services (as applicable), including payments made by a PBM on behalf of the State or entity, is based on a pass-through pricing model under which-- ``(A) any payment made by the entity or the PBM (as applicable) for such a drug-- ``(i) is limited to-- ``(I) ingredient cost; and ``(II) a professional dispensing fee that is not less than the professional dispensing fee that the State plan or waiver would pay if the plan or waiver was making the payment directly; ``(ii) is passed through in its entirety by the entity or PBM to the pharmacy or provider that dispenses the drug; and ``(iii) is made in a manner that is consistent with section 1902(a)(30)(A) and sections 447.512, 447.514, and 447.518 of title 42, Code of Federal Regulations (or any successor regulation) as if such requirements applied directly to the entity or the PBM, except that any payment by the entity or the PBM (as applicable) for the ingredient cost of a covered outpatient drug dispensed by providers and pharmacies referenced in clauses (i) or (ii) of section 447.518(a)(1) of title 42, Code of Federal Regulations (or any successor regulation) shall be the same as the payment amount for the ingredient cost when dispensed by providers and pharmacies not referenced in such clauses, and in no case shall payment for the ingredient cost of a covered outpatient drug be based on the actual acquisition cost of a drug dispensed by providers and pharmacies referenced in such clauses or take into account a drug's status as a drug purchased at a discounted price by a provider or pharmacy referenced in such clauses; ``(B) payment to the entity or the PBM (as applicable) for administrative services performed by the entity or PBM is limited to a reasonable administrative fee that covers the reasonable cost of providing such services; ``(C) the entity or the PBM (as applicable) shall make available to the State, and the Secretary upon request, all costs and payments related to covered outpatient drugs and accompanying administrative services incurred, received, or made by the entity or the PBM, including ingredient costs, professional dispensing fees, administrative fees, post-sale and post-invoice fees, discounts, or related adjustments such as direct and indirect remuneration fees, and any and all other remuneration; and ``(D) any form of spread pricing whereby any amount charged or claimed by the entity or the PBM (as applicable) is in excess of the amount paid to the pharmacies on behalf of the entity, including any post- sale or post-invoice fees, discounts, or related adjustments such as direct and indirect remuneration fees or assessments (after allowing for a reasonable administrative fee as described in subparagraph (B)) is not allowable for purposes of claiming Federal matching payments under this title. ``(7) Protection against mandates relating to use of 340b drugs.-- ``(A) In general.--Notwithstanding any other provision of law, no State, Medicaid managed care organization (as defined in section 1903(m)(1)(A)), or pharmacy benefit manager may prohibit a covered entity under section 340B of the Public Health Service Act, or a pharmacy under contract with a covered entity to dispense drugs on behalf of the covered entity, from dispensing covered outpatient drugs purchased under such section to individuals receiving benefits under this title and from receiving payment in accordance with this section, or require that such covered entity or pharmacy dispense covered outpatient drugs purchased under section 340B to such individuals. ``(B) Notification.--The Secretary shall notify States that States may not prohibit a provider under this title that is a covered entity under section 340B of the Public Health Services Act, or a pharmacy under contract with a covered entity, from submitting claims for reimbursement for drugs purchased under such section that are dispensed to individuals receiving benefits under this title and may not require such provider to dispense covered outpatient drugs purchased under such section to such individuals.''. (2) Conforming amendment.--Section 1903(m)(2)(A)(xiii) of such Act (42 U.S.C. 1396b(m)(2)(A)(xiii)) is amended-- (A) by striking ``and (III)'' and inserting ``(III)''; (B) by inserting before the period at the end the following: ``, and (IV) pharmacy benefit management services provided by the entity, or provided by a pharmacy benefit manager on behalf of the entity under a contract or other arrangement between the entity and the pharmacy benefit manager, shall comply with the requirements of section 1927(e)(6)''; and (C) by moving the left margin 2 ems to the left. (3) Effective date.--The amendments made by this subsection apply to contracts between States and managed care entities, other specified entities, or pharmacy benefits managers that are entered into or renewed on or after the date that is 18 months after the date of enactment of this Act. (b) Ensuring Accurate Payments to Pharmacies Under Medicaid.-- (1) In general.--Section 1927(f) of the Social Security Act (42 U.S.C. 1396r-8(f)) is amended-- (A) by striking ``and'' after the semicolon at the end of paragraph (1)(A)(i) and all that precedes it through ``(1)'' and inserting the following: ``(1) Determining pharmacy actual acquisition costs.--The Secretary shall conduct a survey of retail community pharmacy drug prices to determine the national average drug acquisition cost as follows: ``(A) Use of vendor.--The Secretary may contract services for-- ``(i) with respect to retail community pharmacies, the determination of retail survey prices of the national average drug acquisition cost for covered outpatient drugs based on a monthly survey of such pharmacies, net of all discounts and rebates (to the extent any information with respect to such discounts and rebates is available); and''; (B) by adding at the end of paragraph (1) the following: ``(F) Survey reporting.--In order to meet the requirement of section 1902(a)(54), a State shall require that any retail community pharmacy in the State that receives any payment, reimbursement, administrative fee, discount, or rebate related to the dispensing of covered outpatient drugs to individuals receiving benefits under this title, regardless of whether such payment, fee, discount, or rebate is received from the State or a managed care entity directly or from a pharmacy benefit manager or another entity that has a contract with the State or a managed care entity, shall respond to surveys of retail prices conducted under this subsection. ``(G) Survey information.--Information on retail community actual acquisition prices obtained under this paragraph shall be made publicly available and shall include at least the following: ``(i) The monthly response rate of the survey including a list of pharmacies not in compliance with subparagraph (F). ``(ii) The sampling frame and number of pharmacies sampled monthly. ``(iii) Characteristics of reporting pharmacies, including type (such as independent or chain), geographic or regional location, and dispensing volume. ``(iv) Reporting of a separate national average drug acquisition cost for each drug for independent retail pharmacies and chain pharmacies. ``(v) Information on price concessions including on and off invoice discounts, rebates, and other price concessions to the extent that such information is available during the survey period. ``(vi) Information on average professional dispensing fees paid. ``(H) Report on specialty pharmacies.-- ``(i) In general.--Not later than 1 year after the effective date of this subparagraph, the Secretary shall submit a report to Congress examining specialty drug coverage and reimbursement under this title. ``(ii) Content of report.--Such report shall include a description of how State Medicaid programs define specialty drugs, how much State Medicaid programs pay for specialty drugs, how States and managed care plans determine payment for specialty drugs, the settings in which specialty drugs are dispensed (such as retail community pharmacies or specialty pharmacies), whether acquisition costs for specialty drugs are captured in the national average drug acquisition cost survey, and recommendations as to whether specialty pharmacies should be included in the survey of retail prices to ensure national average drug acquisition costs capture drugs sold at specialty pharmacies and how such specialty pharmacies should be defined.''; (C) in paragraph (2)-- (i) in subparagraph (A), by inserting ``, including payments rates under Medicaid managed care plans,'' after ``under this title''; and (ii) in subparagraph (B), by inserting ``and the basis for such dispensing fees'' before the semicolon; and (D) in paragraph (4), by inserting ``, and $5,000,000 for fiscal year 2023 and each fiscal year thereafter,'' after ``2010''. (2) Effective date.--The amendments made by this subsection take effect on the first day of the first quarter that begins on or after the date that is 18 months after the date of enactment of this Act. <all>

Drug Price Transparency in Medicaid Act of 2021

To amend title XIX of the Social Security Act to improve transparency and prevent the use of abusive spread pricing and related practices in the Medicaid program.

Drug Price Transparency in Medicaid Act of 2021

Rep. Carter, Earl L. "Buddy"

R

GA

This bill requires pass-through pricing models, and prohibits spread-pricing, for payment arrangements with pharmacy benefit managers under Medicaid. The bill also extends funding for retail pharmacy surveys and requires additional information with respect to price concessions, dispensing fees, and survey participation to be made publicly available.

2. IMPROVING TRANSPARENCY AND PREVENTING THE USE OF ABUSIVE SPREAD PRICING AND RELATED PRACTICES IN MEDICAID. ``(B) Notification.--The Secretary shall notify States that States may not prohibit a provider under this title that is a covered entity under section 340B of the Public Health Services Act, or a pharmacy under contract with a covered entity, from submitting claims for reimbursement for drugs purchased under such section that are dispensed to individuals receiving benefits under this title and may not require such provider to dispense covered outpatient drugs purchased under such section to such individuals.''. (b) Ensuring Accurate Payments to Pharmacies Under Medicaid.-- (1) In general.--Section 1927(f) of the Social Security Act (42 U.S.C. ``(iv) Reporting of a separate national average drug acquisition cost for each drug for independent retail pharmacies and chain pharmacies. ``(v) Information on price concessions including on and off invoice discounts, rebates, and other price concessions to the extent that such information is available during the survey period. ``(vi) Information on average professional dispensing fees paid. ``(ii) Content of report.--Such report shall include a description of how State Medicaid programs define specialty drugs, how much State Medicaid programs pay for specialty drugs, how States and managed care plans determine payment for specialty drugs, the settings in which specialty drugs are dispensed (such as retail community pharmacies or specialty pharmacies), whether acquisition costs for specialty drugs are captured in the national average drug acquisition cost survey, and recommendations as to whether specialty pharmacies should be included in the survey of retail prices to ensure national average drug acquisition costs capture drugs sold at specialty pharmacies and how such specialty pharmacies should be defined. ''; (C) in paragraph (2)-- (i) in subparagraph (A), by inserting ``, including payments rates under Medicaid managed care plans,'' after ``under this title''; and (ii) in subparagraph (B), by inserting ``and the basis for such dispensing fees'' before the semicolon; and (D) in paragraph (4), by inserting ``, and $5,000,000 for fiscal year 2023 and each fiscal year thereafter,'' after ``2010''. (2) Effective date.--The amendments made by this subsection take effect on the first day of the first quarter that begins on or after the date that is 18 months after the date of enactment of this Act.

2. IMPROVING TRANSPARENCY AND PREVENTING THE USE OF ABUSIVE SPREAD PRICING AND RELATED PRACTICES IN MEDICAID. ``(B) Notification.--The Secretary shall notify States that States may not prohibit a provider under this title that is a covered entity under section 340B of the Public Health Services Act, or a pharmacy under contract with a covered entity, from submitting claims for reimbursement for drugs purchased under such section that are dispensed to individuals receiving benefits under this title and may not require such provider to dispense covered outpatient drugs purchased under such section to such individuals.''. (b) Ensuring Accurate Payments to Pharmacies Under Medicaid.-- (1) In general.--Section 1927(f) of the Social Security Act (42 U.S.C. ``(iv) Reporting of a separate national average drug acquisition cost for each drug for independent retail pharmacies and chain pharmacies. ``(v) Information on price concessions including on and off invoice discounts, rebates, and other price concessions to the extent that such information is available during the survey period. ``(vi) Information on average professional dispensing fees paid. ''; (C) in paragraph (2)-- (i) in subparagraph (A), by inserting ``, including payments rates under Medicaid managed care plans,'' after ``under this title''; and (ii) in subparagraph (B), by inserting ``and the basis for such dispensing fees'' before the semicolon; and (D) in paragraph (4), by inserting ``, and $5,000,000 for fiscal year 2023 and each fiscal year thereafter,'' after ``2010''. (2) Effective date.--The amendments made by this subsection take effect on the first day of the first quarter that begins on or after the date that is 18 months after the date of enactment of this Act.

2. IMPROVING TRANSPARENCY AND PREVENTING THE USE OF ABUSIVE SPREAD PRICING AND RELATED PRACTICES IN MEDICAID. ``(B) Notification.--The Secretary shall notify States that States may not prohibit a provider under this title that is a covered entity under section 340B of the Public Health Services Act, or a pharmacy under contract with a covered entity, from submitting claims for reimbursement for drugs purchased under such section that are dispensed to individuals receiving benefits under this title and may not require such provider to dispense covered outpatient drugs purchased under such section to such individuals.''. (b) Ensuring Accurate Payments to Pharmacies Under Medicaid.-- (1) In general.--Section 1927(f) of the Social Security Act (42 U.S.C. ``(iv) Reporting of a separate national average drug acquisition cost for each drug for independent retail pharmacies and chain pharmacies. ``(v) Information on price concessions including on and off invoice discounts, rebates, and other price concessions to the extent that such information is available during the survey period. ``(vi) Information on average professional dispensing fees paid. ``(ii) Content of report.--Such report shall include a description of how State Medicaid programs define specialty drugs, how much State Medicaid programs pay for specialty drugs, how States and managed care plans determine payment for specialty drugs, the settings in which specialty drugs are dispensed (such as retail community pharmacies or specialty pharmacies), whether acquisition costs for specialty drugs are captured in the national average drug acquisition cost survey, and recommendations as to whether specialty pharmacies should be included in the survey of retail prices to ensure national average drug acquisition costs capture drugs sold at specialty pharmacies and how such specialty pharmacies should be defined. ''; (C) in paragraph (2)-- (i) in subparagraph (A), by inserting ``, including payments rates under Medicaid managed care plans,'' after ``under this title''; and (ii) in subparagraph (B), by inserting ``and the basis for such dispensing fees'' before the semicolon; and (D) in paragraph (4), by inserting ``, and $5,000,000 for fiscal year 2023 and each fiscal year thereafter,'' after ``2010''. (2) Effective date.--The amendments made by this subsection take effect on the first day of the first quarter that begins on or after the date that is 18 months after the date of enactment of this Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. SEC. 2. IMPROVING TRANSPARENCY AND PREVENTING THE USE OF ABUSIVE SPREAD PRICING AND RELATED PRACTICES IN MEDICAID. 1396r-8(e)) is amended by adding at the end the following: ``(6) Pass-through pricing required.--A contract between the State and a pharmacy benefit manager (referred to in this paragraph as a `PBM'), or a contract between the State and a managed care entity or other specified entity (as such terms are defined in section 1903(m)(9)(D)) that includes provisions making the entity responsible for coverage of covered outpatient drugs dispensed to individuals enrolled with the entity, shall require that payment for such drugs and related administrative services (as applicable), including payments made by a PBM on behalf of the State or entity, is based on a pass-through pricing model under which-- ``(A) any payment made by the entity or the PBM (as applicable) for such a drug-- ``(i) is limited to-- ``(I) ingredient cost; and ``(II) a professional dispensing fee that is not less than the professional dispensing fee that the State plan or waiver would pay if the plan or waiver was making the payment directly; ``(ii) is passed through in its entirety by the entity or PBM to the pharmacy or provider that dispenses the drug; and ``(iii) is made in a manner that is consistent with section 1902(a)(30)(A) and sections 447.512, 447.514, and 447.518 of title 42, Code of Federal Regulations (or any successor regulation) as if such requirements applied directly to the entity or the PBM, except that any payment by the entity or the PBM (as applicable) for the ingredient cost of a covered outpatient drug dispensed by providers and pharmacies referenced in clauses (i) or (ii) of section 447.518(a)(1) of title 42, Code of Federal Regulations (or any successor regulation) shall be the same as the payment amount for the ingredient cost when dispensed by providers and pharmacies not referenced in such clauses, and in no case shall payment for the ingredient cost of a covered outpatient drug be based on the actual acquisition cost of a drug dispensed by providers and pharmacies referenced in such clauses or take into account a drug's status as a drug purchased at a discounted price by a provider or pharmacy referenced in such clauses; ``(B) payment to the entity or the PBM (as applicable) for administrative services performed by the entity or PBM is limited to a reasonable administrative fee that covers the reasonable cost of providing such services; ``(C) the entity or the PBM (as applicable) shall make available to the State, and the Secretary upon request, all costs and payments related to covered outpatient drugs and accompanying administrative services incurred, received, or made by the entity or the PBM, including ingredient costs, professional dispensing fees, administrative fees, post-sale and post-invoice fees, discounts, or related adjustments such as direct and indirect remuneration fees, and any and all other remuneration; and ``(D) any form of spread pricing whereby any amount charged or claimed by the entity or the PBM (as applicable) is in excess of the amount paid to the pharmacies on behalf of the entity, including any post- sale or post-invoice fees, discounts, or related adjustments such as direct and indirect remuneration fees or assessments (after allowing for a reasonable administrative fee as described in subparagraph (B)) is not allowable for purposes of claiming Federal matching payments under this title. ``(B) Notification.--The Secretary shall notify States that States may not prohibit a provider under this title that is a covered entity under section 340B of the Public Health Services Act, or a pharmacy under contract with a covered entity, from submitting claims for reimbursement for drugs purchased under such section that are dispensed to individuals receiving benefits under this title and may not require such provider to dispense covered outpatient drugs purchased under such section to such individuals.''. (b) Ensuring Accurate Payments to Pharmacies Under Medicaid.-- (1) In general.--Section 1927(f) of the Social Security Act (42 U.S.C. ``(ii) The sampling frame and number of pharmacies sampled monthly. ``(iii) Characteristics of reporting pharmacies, including type (such as independent or chain), geographic or regional location, and dispensing volume. ``(iv) Reporting of a separate national average drug acquisition cost for each drug for independent retail pharmacies and chain pharmacies. ``(v) Information on price concessions including on and off invoice discounts, rebates, and other price concessions to the extent that such information is available during the survey period. ``(vi) Information on average professional dispensing fees paid. ``(ii) Content of report.--Such report shall include a description of how State Medicaid programs define specialty drugs, how much State Medicaid programs pay for specialty drugs, how States and managed care plans determine payment for specialty drugs, the settings in which specialty drugs are dispensed (such as retail community pharmacies or specialty pharmacies), whether acquisition costs for specialty drugs are captured in the national average drug acquisition cost survey, and recommendations as to whether specialty pharmacies should be included in the survey of retail prices to ensure national average drug acquisition costs capture drugs sold at specialty pharmacies and how such specialty pharmacies should be defined. ''; (C) in paragraph (2)-- (i) in subparagraph (A), by inserting ``, including payments rates under Medicaid managed care plans,'' after ``under this title''; and (ii) in subparagraph (B), by inserting ``and the basis for such dispensing fees'' before the semicolon; and (D) in paragraph (4), by inserting ``, and $5,000,000 for fiscal year 2023 and each fiscal year thereafter,'' after ``2010''. (2) Effective date.--The amendments made by this subsection take effect on the first day of the first quarter that begins on or after the date that is 18 months after the date of enactment of this Act.

To amend title XIX of the Social Security Act to improve transparency and prevent the use of abusive spread pricing and related practices in the Medicaid program. a) Pass-Through Pricing Required.-- (1) In general.--Section 1927(e) of the Social Security Act (42 U.S.C. ``(B) Notification.--The Secretary shall notify States that States may not prohibit a provider under this title that is a covered entity under section 340B of the Public Health Services Act, or a pharmacy under contract with a covered entity, from submitting claims for reimbursement for drugs purchased under such section that are dispensed to individuals receiving benefits under this title and may not require such provider to dispense covered outpatient drugs purchased under such section to such individuals.''. ( 2) Conforming amendment.--Section 1903(m)(2)(A)(xiii) of such Act (42 U.S.C. 1396b(m)(2)(A)(xiii)) is amended-- (A) by striking ``and (III)'' and inserting ``(III)''; (B) by inserting before the period at the end the following: ``, and (IV) pharmacy benefit management services provided by the entity, or provided by a pharmacy benefit manager on behalf of the entity under a contract or other arrangement between the entity and the pharmacy benefit manager, shall comply with the requirements of section 1927(e)(6)''; and (C) by moving the left margin 2 ems to the left. ( 3) Effective date.--The amendments made by this subsection apply to contracts between States and managed care entities, other specified entities, or pharmacy benefits managers that are entered into or renewed on or after the date that is 18 months after the date of enactment of this Act. ( ``(G) Survey information.--Information on retail community actual acquisition prices obtained under this paragraph shall be made publicly available and shall include at least the following: ``(i) The monthly response rate of the survey including a list of pharmacies not in compliance with subparagraph (F). ``(vi) Information on average professional dispensing fees paid. C) in paragraph (2)-- (i) in subparagraph (A), by inserting ``, including payments rates under Medicaid managed care plans,'' after ``under this title''; and (ii) in subparagraph (B), by inserting ``and the basis for such dispensing fees'' before the semicolon; and (D) in paragraph (4), by inserting ``, and $5,000,000 for fiscal year 2023 and each fiscal year thereafter,'' after ``2010''. ( 2) Effective date.--The amendments made by this subsection take effect on the first day of the first quarter that begins on or after the date that is 18 months after the date of enactment of this Act.

To amend title XIX of the Social Security Act to improve transparency and prevent the use of abusive spread pricing and related practices in the Medicaid program. a) Pass-Through Pricing Required.-- (1) In general.--Section 1927(e) of the Social Security Act (42 U.S.C. ``(B) Notification.--The Secretary shall notify States that States may not prohibit a provider under this title that is a covered entity under section 340B of the Public Health Services Act, or a pharmacy under contract with a covered entity, from submitting claims for reimbursement for drugs purchased under such section that are dispensed to individuals receiving benefits under this title and may not require such provider to dispense covered outpatient drugs purchased under such section to such individuals.''. ( 2) Conforming amendment.--Section 1903(m)(2)(A)(xiii) of such Act (42 U.S.C. 1396b(m)(2)(A)(xiii)) is amended-- (A) by striking ``and (III)'' and inserting ``(III)''; (B) by inserting before the period at the end the following: ``, and (IV) pharmacy benefit management services provided by the entity, or provided by a pharmacy benefit manager on behalf of the entity under a contract or other arrangement between the entity and the pharmacy benefit manager, shall comply with the requirements of section 1927(e)(6)''; and (C) by moving the left margin 2 ems to the left. ( ``(G) Survey information.--Information on retail community actual acquisition prices obtained under this paragraph shall be made publicly available and shall include at least the following: ``(i) The monthly response rate of the survey including a list of pharmacies not in compliance with subparagraph (F). ``(vi) Information on average professional dispensing fees paid. ``(H) Report on specialty pharmacies.-- ``(i) In general.--Not later than 1 year after the effective date of this subparagraph, the Secretary shall submit a report to Congress examining specialty drug coverage and reimbursement under this title. C) in paragraph (2)-- (i) in subparagraph (A), by inserting ``, including payments rates under Medicaid managed care plans,'' after ``under this title''; and (ii) in subparagraph (B), by inserting ``and the basis for such dispensing fees'' before the semicolon; and (D) in paragraph (4), by inserting ``, and $5,000,000 for fiscal year 2023 and each fiscal year thereafter,'' after ``2010''. (

To amend title XIX of the Social Security Act to improve transparency and prevent the use of abusive spread pricing and related practices in the Medicaid program. a) Pass-Through Pricing Required.-- (1) In general.--Section 1927(e) of the Social Security Act (42 U.S.C. ``(B) Notification.--The Secretary shall notify States that States may not prohibit a provider under this title that is a covered entity under section 340B of the Public Health Services Act, or a pharmacy under contract with a covered entity, from submitting claims for reimbursement for drugs purchased under such section that are dispensed to individuals receiving benefits under this title and may not require such provider to dispense covered outpatient drugs purchased under such section to such individuals.''. ( 2) Conforming amendment.--Section 1903(m)(2)(A)(xiii) of such Act (42 U.S.C. 1396b(m)(2)(A)(xiii)) is amended-- (A) by striking ``and (III)'' and inserting ``(III)''; (B) by inserting before the period at the end the following: ``, and (IV) pharmacy benefit management services provided by the entity, or provided by a pharmacy benefit manager on behalf of the entity under a contract or other arrangement between the entity and the pharmacy benefit manager, shall comply with the requirements of section 1927(e)(6)''; and (C) by moving the left margin 2 ems to the left. ( ``(G) Survey information.--Information on retail community actual acquisition prices obtained under this paragraph shall be made publicly available and shall include at least the following: ``(i) The monthly response rate of the survey including a list of pharmacies not in compliance with subparagraph (F). ``(vi) Information on average professional dispensing fees paid. ``(H) Report on specialty pharmacies.-- ``(i) In general.--Not later than 1 year after the effective date of this subparagraph, the Secretary shall submit a report to Congress examining specialty drug coverage and reimbursement under this title. C) in paragraph (2)-- (i) in subparagraph (A), by inserting ``, including payments rates under Medicaid managed care plans,'' after ``under this title''; and (ii) in subparagraph (B), by inserting ``and the basis for such dispensing fees'' before the semicolon; and (D) in paragraph (4), by inserting ``, and $5,000,000 for fiscal year 2023 and each fiscal year thereafter,'' after ``2010''. (

To amend title XIX of the Social Security Act to improve transparency and prevent the use of abusive spread pricing and related practices in the Medicaid program. a) Pass-Through Pricing Required.-- (1) In general.--Section 1927(e) of the Social Security Act (42 U.S.C. ``(B) Notification.--The Secretary shall notify States that States may not prohibit a provider under this title that is a covered entity under section 340B of the Public Health Services Act, or a pharmacy under contract with a covered entity, from submitting claims for reimbursement for drugs purchased under such section that are dispensed to individuals receiving benefits under this title and may not require such provider to dispense covered outpatient drugs purchased under such section to such individuals.''. ( 2) Conforming amendment.--Section 1903(m)(2)(A)(xiii) of such Act (42 U.S.C. 1396b(m)(2)(A)(xiii)) is amended-- (A) by striking ``and (III)'' and inserting ``(III)''; (B) by inserting before the period at the end the following: ``, and (IV) pharmacy benefit management services provided by the entity, or provided by a pharmacy benefit manager on behalf of the entity under a contract or other arrangement between the entity and the pharmacy benefit manager, shall comply with the requirements of section 1927(e)(6)''; and (C) by moving the left margin 2 ems to the left. ( 3) Effective date.--The amendments made by this subsection apply to contracts between States and managed care entities, other specified entities, or pharmacy benefits managers that are entered into or renewed on or after the date that is 18 months after the date of enactment of this Act. ( ``(G) Survey information.--Information on retail community actual acquisition prices obtained under this paragraph shall be made publicly available and shall include at least the following: ``(i) The monthly response rate of the survey including a list of pharmacies not in compliance with subparagraph (F). ``(vi) Information on average professional dispensing fees paid. C) in paragraph (2)-- (i) in subparagraph (A), by inserting ``, including payments rates under Medicaid managed care plans,'' after ``under this title''; and (ii) in subparagraph (B), by inserting ``and the basis for such dispensing fees'' before the semicolon; and (D) in paragraph (4), by inserting ``, and $5,000,000 for fiscal year 2023 and each fiscal year thereafter,'' after ``2010''. ( 2) Effective date.--The amendments made by this subsection take effect on the first day of the first quarter that begins on or after the date that is 18 months after the date of enactment of this Act.

To amend title XIX of the Social Security Act to improve transparency and prevent the use of abusive spread pricing and related practices in the Medicaid program. a) Pass-Through Pricing Required.-- (1) In general.--Section 1927(e) of the Social Security Act (42 U.S.C. ``(B) Notification.--The Secretary shall notify States that States may not prohibit a provider under this title that is a covered entity under section 340B of the Public Health Services Act, or a pharmacy under contract with a covered entity, from submitting claims for reimbursement for drugs purchased under such section that are dispensed to individuals receiving benefits under this title and may not require such provider to dispense covered outpatient drugs purchased under such section to such individuals.''. ( 2) Conforming amendment.--Section 1903(m)(2)(A)(xiii) of such Act (42 U.S.C. 1396b(m)(2)(A)(xiii)) is amended-- (A) by striking ``and (III)'' and inserting ``(III)''; (B) by inserting before the period at the end the following: ``, and (IV) pharmacy benefit management services provided by the entity, or provided by a pharmacy benefit manager on behalf of the entity under a contract or other arrangement between the entity and the pharmacy benefit manager, shall comply with the requirements of section 1927(e)(6)''; and (C) by moving the left margin 2 ems to the left. ( ``(G) Survey information.--Information on retail community actual acquisition prices obtained under this paragraph shall be made publicly available and shall include at least the following: ``(i) The monthly response rate of the survey including a list of pharmacies not in compliance with subparagraph (F). ``(vi) Information on average professional dispensing fees paid. ``(H) Report on specialty pharmacies.-- ``(i) In general.--Not later than 1 year after the effective date of this subparagraph, the Secretary shall submit a report to Congress examining specialty drug coverage and reimbursement under this title. C) in paragraph (2)-- (i) in subparagraph (A), by inserting ``, including payments rates under Medicaid managed care plans,'' after ``under this title''; and (ii) in subparagraph (B), by inserting ``and the basis for such dispensing fees'' before the semicolon; and (D) in paragraph (4), by inserting ``, and $5,000,000 for fiscal year 2023 and each fiscal year thereafter,'' after ``2010''. (

To amend title XIX of the Social Security Act to improve transparency and prevent the use of abusive spread pricing and related practices in the Medicaid program. a) Pass-Through Pricing Required.-- (1) In general.--Section 1927(e) of the Social Security Act (42 U.S.C. ``(B) Notification.--The Secretary shall notify States that States may not prohibit a provider under this title that is a covered entity under section 340B of the Public Health Services Act, or a pharmacy under contract with a covered entity, from submitting claims for reimbursement for drugs purchased under such section that are dispensed to individuals receiving benefits under this title and may not require such provider to dispense covered outpatient drugs purchased under such section to such individuals.''. ( 2) Conforming amendment.--Section 1903(m)(2)(A)(xiii) of such Act (42 U.S.C. 1396b(m)(2)(A)(xiii)) is amended-- (A) by striking ``and (III)'' and inserting ``(III)''; (B) by inserting before the period at the end the following: ``, and (IV) pharmacy benefit management services provided by the entity, or provided by a pharmacy benefit manager on behalf of the entity under a contract or other arrangement between the entity and the pharmacy benefit manager, shall comply with the requirements of section 1927(e)(6)''; and (C) by moving the left margin 2 ems to the left. ( 3) Effective date.--The amendments made by this subsection apply to contracts between States and managed care entities, other specified entities, or pharmacy benefits managers that are entered into or renewed on or after the date that is 18 months after the date of enactment of this Act. ( ``(G) Survey information.--Information on retail community actual acquisition prices obtained under this paragraph shall be made publicly available and shall include at least the following: ``(i) The monthly response rate of the survey including a list of pharmacies not in compliance with subparagraph (F). ``(vi) Information on average professional dispensing fees paid. C) in paragraph (2)-- (i) in subparagraph (A), by inserting ``, including payments rates under Medicaid managed care plans,'' after ``under this title''; and (ii) in subparagraph (B), by inserting ``and the basis for such dispensing fees'' before the semicolon; and (D) in paragraph (4), by inserting ``, and $5,000,000 for fiscal year 2023 and each fiscal year thereafter,'' after ``2010''. ( 2) Effective date.--The amendments made by this subsection take effect on the first day of the first quarter that begins on or after the date that is 18 months after the date of enactment of this Act.

To amend title XIX of the Social Security Act to improve transparency and prevent the use of abusive spread pricing and related practices in the Medicaid program. a) Pass-Through Pricing Required.-- (1) In general.--Section 1927(e) of the Social Security Act (42 U.S.C. ``(B) Notification.--The Secretary shall notify States that States may not prohibit a provider under this title that is a covered entity under section 340B of the Public Health Services Act, or a pharmacy under contract with a covered entity, from submitting claims for reimbursement for drugs purchased under such section that are dispensed to individuals receiving benefits under this title and may not require such provider to dispense covered outpatient drugs purchased under such section to such individuals.''. ( 2) Conforming amendment.--Section 1903(m)(2)(A)(xiii) of such Act (42 U.S.C. 1396b(m)(2)(A)(xiii)) is amended-- (A) by striking ``and (III)'' and inserting ``(III)''; (B) by inserting before the period at the end the following: ``, and (IV) pharmacy benefit management services provided by the entity, or provided by a pharmacy benefit manager on behalf of the entity under a contract or other arrangement between the entity and the pharmacy benefit manager, shall comply with the requirements of section 1927(e)(6)''; and (C) by moving the left margin 2 ems to the left. ( ``(G) Survey information.--Information on retail community actual acquisition prices obtained under this paragraph shall be made publicly available and shall include at least the following: ``(i) The monthly response rate of the survey including a list of pharmacies not in compliance with subparagraph (F). ``(vi) Information on average professional dispensing fees paid. ``(H) Report on specialty pharmacies.-- ``(i) In general.--Not later than 1 year after the effective date of this subparagraph, the Secretary shall submit a report to Congress examining specialty drug coverage and reimbursement under this title. C) in paragraph (2)-- (i) in subparagraph (A), by inserting ``, including payments rates under Medicaid managed care plans,'' after ``under this title''; and (ii) in subparagraph (B), by inserting ``and the basis for such dispensing fees'' before the semicolon; and (D) in paragraph (4), by inserting ``, and $5,000,000 for fiscal year 2023 and each fiscal year thereafter,'' after ``2010''. (

To amend title XIX of the Social Security Act to improve transparency and prevent the use of abusive spread pricing and related practices in the Medicaid program. a) Pass-Through Pricing Required.-- (1) In general.--Section 1927(e) of the Social Security Act (42 U.S.C. ``(B) Notification.--The Secretary shall notify States that States may not prohibit a provider under this title that is a covered entity under section 340B of the Public Health Services Act, or a pharmacy under contract with a covered entity, from submitting claims for reimbursement for drugs purchased under such section that are dispensed to individuals receiving benefits under this title and may not require such provider to dispense covered outpatient drugs purchased under such section to such individuals.''. ( 2) Conforming amendment.--Section 1903(m)(2)(A)(xiii) of such Act (42 U.S.C. 1396b(m)(2)(A)(xiii)) is amended-- (A) by striking ``and (III)'' and inserting ``(III)''; (B) by inserting before the period at the end the following: ``, and (IV) pharmacy benefit management services provided by the entity, or provided by a pharmacy benefit manager on behalf of the entity under a contract or other arrangement between the entity and the pharmacy benefit manager, shall comply with the requirements of section 1927(e)(6)''; and (C) by moving the left margin 2 ems to the left. ( 3) Effective date.--The amendments made by this subsection apply to contracts between States and managed care entities, other specified entities, or pharmacy benefits managers that are entered into or renewed on or after the date that is 18 months after the date of enactment of this Act. ( ``(G) Survey information.--Information on retail community actual acquisition prices obtained under this paragraph shall be made publicly available and shall include at least the following: ``(i) The monthly response rate of the survey including a list of pharmacies not in compliance with subparagraph (F). ``(vi) Information on average professional dispensing fees paid. C) in paragraph (2)-- (i) in subparagraph (A), by inserting ``, including payments rates under Medicaid managed care plans,'' after ``under this title''; and (ii) in subparagraph (B), by inserting ``and the basis for such dispensing fees'' before the semicolon; and (D) in paragraph (4), by inserting ``, and $5,000,000 for fiscal year 2023 and each fiscal year thereafter,'' after ``2010''. ( 2) Effective date.--The amendments made by this subsection take effect on the first day of the first quarter that begins on or after the date that is 18 months after the date of enactment of this Act.

To amend title XIX of the Social Security Act to improve transparency and prevent the use of abusive spread pricing and related practices in the Medicaid program. ``(H) Report on specialty pharmacies.-- ``(i) In general.--Not later than 1 year after the effective date of this subparagraph, the Secretary shall submit a report to Congress examining specialty drug coverage and reimbursement under this title. C) in paragraph (2)-- (i) in subparagraph (A), by inserting ``, including payments rates under Medicaid managed care plans,'' after ``under this title''; and (ii) in subparagraph (B), by inserting ``and the basis for such dispensing fees'' before the semicolon; and (D) in paragraph (4), by inserting ``, and $5,000,000 for fiscal year 2023 and each fiscal year thereafter,'' after ``2010''. (

To amend title XIX of the Social Security Act to improve transparency and prevent the use of abusive spread pricing and related practices in the Medicaid program. 2) Conforming amendment.--Section 1903(m)(2)(A)(xiii) of such Act (42 U.S.C. 1396b(m)(2)(A)(xiii)) is amended-- (A) by striking ``and (III)'' and inserting ``(III)''; (B) by inserting before the period at the end the following: ``, and (IV) pharmacy benefit management services provided by the entity, or provided by a pharmacy benefit manager on behalf of the entity under a contract or other arrangement between the entity and the pharmacy benefit manager, shall comply with the requirements of section 1927(e)(6)''; and (C) by moving the left margin 2 ems to the left. ( 3) Effective date.--The amendments made by this subsection apply to contracts between States and managed care entities, other specified entities, or pharmacy benefits managers that are entered into or renewed on or after the date that is 18 months after the date of enactment of this Act. ( ``(G) Survey information.--Information on retail community actual acquisition prices obtained under this paragraph shall be made publicly available and shall include at least the following: ``(i) The monthly response rate of the survey including a list of pharmacies not in compliance with subparagraph (F).

Drug Price Transparency in Medicaid Act of 2021 This bill amends title XIX (Medicaid) of the Social Security Act to require a contract between the state and a pharmacy benefit manager (PBM) or a contract with a managed care entity or other specified entity that includes provisions making the entity responsible for coverage of covered outpatient drugs dispensed to individuals enrolled with the entity to require that payment Amends title XIX (Medicaid) of the Social Security Act to direct the Secretary of Health and Human Services (HHS) to: (1) conduct a survey of retail community pharmacy drug prices to determine the national average drug acquisition cost for covered outpatient drugs; and (2) require a state to require that any retail pharmacy in the state that receives any payment, reimbursement,

H.R.5313

Commerce

Reese's Law This act requires the Consumer Product Safety Commission (CPSC) to establish a product safety standard with respect to batteries that pose an ingestion hazard (i.e., button cell or coin batteries) and consumer products containing the batteries. Specifically, the batteries and consumer products with these batteries must include a warning label that clearly identifies the hazard of ingestion and instructs consumers to keep the batteries out of the reach of children, seek immediate medical attention if a battery is ingested, and follow any other consensus medical advice. Consumer products containing the batteries must also include a battery compartment that eliminates or adequately reduces the risk of injury from battery ingestion by children who are six years of age or younger. Additionally, such batteries, if sold separately or included separately with a product, must comply with federal child-resistant packaging regulations. The act exempts from these requirements (1) toy products that are in compliance with certain existing battery accessibility and labeling requirements, and (2) batteries that are in compliance with the marking and packaging provisions of the American National Standards Institute (ANSI) Safety Standard for Portable Lithium Primary Cells and Batteries. The act also provides for compliance with the requirements by relying on a voluntary standard that is approved by the CPSC before it establishes the standard required by this act.

[117th Congress Public Law 171] [From the U.S. Government Publishing Office] [[Page 2093]] REESE'S LAW [[Page 136 STAT. 2094]] Public Law 117-171 117th Congress An Act To protect children and other consumers against hazards associated with the accidental ingestion of button cell or coin batteries by requiring the Consumer Product Safety Commission to promulgate a consumer product safety standard to require child-resistant closures on consumer products that use such batteries, and for other purposes. <<NOTE: Aug. 16, 2022 - [H.R. 5313]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Reese's Law.>> SECTION 1. <<NOTE: 15 USC 2051 note.>> SHORT TITLE. This Act may be cited as ``Reese's Law''. SEC. 2. <<NOTE: 15 USC 2056e.>> CONSUMER PRODUCT SAFETY STANDARD FOR BUTTON CELL OR COIN BATTERIES AND CONSUMER PRODUCTS CONTAINING SUCH BATTERIES. (a) <<NOTE: Deadline.>> In General.--Not later than 1 year after the date of the enactment of this Act, the Commission shall, in accordance with section 553 of title 5, United States Code, promulgate a final consumer product safety standard for button cell or coin batteries and consumer products containing button cell or coin batteries that shall only contain-- (1) a performance standard requiring the button cell or coin battery compartments of a consumer product containing button cell or coin batteries to be secured in a manner that would eliminate or adequately reduce the risk of injury from button or coin cell battery ingestion by children that are 6 years of age or younger during reasonably foreseeable use or misuse conditions; and (2) <<NOTE: Labeling. Requirements.>> warning label requirements-- (A) to be included on the packaging of button cell or coin batteries and the packaging of a consumer product containing button cell or coin batteries; (B) to be included in any literature, such as a user manual, that accompanies a consumer product containing button cell or coin batteries; and (C) to be included, as practicable-- (i) directly on a consumer product containing button cell or coin batteries in a manner that is visible to the consumer upon installation or replacement of the button cell or coin battery; or (ii) in the case of a product for which the battery is not intended to be replaced or installed by the consumer, to be included directly on the consumer product in a manner that is visible to the consumer upon access to the battery compartment, except that if it [[Page 136 STAT. 2095]] is impracticable to label the product, this information shall be placed on the packaging or instructions. (b) Requirements for Warning Labels.--Warning labels required under subsection (a)(2) shall-- (1) clearly identify the hazard of ingestion; and (2) instruct consumers, as practicable, to keep new and used batteries out of the reach of children, to seek immediate medical attention if a battery is ingested, and to follow any other consensus medical advice. (c) Treatment of Standard for Enforcement Purposes.--A consumer product safety standard promulgated under subsection (a) shall be treated as a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058). (d) Exception for Reliance on Voluntary Standard.-- (1) Before promulgation of standard by commission.-- Subsection (a) <<NOTE: Determination.>> shall not apply if the Commission determines, before the Commission promulgates a final consumer product safety standard under such subsection, that-- (A) with respect to any consumer product for which there is a voluntary consumer product safety standard that meets the requirements for a standard promulgated under subsection (a) with respect to such product; and (B) the voluntary standard described in subparagraph (A)-- (i) is in effect at the time of the determination by the Commission; or (ii) <<NOTE: Deadline.>> will be in effect not later than the date that is 180 days after the date of the enactment of this Act. (2) Determination required to be published in federal register.--Any determination made by the Commission under this subsection shall be published in the Federal Register. (e) Treatment of Voluntary Standard for Enforcement Purposes.-- (1) In general.--If the Commission makes a determination under subsection (d) with respect to a voluntary standard, the requirements of such voluntary standard shall be treated as a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058) beginning on the date described in paragraph (2). (2) Date described.--The date described in this paragraph is the later of-- (A) the date of the determination of the Commission under subsection (d) with respect to the voluntary standard described in paragraph (1); or (B) the effective date contained in the voluntary standard described in paragraph (1). (f) Revision of Voluntary Standard.-- (1) Notice to commission.--If a voluntary standard with respect to which the Commission has made a determination under subsection (d) is subsequently revised, the organization that revised the standard shall notify the Commission after the final approval of the revision. (2) <<NOTE: Deadline. Notification. Determination.>> Effective date of revision.--Beginning on the date that is 180 days after the Commission is notified of a revised voluntary standard described in paragraph (1) (or such later [[Page 136 STAT. 2096]] date as the Commission determines appropriate), such revised voluntary standard in whole or in part shall be considered to be a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058), in place of the prior version, unless, within 90 days after receiving the notice, the Commission notifies the organization that the revised voluntary standard, in whole or in part, does not improve the safety of the consumer product covered by the standard and that the Commission is retaining all or part of the existing consumer product safety standard. (g) Future Rulemaking.--At any time after the promulgation of a final consumer product safety standard under subsection (a), a voluntary standard is treated as a consumer product safety rule under subsection (e), or a revised voluntary standard becomes enforceable as a consumer product safety rule under subsection (f), the Commission may initiate a rulemaking in accordance with section 553 of title 5, United States Code, to modify the requirements of the standard or revised standard. Any rule promulgated under this subsection shall be treated as a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058). SEC. 3. <<NOTE: 15 USC 2056e note.>> CHILD-RESISTANT PACKAGING FOR BUTTON CELL OR COIN BATTERIES. (a) <<NOTE: Deadline. Determination.>> Requirement.--Not later than 180 days after the date of the enactment of this Act, any button cell or coin battery sold, offered for sale, manufactured for sale, distributed in commerce, or imported into the United States, or included separately with a consumer product sold, offered for sale, manufactured for sale, distributed in commerce, or imported into the United States, shall be packaged in accordance with the standards provided in section 1700.15 of title 16, Code of Federal Regulations (or any successor regulation), as determined through testing in accordance with the method described in section 1700.20 of title 16, Code of Federal Regulations (or any successor regulation), or another test method for button cell or coin battery packaging specified, by rule, by the Commission. (b) Applicability.--The requirement of subsection (a) shall be treated as a standard for the special packaging of a household substance established under section 3(a) of the Poison Prevention Packaging Act of 1970 (15 U.S.C. 1472(a)). SEC. 4. <<NOTE: 15 USC 2056e note.>> EXEMPTION FOR COMPLIANCE WITH EXISTING STANDARD. The standards promulgated under this Act shall not apply with respect to any toy product that is in compliance with the battery accessibility and labeling requirements of part 1250 of title 16, Code of Federal Regulations, and in reference to section 3(a), shall not apply with respect to button cell or coin batteries that are in compliance with the marking and packaging provisions of the ANSI Safety Standard for Portable Lithium Primary Cells and Batteries (ANSI C18.3M). SEC. 5. <<NOTE: 15 USC 2056e note.>> DEFINITIONS. In this Act: (1) Button cell or coin battery.--The term ``button cell or coin battery'' means-- (A) a single cell battery with a diameter greater than the height of the battery; or [[Page 136 STAT. 2097]] (B) <<NOTE: Determination.>> any other battery, regardless of the technology used to produce an electrical charge, that is determined by the Commission to pose an ingestion hazard. (2) Commission.--The term ``Commission'' means the Consumer Product Safety Commission. (3) Consumer product.--The term ``consumer product'' has the meaning given such term in section 3(a) of the Consumer Product Safety Act (15 U.S.C. 2052(a)). (4) Consumer product containing button cell or coin batteries.--The term ``consumer product containing button cell or coin batteries'' means a consumer product containing or designed to use one or more button cell or coin batteries, regardless of whether such batteries are intended to be replaced by the consumer or are included with the product or sold separately. (5) Toy product.--The term ``toy product'' means any object designed, manufactured, or marketed as a plaything for children under 14 years of age. SEC. 6. <<NOTE: 15 USC 2056e note. Applicability.>> EFFECTIVE DATE. The standard promulgated under section 2(a) and the requirements of section 3(a) shall only apply to a product that is manufactured or imported after the effective date of such standard or requirement. Approved August 16, 2022. LEGISLATIVE HISTORY--H.R. 5313: --------------------------------------------------------------------------- HOUSE REPORTS: No. 117-440 (Comm. on Energy and Commerce). CONGRESSIONAL RECORD, Vol. 168 (2022): July 26, considered in House. July 27, prior proceedings vacated; considered and passed House. Aug. 2, considered and passed Senate. <all>

Reese's Law

To protect children and other consumers against hazards associated with the accidental ingestion of button cell or coin batteries by requiring the Consumer Product Safety Commission to promulgate a consumer product safety standard to require child-resistant closures on consumer products that use such batteries, and for other purposes.

Reese’s Law Reese’s Law Reese’s Law

Rep. Kelly, Robin L.

D

IL

This act requires the Consumer Product Safety Commission (CPSC) to establish a product safety standard with respect to batteries that pose an ingestion hazard (i.e., button cell or coin batteries) and consumer products containing the batteries. Specifically, the batteries and consumer products with these batteries must include a warning label that clearly identifies the hazard of ingestion and instructs consumers to keep the batteries out of the reach of children, seek immediate medical attention if a battery is ingested, and follow any other consensus medical advice. Consumer products containing the batteries must also include a battery compartment that eliminates or adequately reduces the risk of injury from battery ingestion by children who are six years of age or younger. Additionally, such batteries, if sold separately or included separately with a product, must comply with federal child-resistant packaging regulations. The act exempts from these requirements (1) toy products that are in compliance with certain existing battery accessibility and labeling requirements, and (2) batteries that are in compliance with the marking and packaging provisions of the American National Standards Institute (ANSI) Safety Standard for Portable Lithium Primary Cells and Batteries. The act also provides for compliance with the requirements by relying on a voluntary standard that is approved by the CPSC before it establishes the standard required by this act.

[117th Congress Public Law 171] [From the U.S. Government Publishing Office] [[Page 2093]] REESE'S LAW [[Page 136 STAT. 2. <<NOTE: 15 USC 2056e.>> CONSUMER PRODUCT SAFETY STANDARD FOR BUTTON CELL OR COIN BATTERIES AND CONSUMER PRODUCTS CONTAINING SUCH BATTERIES. (b) Requirements for Warning Labels.--Warning labels required under subsection (a)(2) shall-- (1) clearly identify the hazard of ingestion; and (2) instruct consumers, as practicable, to keep new and used batteries out of the reach of children, to seek immediate medical attention if a battery is ingested, and to follow any other consensus medical advice. (2) Date described.--The date described in this paragraph is the later of-- (A) the date of the determination of the Commission under subsection (d) with respect to the voluntary standard described in paragraph (1); or (B) the effective date contained in the voluntary standard described in paragraph (1). (f) Revision of Voluntary Standard.-- (1) Notice to commission.--If a voluntary standard with respect to which the Commission has made a determination under subsection (d) is subsequently revised, the organization that revised the standard shall notify the Commission after the final approval of the revision. Notification. Any rule promulgated under this subsection shall be treated as a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058). 3. (a) <<NOTE: Deadline. Determination.>> Requirement.--Not later than 180 days after the date of the enactment of this Act, any button cell or coin battery sold, offered for sale, manufactured for sale, distributed in commerce, or imported into the United States, or included separately with a consumer product sold, offered for sale, manufactured for sale, distributed in commerce, or imported into the United States, shall be packaged in accordance with the standards provided in section 1700.15 of title 16, Code of Federal Regulations (or any successor regulation), as determined through testing in accordance with the method described in section 1700.20 of title 16, Code of Federal Regulations (or any successor regulation), or another test method for button cell or coin battery packaging specified, by rule, by the Commission. 1472(a)). 4. The standards promulgated under this Act shall not apply with respect to any toy product that is in compliance with the battery accessibility and labeling requirements of part 1250 of title 16, Code of Federal Regulations, and in reference to section 3(a), shall not apply with respect to button cell or coin batteries that are in compliance with the marking and packaging provisions of the ANSI Safety Standard for Portable Lithium Primary Cells and Batteries (ANSI C18.3M). 5. 2052(a)). (5) Toy product.--The term ``toy product'' means any object designed, manufactured, or marketed as a plaything for children under 14 years of age. SEC. 6. Applicability.>> EFFECTIVE DATE. LEGISLATIVE HISTORY--H.R. 5313: --------------------------------------------------------------------------- HOUSE REPORTS: No. 117-440 (Comm. CONGRESSIONAL RECORD, Vol. 168 (2022): July 26, considered in House. Aug. 2, considered and passed Senate.

[117th Congress Public Law 171] [From the U.S. Government Publishing Office] [[Page 2093]] REESE'S LAW [[Page 136 STAT. 2. <<NOTE: 15 USC 2056e.>> CONSUMER PRODUCT SAFETY STANDARD FOR BUTTON CELL OR COIN BATTERIES AND CONSUMER PRODUCTS CONTAINING SUCH BATTERIES. (2) Date described.--The date described in this paragraph is the later of-- (A) the date of the determination of the Commission under subsection (d) with respect to the voluntary standard described in paragraph (1); or (B) the effective date contained in the voluntary standard described in paragraph (1). (f) Revision of Voluntary Standard.-- (1) Notice to commission.--If a voluntary standard with respect to which the Commission has made a determination under subsection (d) is subsequently revised, the organization that revised the standard shall notify the Commission after the final approval of the revision. Any rule promulgated under this subsection shall be treated as a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058). 3. (a) <<NOTE: Deadline. Determination.>> Requirement.--Not later than 180 days after the date of the enactment of this Act, any button cell or coin battery sold, offered for sale, manufactured for sale, distributed in commerce, or imported into the United States, or included separately with a consumer product sold, offered for sale, manufactured for sale, distributed in commerce, or imported into the United States, shall be packaged in accordance with the standards provided in section 1700.15 of title 16, Code of Federal Regulations (or any successor regulation), as determined through testing in accordance with the method described in section 1700.20 of title 16, Code of Federal Regulations (or any successor regulation), or another test method for button cell or coin battery packaging specified, by rule, by the Commission. 4. 5. (5) Toy product.--The term ``toy product'' means any object designed, manufactured, or marketed as a plaything for children under 14 years of age. SEC. 6. LEGISLATIVE HISTORY--H.R. 117-440 (Comm. 168 (2022): July 26, considered in House.

[117th Congress Public Law 171] [From the U.S. Government Publishing Office] [[Page 2093]] REESE'S LAW [[Page 136 STAT. This Act may be cited as ``Reese's Law''. 2. <<NOTE: 15 USC 2056e.>> CONSUMER PRODUCT SAFETY STANDARD FOR BUTTON CELL OR COIN BATTERIES AND CONSUMER PRODUCTS CONTAINING SUCH BATTERIES. Requirements.>> warning label requirements-- (A) to be included on the packaging of button cell or coin batteries and the packaging of a consumer product containing button cell or coin batteries; (B) to be included in any literature, such as a user manual, that accompanies a consumer product containing button cell or coin batteries; and (C) to be included, as practicable-- (i) directly on a consumer product containing button cell or coin batteries in a manner that is visible to the consumer upon installation or replacement of the button cell or coin battery; or (ii) in the case of a product for which the battery is not intended to be replaced or installed by the consumer, to be included directly on the consumer product in a manner that is visible to the consumer upon access to the battery compartment, except that if it [[Page 136 STAT. 2095]] is impracticable to label the product, this information shall be placed on the packaging or instructions. (b) Requirements for Warning Labels.--Warning labels required under subsection (a)(2) shall-- (1) clearly identify the hazard of ingestion; and (2) instruct consumers, as practicable, to keep new and used batteries out of the reach of children, to seek immediate medical attention if a battery is ingested, and to follow any other consensus medical advice. (2) Determination required to be published in federal register.--Any determination made by the Commission under this subsection shall be published in the Federal Register. (2) Date described.--The date described in this paragraph is the later of-- (A) the date of the determination of the Commission under subsection (d) with respect to the voluntary standard described in paragraph (1); or (B) the effective date contained in the voluntary standard described in paragraph (1). (f) Revision of Voluntary Standard.-- (1) Notice to commission.--If a voluntary standard with respect to which the Commission has made a determination under subsection (d) is subsequently revised, the organization that revised the standard shall notify the Commission after the final approval of the revision. Notification. Any rule promulgated under this subsection shall be treated as a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058). 3. (a) <<NOTE: Deadline. Determination.>> Requirement.--Not later than 180 days after the date of the enactment of this Act, any button cell or coin battery sold, offered for sale, manufactured for sale, distributed in commerce, or imported into the United States, or included separately with a consumer product sold, offered for sale, manufactured for sale, distributed in commerce, or imported into the United States, shall be packaged in accordance with the standards provided in section 1700.15 of title 16, Code of Federal Regulations (or any successor regulation), as determined through testing in accordance with the method described in section 1700.20 of title 16, Code of Federal Regulations (or any successor regulation), or another test method for button cell or coin battery packaging specified, by rule, by the Commission. 1472(a)). 4. The standards promulgated under this Act shall not apply with respect to any toy product that is in compliance with the battery accessibility and labeling requirements of part 1250 of title 16, Code of Federal Regulations, and in reference to section 3(a), shall not apply with respect to button cell or coin batteries that are in compliance with the marking and packaging provisions of the ANSI Safety Standard for Portable Lithium Primary Cells and Batteries (ANSI C18.3M). 5. 2097]] (B) <<NOTE: Determination.>> any other battery, regardless of the technology used to produce an electrical charge, that is determined by the Commission to pose an ingestion hazard. 2052(a)). (5) Toy product.--The term ``toy product'' means any object designed, manufactured, or marketed as a plaything for children under 14 years of age. SEC. 6. Applicability.>> EFFECTIVE DATE. Approved August 16, 2022. LEGISLATIVE HISTORY--H.R. 5313: --------------------------------------------------------------------------- HOUSE REPORTS: No. 117-440 (Comm. on Energy and Commerce). CONGRESSIONAL RECORD, Vol. 168 (2022): July 26, considered in House. July 27, prior proceedings vacated; considered and passed House. Aug. 2, considered and passed Senate.

[117th Congress Public Law 171] [From the U.S. Government Publishing Office] [[Page 2093]] REESE'S LAW [[Page 136 STAT. 2094]] Public Law 117-171 117th Congress An Act To protect children and other consumers against hazards associated with the accidental ingestion of button cell or coin batteries by requiring the Consumer Product Safety Commission to promulgate a consumer product safety standard to require child-resistant closures on consumer products that use such batteries, and for other purposes. <<NOTE: 15 USC 2051 note.>> SHORT TITLE. This Act may be cited as ``Reese's Law''. 2. <<NOTE: 15 USC 2056e.>> CONSUMER PRODUCT SAFETY STANDARD FOR BUTTON CELL OR COIN BATTERIES AND CONSUMER PRODUCTS CONTAINING SUCH BATTERIES. Requirements.>> warning label requirements-- (A) to be included on the packaging of button cell or coin batteries and the packaging of a consumer product containing button cell or coin batteries; (B) to be included in any literature, such as a user manual, that accompanies a consumer product containing button cell or coin batteries; and (C) to be included, as practicable-- (i) directly on a consumer product containing button cell or coin batteries in a manner that is visible to the consumer upon installation or replacement of the button cell or coin battery; or (ii) in the case of a product for which the battery is not intended to be replaced or installed by the consumer, to be included directly on the consumer product in a manner that is visible to the consumer upon access to the battery compartment, except that if it [[Page 136 STAT. 2095]] is impracticable to label the product, this information shall be placed on the packaging or instructions. (b) Requirements for Warning Labels.--Warning labels required under subsection (a)(2) shall-- (1) clearly identify the hazard of ingestion; and (2) instruct consumers, as practicable, to keep new and used batteries out of the reach of children, to seek immediate medical attention if a battery is ingested, and to follow any other consensus medical advice. (2) Determination required to be published in federal register.--Any determination made by the Commission under this subsection shall be published in the Federal Register. 2058) beginning on the date described in paragraph (2). (2) Date described.--The date described in this paragraph is the later of-- (A) the date of the determination of the Commission under subsection (d) with respect to the voluntary standard described in paragraph (1); or (B) the effective date contained in the voluntary standard described in paragraph (1). (f) Revision of Voluntary Standard.-- (1) Notice to commission.--If a voluntary standard with respect to which the Commission has made a determination under subsection (d) is subsequently revised, the organization that revised the standard shall notify the Commission after the final approval of the revision. Notification. 2058), in place of the prior version, unless, within 90 days after receiving the notice, the Commission notifies the organization that the revised voluntary standard, in whole or in part, does not improve the safety of the consumer product covered by the standard and that the Commission is retaining all or part of the existing consumer product safety standard. (g) Future Rulemaking.--At any time after the promulgation of a final consumer product safety standard under subsection (a), a voluntary standard is treated as a consumer product safety rule under subsection (e), or a revised voluntary standard becomes enforceable as a consumer product safety rule under subsection (f), the Commission may initiate a rulemaking in accordance with section 553 of title 5, United States Code, to modify the requirements of the standard or revised standard. Any rule promulgated under this subsection shall be treated as a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058). 3. (a) <<NOTE: Deadline. Determination.>> Requirement.--Not later than 180 days after the date of the enactment of this Act, any button cell or coin battery sold, offered for sale, manufactured for sale, distributed in commerce, or imported into the United States, or included separately with a consumer product sold, offered for sale, manufactured for sale, distributed in commerce, or imported into the United States, shall be packaged in accordance with the standards provided in section 1700.15 of title 16, Code of Federal Regulations (or any successor regulation), as determined through testing in accordance with the method described in section 1700.20 of title 16, Code of Federal Regulations (or any successor regulation), or another test method for button cell or coin battery packaging specified, by rule, by the Commission. (b) Applicability.--The requirement of subsection (a) shall be treated as a standard for the special packaging of a household substance established under section 3(a) of the Poison Prevention Packaging Act of 1970 (15 U.S.C. 1472(a)). 4. The standards promulgated under this Act shall not apply with respect to any toy product that is in compliance with the battery accessibility and labeling requirements of part 1250 of title 16, Code of Federal Regulations, and in reference to section 3(a), shall not apply with respect to button cell or coin batteries that are in compliance with the marking and packaging provisions of the ANSI Safety Standard for Portable Lithium Primary Cells and Batteries (ANSI C18.3M). 5. 2097]] (B) <<NOTE: Determination.>> any other battery, regardless of the technology used to produce an electrical charge, that is determined by the Commission to pose an ingestion hazard. 2052(a)). (5) Toy product.--The term ``toy product'' means any object designed, manufactured, or marketed as a plaything for children under 14 years of age. SEC. 6. Applicability.>> EFFECTIVE DATE. Approved August 16, 2022. LEGISLATIVE HISTORY--H.R. 5313: --------------------------------------------------------------------------- HOUSE REPORTS: No. 117-440 (Comm. on Energy and Commerce). CONGRESSIONAL RECORD, Vol. 168 (2022): July 26, considered in House. July 27, prior proceedings vacated; considered and passed House. Aug. 2, considered and passed Senate.

[117th Congress Public Law 171] [From the U.S. Government Publishing Office] [[Page 2093]] REESE'S LAW [[Page 136 STAT. <<NOTE: Aug. 16, 2022 - [H.R. 5313]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Reese's Law. (a) <<NOTE: Deadline. 2095]] is impracticable to label the product, this information shall be placed on the packaging or instructions. ( b) Requirements for Warning Labels.--Warning labels required under subsection (a)(2) shall-- (1) clearly identify the hazard of ingestion; and (2) instruct consumers, as practicable, to keep new and used batteries out of the reach of children, to seek immediate medical attention if a battery is ingested, and to follow any other consensus medical advice. (c) Treatment of Standard for Enforcement Purposes.--A consumer product safety standard promulgated under subsection (a) shall be treated as a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058). ( e) Treatment of Voluntary Standard for Enforcement Purposes.-- (1) In general.--If the Commission makes a determination under subsection (d) with respect to a voluntary standard, the requirements of such voluntary standard shall be treated as a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058) beginning on the date described in paragraph (2). (2) Date described.--The date described in this paragraph is the later of-- (A) the date of the determination of the Commission under subsection (d) with respect to the voluntary standard described in paragraph (1); or (B) the effective date contained in the voluntary standard described in paragraph (1). ( f) Revision of Voluntary Standard.-- (1) Notice to commission.--If a voluntary standard with respect to which the Commission has made a determination under subsection (d) is subsequently revised, the organization that revised the standard shall notify the Commission after the final approval of the revision. ( (g) Future Rulemaking.--At any time after the promulgation of a final consumer product safety standard under subsection (a), a voluntary standard is treated as a consumer product safety rule under subsection (e), or a revised voluntary standard becomes enforceable as a consumer product safety rule under subsection (f), the Commission may initiate a rulemaking in accordance with section 553 of title 5, United States Code, to modify the requirements of the standard or revised standard. <<NOTE: 15 USC 2056e note. b) Applicability.--The requirement of subsection (a) shall be treated as a standard for the special packaging of a household substance established under section 3(a) of the Poison Prevention Packaging Act of 1970 (15 U.S.C. 1472(a)). <<NOTE: 15 USC 2056e note. The standards promulgated under this Act shall not apply with respect to any toy product that is in compliance with the battery accessibility and labeling requirements of part 1250 of title 16, Code of Federal Regulations, and in reference to section 3(a), shall not apply with respect to button cell or coin batteries that are in compliance with the marking and packaging provisions of the ANSI Safety Standard for Portable Lithium Primary Cells and Batteries (ANSI C18.3M). In this Act: (1) Button cell or coin battery.--The term ``button cell or coin battery'' means-- (A) a single cell battery with a diameter greater than the height of the battery; or [[Page 136 STAT. (5) Toy product.--The term ``toy product'' means any object designed, manufactured, or marketed as a plaything for children under 14 years of age. 168 (2022): July 26, considered in House.

[117th Congress Public Law 171] [From the U.S. Government Publishing Office] [[Page 2093]] REESE'S LAW [[Page 136 STAT. <<NOTE: Aug. 16, 2022 - [H.R. 5313]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Reese's Law. 2095]] is impracticable to label the product, this information shall be placed on the packaging or instructions. ( b) Requirements for Warning Labels.--Warning labels required under subsection (a)(2) shall-- (1) clearly identify the hazard of ingestion; and (2) instruct consumers, as practicable, to keep new and used batteries out of the reach of children, to seek immediate medical attention if a battery is ingested, and to follow any other consensus medical advice. ( (d) Exception for Reliance on Voluntary Standard.-- (1) Before promulgation of standard by commission.-- Subsection (a) <<NOTE: Determination. f) Revision of Voluntary Standard.-- (1) Notice to commission.--If a voluntary standard with respect to which the Commission has made a determination under subsection (d) is subsequently revised, the organization that revised the standard shall notify the Commission after the final approval of the revision. ( g) Future Rulemaking.--At any time after the promulgation of a final consumer product safety standard under subsection (a), a voluntary standard is treated as a consumer product safety rule under subsection (e), or a revised voluntary standard becomes enforceable as a consumer product safety rule under subsection (f), the Commission may initiate a rulemaking in accordance with section 553 of title 5, United States Code, to modify the requirements of the standard or revised standard. <<NOTE: 15 USC 2056e note. (b) Applicability.--The requirement of subsection (a) shall be treated as a standard for the special packaging of a household substance established under section 3(a) of the Poison Prevention Packaging Act of 1970 (15 U.S.C. 1472(a)). <<NOTE: 15 USC 2056e note. In this Act: (1) Button cell or coin battery.--The term ``button cell or coin battery'' means-- (A) a single cell battery with a diameter greater than the height of the battery; or [[Page 136 STAT. LEGISLATIVE HISTORY--H.R. 5313: --------------------------------------------------------------------------- HOUSE REPORTS: No. 168 (2022): July 26, considered in House.

[117th Congress Public Law 171] [From the U.S. Government Publishing Office] [[Page 2093]] REESE'S LAW [[Page 136 STAT. <<NOTE: Aug. 16, 2022 - [H.R. 5313]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Reese's Law. 2095]] is impracticable to label the product, this information shall be placed on the packaging or instructions. ( b) Requirements for Warning Labels.--Warning labels required under subsection (a)(2) shall-- (1) clearly identify the hazard of ingestion; and (2) instruct consumers, as practicable, to keep new and used batteries out of the reach of children, to seek immediate medical attention if a battery is ingested, and to follow any other consensus medical advice. ( (d) Exception for Reliance on Voluntary Standard.-- (1) Before promulgation of standard by commission.-- Subsection (a) <<NOTE: Determination. f) Revision of Voluntary Standard.-- (1) Notice to commission.--If a voluntary standard with respect to which the Commission has made a determination under subsection (d) is subsequently revised, the organization that revised the standard shall notify the Commission after the final approval of the revision. ( g) Future Rulemaking.--At any time after the promulgation of a final consumer product safety standard under subsection (a), a voluntary standard is treated as a consumer product safety rule under subsection (e), or a revised voluntary standard becomes enforceable as a consumer product safety rule under subsection (f), the Commission may initiate a rulemaking in accordance with section 553 of title 5, United States Code, to modify the requirements of the standard or revised standard. <<NOTE: 15 USC 2056e note. (b) Applicability.--The requirement of subsection (a) shall be treated as a standard for the special packaging of a household substance established under section 3(a) of the Poison Prevention Packaging Act of 1970 (15 U.S.C. 1472(a)). <<NOTE: 15 USC 2056e note. In this Act: (1) Button cell or coin battery.--The term ``button cell or coin battery'' means-- (A) a single cell battery with a diameter greater than the height of the battery; or [[Page 136 STAT. LEGISLATIVE HISTORY--H.R. 5313: --------------------------------------------------------------------------- HOUSE REPORTS: No. 168 (2022): July 26, considered in House.

[117th Congress Public Law 171] [From the U.S. Government Publishing Office] [[Page 2093]] REESE'S LAW [[Page 136 STAT. <<NOTE: Aug. 16, 2022 - [H.R. 5313]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Reese's Law. (a) <<NOTE: Deadline. 2095]] is impracticable to label the product, this information shall be placed on the packaging or instructions. ( b) Requirements for Warning Labels.--Warning labels required under subsection (a)(2) shall-- (1) clearly identify the hazard of ingestion; and (2) instruct consumers, as practicable, to keep new and used batteries out of the reach of children, to seek immediate medical attention if a battery is ingested, and to follow any other consensus medical advice. (c) Treatment of Standard for Enforcement Purposes.--A consumer product safety standard promulgated under subsection (a) shall be treated as a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058). ( e) Treatment of Voluntary Standard for Enforcement Purposes.-- (1) In general.--If the Commission makes a determination under subsection (d) with respect to a voluntary standard, the requirements of such voluntary standard shall be treated as a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058) beginning on the date described in paragraph (2). (2) Date described.--The date described in this paragraph is the later of-- (A) the date of the determination of the Commission under subsection (d) with respect to the voluntary standard described in paragraph (1); or (B) the effective date contained in the voluntary standard described in paragraph (1). ( f) Revision of Voluntary Standard.-- (1) Notice to commission.--If a voluntary standard with respect to which the Commission has made a determination under subsection (d) is subsequently revised, the organization that revised the standard shall notify the Commission after the final approval of the revision. ( (g) Future Rulemaking.--At any time after the promulgation of a final consumer product safety standard under subsection (a), a voluntary standard is treated as a consumer product safety rule under subsection (e), or a revised voluntary standard becomes enforceable as a consumer product safety rule under subsection (f), the Commission may initiate a rulemaking in accordance with section 553 of title 5, United States Code, to modify the requirements of the standard or revised standard. <<NOTE: 15 USC 2056e note. b) Applicability.--The requirement of subsection (a) shall be treated as a standard for the special packaging of a household substance established under section 3(a) of the Poison Prevention Packaging Act of 1970 (15 U.S.C. 1472(a)). <<NOTE: 15 USC 2056e note. The standards promulgated under this Act shall not apply with respect to any toy product that is in compliance with the battery accessibility and labeling requirements of part 1250 of title 16, Code of Federal Regulations, and in reference to section 3(a), shall not apply with respect to button cell or coin batteries that are in compliance with the marking and packaging provisions of the ANSI Safety Standard for Portable Lithium Primary Cells and Batteries (ANSI C18.3M). In this Act: (1) Button cell or coin battery.--The term ``button cell or coin battery'' means-- (A) a single cell battery with a diameter greater than the height of the battery; or [[Page 136 STAT. (5) Toy product.--The term ``toy product'' means any object designed, manufactured, or marketed as a plaything for children under 14 years of age. 168 (2022): July 26, considered in House.

[117th Congress Public Law 171] [From the U.S. Government Publishing Office] [[Page 2093]] REESE'S LAW [[Page 136 STAT. <<NOTE: Aug. 16, 2022 - [H.R. 5313]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Reese's Law. 2095]] is impracticable to label the product, this information shall be placed on the packaging or instructions. ( b) Requirements for Warning Labels.--Warning labels required under subsection (a)(2) shall-- (1) clearly identify the hazard of ingestion; and (2) instruct consumers, as practicable, to keep new and used batteries out of the reach of children, to seek immediate medical attention if a battery is ingested, and to follow any other consensus medical advice. ( (d) Exception for Reliance on Voluntary Standard.-- (1) Before promulgation of standard by commission.-- Subsection (a) <<NOTE: Determination. f) Revision of Voluntary Standard.-- (1) Notice to commission.--If a voluntary standard with respect to which the Commission has made a determination under subsection (d) is subsequently revised, the organization that revised the standard shall notify the Commission after the final approval of the revision. ( g) Future Rulemaking.--At any time after the promulgation of a final consumer product safety standard under subsection (a), a voluntary standard is treated as a consumer product safety rule under subsection (e), or a revised voluntary standard becomes enforceable as a consumer product safety rule under subsection (f), the Commission may initiate a rulemaking in accordance with section 553 of title 5, United States Code, to modify the requirements of the standard or revised standard. <<NOTE: 15 USC 2056e note. (b) Applicability.--The requirement of subsection (a) shall be treated as a standard for the special packaging of a household substance established under section 3(a) of the Poison Prevention Packaging Act of 1970 (15 U.S.C. 1472(a)). <<NOTE: 15 USC 2056e note. In this Act: (1) Button cell or coin battery.--The term ``button cell or coin battery'' means-- (A) a single cell battery with a diameter greater than the height of the battery; or [[Page 136 STAT. LEGISLATIVE HISTORY--H.R. 5313: --------------------------------------------------------------------------- HOUSE REPORTS: No. 168 (2022): July 26, considered in House.

[117th Congress Public Law 171] [From the U.S. Government Publishing Office] [[Page 2093]] REESE'S LAW [[Page 136 STAT. <<NOTE: Aug. 16, 2022 - [H.R. 5313]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Reese's Law. (a) <<NOTE: Deadline. 2095]] is impracticable to label the product, this information shall be placed on the packaging or instructions. ( b) Requirements for Warning Labels.--Warning labels required under subsection (a)(2) shall-- (1) clearly identify the hazard of ingestion; and (2) instruct consumers, as practicable, to keep new and used batteries out of the reach of children, to seek immediate medical attention if a battery is ingested, and to follow any other consensus medical advice. (c) Treatment of Standard for Enforcement Purposes.--A consumer product safety standard promulgated under subsection (a) shall be treated as a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058). ( e) Treatment of Voluntary Standard for Enforcement Purposes.-- (1) In general.--If the Commission makes a determination under subsection (d) with respect to a voluntary standard, the requirements of such voluntary standard shall be treated as a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058) beginning on the date described in paragraph (2). (2) Date described.--The date described in this paragraph is the later of-- (A) the date of the determination of the Commission under subsection (d) with respect to the voluntary standard described in paragraph (1); or (B) the effective date contained in the voluntary standard described in paragraph (1). ( f) Revision of Voluntary Standard.-- (1) Notice to commission.--If a voluntary standard with respect to which the Commission has made a determination under subsection (d) is subsequently revised, the organization that revised the standard shall notify the Commission after the final approval of the revision. ( (g) Future Rulemaking.--At any time after the promulgation of a final consumer product safety standard under subsection (a), a voluntary standard is treated as a consumer product safety rule under subsection (e), or a revised voluntary standard becomes enforceable as a consumer product safety rule under subsection (f), the Commission may initiate a rulemaking in accordance with section 553 of title 5, United States Code, to modify the requirements of the standard or revised standard. <<NOTE: 15 USC 2056e note. b) Applicability.--The requirement of subsection (a) shall be treated as a standard for the special packaging of a household substance established under section 3(a) of the Poison Prevention Packaging Act of 1970 (15 U.S.C. 1472(a)). <<NOTE: 15 USC 2056e note. The standards promulgated under this Act shall not apply with respect to any toy product that is in compliance with the battery accessibility and labeling requirements of part 1250 of title 16, Code of Federal Regulations, and in reference to section 3(a), shall not apply with respect to button cell or coin batteries that are in compliance with the marking and packaging provisions of the ANSI Safety Standard for Portable Lithium Primary Cells and Batteries (ANSI C18.3M). In this Act: (1) Button cell or coin battery.--The term ``button cell or coin battery'' means-- (A) a single cell battery with a diameter greater than the height of the battery; or [[Page 136 STAT. (5) Toy product.--The term ``toy product'' means any object designed, manufactured, or marketed as a plaything for children under 14 years of age. 168 (2022): July 26, considered in House.

[117th Congress Public Law 171] [From the U.S. Government Publishing Office] [[Page 2093]] REESE'S LAW [[Page 136 STAT. <<NOTE: Aug. 16, 2022 - [H.R. 5313]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Reese's Law. 2095]] is impracticable to label the product, this information shall be placed on the packaging or instructions. ( b) Requirements for Warning Labels.--Warning labels required under subsection (a)(2) shall-- (1) clearly identify the hazard of ingestion; and (2) instruct consumers, as practicable, to keep new and used batteries out of the reach of children, to seek immediate medical attention if a battery is ingested, and to follow any other consensus medical advice. ( (d) Exception for Reliance on Voluntary Standard.-- (1) Before promulgation of standard by commission.-- Subsection (a) <<NOTE: Determination. f) Revision of Voluntary Standard.-- (1) Notice to commission.--If a voluntary standard with respect to which the Commission has made a determination under subsection (d) is subsequently revised, the organization that revised the standard shall notify the Commission after the final approval of the revision. ( g) Future Rulemaking.--At any time after the promulgation of a final consumer product safety standard under subsection (a), a voluntary standard is treated as a consumer product safety rule under subsection (e), or a revised voluntary standard becomes enforceable as a consumer product safety rule under subsection (f), the Commission may initiate a rulemaking in accordance with section 553 of title 5, United States Code, to modify the requirements of the standard or revised standard. <<NOTE: 15 USC 2056e note. (b) Applicability.--The requirement of subsection (a) shall be treated as a standard for the special packaging of a household substance established under section 3(a) of the Poison Prevention Packaging Act of 1970 (15 U.S.C. 1472(a)). <<NOTE: 15 USC 2056e note. In this Act: (1) Button cell or coin battery.--The term ``button cell or coin battery'' means-- (A) a single cell battery with a diameter greater than the height of the battery; or [[Page 136 STAT. LEGISLATIVE HISTORY--H.R. 5313: --------------------------------------------------------------------------- HOUSE REPORTS: No. 168 (2022): July 26, considered in House.

[117th Congress Public Law 171] [From the U.S. Government Publishing Office] [[Page 2093]] REESE'S LAW [[Page 136 STAT. e) Treatment of Voluntary Standard for Enforcement Purposes.-- (1) In general.--If the Commission makes a determination under subsection (d) with respect to a voluntary standard, the requirements of such voluntary standard shall be treated as a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058) beginning on the date described in paragraph (2). (2) Date described.--The date described in this paragraph is the later of-- (A) the date of the determination of the Commission under subsection (d) with respect to the voluntary standard described in paragraph (1); or (B) the effective date contained in the voluntary standard described in paragraph (1). ( b) Applicability.--The requirement of subsection (a) shall be treated as a standard for the special packaging of a household substance established under section 3(a) of the Poison Prevention Packaging Act of 1970 (15 U.S.C. 1472(a)). The standards promulgated under this Act shall not apply with respect to any toy product that is in compliance with the battery accessibility and labeling requirements of part 1250 of title 16, Code of Federal Regulations, and in reference to section 3(a), shall not apply with respect to button cell or coin batteries that are in compliance with the marking and packaging provisions of the ANSI Safety Standard for Portable Lithium Primary Cells and Batteries (ANSI C18.3M). 5) Toy product.--The term ``toy product'' means any object designed, manufactured, or marketed as a plaything for children under 14 years of age.

[117th Congress Public Law 171] [From the U.S. Government Publishing Office] [[Page 2093]] REESE'S LAW [[Page 136 STAT. <<NOTE: Aug. 16, 2022 - [H.R. 5313]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Reese's Law. 2095]] is impracticable to label the product, this information shall be placed on the packaging or instructions. ( b) Requirements for Warning Labels.--Warning labels required under subsection (a)(2) shall-- (1) clearly identify the hazard of ingestion; and (2) instruct consumers, as practicable, to keep new and used batteries out of the reach of children, to seek immediate medical attention if a battery is ingested, and to follow any other consensus medical advice. ( (d) Exception for Reliance on Voluntary Standard.-- (1) Before promulgation of standard by commission.-- Subsection (a) <<NOTE: Determination. f) Revision of Voluntary Standard.-- (1) Notice to commission.--If a voluntary standard with respect to which the Commission has made a determination under subsection (d) is subsequently revised, the organization that revised the standard shall notify the Commission after the final approval of the revision. ( g) Future Rulemaking.--At any time after the promulgation of a final consumer product safety standard under subsection (a), a voluntary standard is treated as a consumer product safety rule under subsection (e), or a revised voluntary standard becomes enforceable as a consumer product safety rule under subsection (f), the Commission may initiate a rulemaking in accordance with section 553 of title 5, United States Code, to modify the requirements of the standard or revised standard. <<NOTE: 15 USC 2056e note. (b) Applicability.--The requirement of subsection (a) shall be treated as a standard for the special packaging of a household substance established under section 3(a) of the Poison Prevention Packaging Act of 1970 (15 U.S.C. 1472(a)). <<NOTE: 15 USC 2056e note. In this Act: (1) Button cell or coin battery.--The term ``button cell or coin battery'' means-- (A) a single cell battery with a diameter greater than the height of the battery; or [[Page 136 STAT. LEGISLATIVE HISTORY--H.R. 5313: --------------------------------------------------------------------------- HOUSE REPORTS: No. 168 (2022): July 26, considered in House.

[117th Congress Public Law 171] [From the U.S. Government Publishing Office] [[Page 2093]] REESE'S LAW [[Page 136 STAT. e) Treatment of Voluntary Standard for Enforcement Purposes.-- (1) In general.--If the Commission makes a determination under subsection (d) with respect to a voluntary standard, the requirements of such voluntary standard shall be treated as a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058) beginning on the date described in paragraph (2). (2) Date described.--The date described in this paragraph is the later of-- (A) the date of the determination of the Commission under subsection (d) with respect to the voluntary standard described in paragraph (1); or (B) the effective date contained in the voluntary standard described in paragraph (1). ( b) Applicability.--The requirement of subsection (a) shall be treated as a standard for the special packaging of a household substance established under section 3(a) of the Poison Prevention Packaging Act of 1970 (15 U.S.C. 1472(a)). The standards promulgated under this Act shall not apply with respect to any toy product that is in compliance with the battery accessibility and labeling requirements of part 1250 of title 16, Code of Federal Regulations, and in reference to section 3(a), shall not apply with respect to button cell or coin batteries that are in compliance with the marking and packaging provisions of the ANSI Safety Standard for Portable Lithium Primary Cells and Batteries (ANSI C18.3M). 5) Toy product.--The term ``toy product'' means any object designed, manufactured, or marketed as a plaything for children under 14 years of age.

Reese's Law - Requires the Consumer Product Safety Commission (CPSC) to promulgate a final consumer product safety standard for button cell or coin batteries and consumer products containing such batteries that shall only contain: (1) a performance standard requiring the button cells or coin battery compartments of such products to be secured in a manner that would eliminate or adequately reduce the risk of injury from Requires button cell or coin batteries sold, offered for sale, manufactured for sale or imported into the United States, or included separately with a consumer product to be packaged in accordance with the standards provided in the Consumer Product Safety Commission (CPSC) as determined through testing and testing methods specified, by rule, by the CPSC. (Sec. 3) Treats

H.R.5295

Armed Forces and National Security

Every Veteran Counts Act of 2021 This bill requires the Department of Veterans Affairs (VA) to establish and maintain a database of specified demographics (e.g., age) of veterans. The data must be in a machine-readable format and anonymized to protect sensitive personal information. The VA must provide access to the database on a publicly accessible website that is updated at least once a year. Additionally, the VA must report on the progress, challenges, performance, and opportunities of implementing its data strategy. The report must be made available on the VA's open data website in a machine-readable format.

To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to maintain demographic information regarding veterans and publish such information on a website of the Department of Veterans Affairs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Every Veteran Counts Act of 2021''. SEC. 2. FINDINGS. Congress finds the following: (1) The Department of Veterans Affairs is responsible for providing a variety of benefits and services to more than 19,000,000 living veterans. (2) Pursuant to section 527 of title 38, United States Code, the Secretary of Veterans Affairs has conducted the National Survey of Veterans to assess the needs and sentiments of a statistically valid sample of all veterans. (3) The Secretary has conducted this National Survey of Veterans in the late 1970s, 1987, 1993, 2001, and 2010. (4) The last survey conducted in 2010 included veterans and other beneficiary groups, such as members of the Armed Forces serving on active duty, members of the reserve components of the Armed Forces, military spouses, and surviving spouses of such veterans and members. (5) The 2010 survey included information on demographics, awareness and utilization of benefits, health status, military service, and employment. (6) These surveys provide valuable information on the veteran population to the Secretary, Congress, Federal, State, and local governments, academic institutions, and various non- governmental organizations that serve veterans. (7) This information is used to inform policymaking efforts and to ensure the needs of the ever-changing veteran population are met. (8) However, since 2010, the statutory framework for data collection has substantially evolved, notably with the Foundations for Evidence-Based Policymaking Act (Public Law 115-435), the Data Act (Public Law 113-139), and the Geospatial Data Act (subtitle F of title VII of Public Law 115-254), known collectively as the ``Evidence Act'', building on previously enacted laws. (9) Further, the Department, through the National Center for Veterans Analysis and Statistics, has leveraged the vast amount of data generated within the Department and collected by other Federal partners to improve population-based descriptive, statistical, and predictive analytic products to support the Secretary and in evidence-based policymaking, facilitate innovative and collaborative research, and empower modern business intelligence applications. (10) The Department has been a consistent leader in the Federal Open Data program and offers a platform for scaling access to useful data and insight to external stakeholders. (11) Notwithstanding these recent advances, opportunities exist to strengthen the capability of the Department to develop and disseminate actionable insights into the veteran population through-- (A) developing enterprise-focused management and improvements in the quality of administrative data collected by the Department through its delivery of benefits and services; (B) increased access to data collected by other Federal entities through more flexible and efficient information sharing policies; (C) increased use of publicly available and commercially generated data; and (D) maturing data management of the Department. (12) In line with the Evidence Act, it is incumbent upon the Secretary to regularly engage with key stakeholders, including Congress, veterans service organizations, advocacy groups, and open government groups to-- (A) enhance the open data program of the Department; and (B) improve development and dissemination of relevant data assets and analytic products to provide more current, accurate, and useful insights on veterans and their families. (13) It is necessary for the Department to collect, collate, and analyze all available data on veteran demographics, and to share this data with Congress and other stakeholders on an ongoing basis, in an easily digestible format, to direct outreach and align policy with the needs of the changing veteran population. SEC. 3. DEMOGRAPHIC DATA OF VETERANS: COLLECTION; RETENTION; PUBLICATION. (a) In General.--Subchapter II of chapter 5 of title 38, United States Code, is amended by inserting after section 527, the following new section: ``Sec. 528. Demographic data of veterans: collection; retention; publication. ``(a) Database.--(1) The Secretary shall collect demographic data of veterans (from any source of such data available to the Secretary, including the National Center for Veterans Analysis and Statistics of the Department, the Bureau of the Census, and the Social Security Administration) and maintain a database of such data. ``(2) Data collected and maintained under paragraph (1) shall include the following: ``(A) Sex. ``(B) Gender identity, disaggregated by-- ``(i) male; ``(ii) female; ``(iii) cisgender; ``(iv) transgender; ``(v) gender diverse; ``(vi) nonbinary; and ``(vii) combinations of clauses (i) through (vi). ``(C) Age. ``(D) Educational level. ``(E) Race and ethnicity, disaggregated by-- ``(i) membership in an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)); and ``(ii) the same major race groups as the decennial censuses. ``(F) Sexual orientation, disaggregated by-- ``(i) heterosexual; ``(ii) lesbian; ``(iii) gay; ``(iv) bisexual; and ``(v) queer. ``(G) Household makeup, including marital status and number of dependents. ``(H) Gross income and sources of income. ``(I) Housing status, disaggregated by-- ``(i) renter; ``(ii) homeowner; or ``(iii) residing in a home owned or rented by another person. ``(J) Employment status, disaggregated by-- ``(i) employed; ``(ii) seeking employment; and ``(iii) self-employed. ``(K) History of service in the Armed Forces, disaggregated by-- ``(i) Armed Force; ``(ii) regular or reserve component; ``(iii) service in a combat theater of operations or war zone; ``(iv) service during a period of war; ``(v) whether a veteran is a former prisoner of war; ``(vi) whether the veteran was exposed to dead, dying, or wounded people during active military, naval, air, or space service; ``(vii) whether the veteran was exposed to environmental hazards during active military, naval, air, or space service; and ``(viii) whether the veteran experienced military sexual trauma (as that term is defined in section 1166 of this title). ``(L) Whether the veteran is enrolled in the patient enrollment system under section 1705 of this title. ``(M) Whether the veteran has received a disability rating from under section 1155 of this title. ``(N) Location of the veteran's residence, disaggregated by-- ``(i) rural or urban setting; ``(ii) distance to a facility of the Department; and ``(iii) whether the veteran has access to broadband service. ``(O) Any other information the Secretary determines appropriate. ``(b) Data Retention Standards.--Demographic data in the database under subsection (a) shall be-- ``(1) anonymized to prevent the release of sensitive personal information (as that term is defined in section 5727 of this title); and ``(2) machine readable. ``(c) Website.--The Secretary shall maintain a publicly accessible website of the Department that provides access to the database under subsection (a). The Secretary shall update such website not less frequently than once each year.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting, after the item relating to section 527, the following new item: ``528. Demographic data of veterans: collection; retention; publication.''. (c) Implementation Date.--The Secretary of Veterans Affairs shall carry out section 528 of such title, as added by this section, not later than 180 days after the date of the enactment of this Act. SEC. 4. REPORT ON DATA STRATEGY OF THE DEPARTMENT OF VETERANS AFFAIRS. (a) Report Required.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report describing the progress, challenges, performance, and opportunities of implementing the data strategy of the Department of Veterans Affairs. (b) Elements.--The report under this section shall include the following: (1) Qualitative and quantitative progress towards strengthening data management of the Department, including business and mission impact enabled by management of data as a strategic asset. (2) Recommendations of the Secretary regarding legislation that may accelerate data management maturity of the Department. (3) Progress and results in cataloging and inventorying data assets of the Department and using such assets to support-- (A) internal evidence-based policymaking; and (B) ethical and appropriate dissemination of statistical aggregates, data-driven analysis, and open data. (4) Progress in implementing requirements under chapter 35 of title 44, United States Code (commonly known as the ``Paperwork Reduction Act''), and related data quality efforts to support strategic management of data collected by the Department. (5) Efforts to move towards a rules-based, transparent, Department-wide approach to management, integration, and sharing of, and access to, data. (6) Recommendations of the Secretary regarding adjustments to data requirements of the Department. (7) Information sharing agreements and outstanding requirements with other Federal entities, including gaps best addressed by the addition of survey questions to an existing Federal survey instrument. (8) Progress on recently enacted public laws, Executive orders, Presidential memoranda, and outstanding recommendations of the Comptroller General of the United States or an inspector general as it pertains to veteran population-based data collection, quality, integration, sharing, interoperability, and analytics within the scope of improving and ensuring equity in services to veterans, their families, and other beneficiaries. (9) A discussion of current risk assessments regarding data breaches and information security (as those terms are defined in section 5727 of title 38, United States Code) of the Department. (10) Priority data requirements of the Department, identified through consultation with the following entities: (A) The Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives. (B) The Congressional Budget Office. (C) Veterans service organizations. (D) The Advisory Committee on Minority Veterans of the Department. (E) The Advisory Committee on Women Veterans of the Department. (F) The Advisory Committee on Homeless Veterans of the Department. (c) Publication.--Not later than 30 days after submitting the report under this section, the Secretary shall publish such report on the open data website of the Department, with all metrics and data included in a machine readable format. <all>

Every Veteran Counts Act of 2021

To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to maintain demographic information regarding veterans and publish such information on a website of the Department of Veterans Affairs.

Every Veteran Counts Act of 2021

Rep. Brownley, Julia

D

CA

This bill requires the Department of Veterans Affairs (VA) to establish and maintain a database of specified demographics (e.g., age) of veterans. The data must be in a machine-readable format and anonymized to protect sensitive personal information. The VA must provide access to the database on a publicly accessible website that is updated at least once a year. Additionally, the VA must report on the progress, challenges, performance, and opportunities of implementing its data strategy. The report must be made available on the VA's open data website in a machine-readable format.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Every Veteran Counts Act of 2021''. 2. (4) The last survey conducted in 2010 included veterans and other beneficiary groups, such as members of the Armed Forces serving on active duty, members of the reserve components of the Armed Forces, military spouses, and surviving spouses of such veterans and members. (7) This information is used to inform policymaking efforts and to ensure the needs of the ever-changing veteran population are met. (8) However, since 2010, the statutory framework for data collection has substantially evolved, notably with the Foundations for Evidence-Based Policymaking Act (Public Law 115-435), the Data Act (Public Law 113-139), and the Geospatial Data Act (subtitle F of title VII of Public Law 115-254), known collectively as the ``Evidence Act'', building on previously enacted laws. (10) The Department has been a consistent leader in the Federal Open Data program and offers a platform for scaling access to useful data and insight to external stakeholders. 3. DEMOGRAPHIC DATA OF VETERANS: COLLECTION; RETENTION; PUBLICATION. (a) In General.--Subchapter II of chapter 5 of title 38, United States Code, is amended by inserting after section 527, the following new section: ``Sec. 528. ``(H) Gross income and sources of income. ``(J) Employment status, disaggregated by-- ``(i) employed; ``(ii) seeking employment; and ``(iii) self-employed. ``(K) History of service in the Armed Forces, disaggregated by-- ``(i) Armed Force; ``(ii) regular or reserve component; ``(iii) service in a combat theater of operations or war zone; ``(iv) service during a period of war; ``(v) whether a veteran is a former prisoner of war; ``(vi) whether the veteran was exposed to dead, dying, or wounded people during active military, naval, air, or space service; ``(vii) whether the veteran was exposed to environmental hazards during active military, naval, air, or space service; and ``(viii) whether the veteran experienced military sexual trauma (as that term is defined in section 1166 of this title). ``(O) Any other information the Secretary determines appropriate. ``(c) Website.--The Secretary shall maintain a publicly accessible website of the Department that provides access to the database under subsection (a). 4. REPORT ON DATA STRATEGY OF THE DEPARTMENT OF VETERANS AFFAIRS. (2) Recommendations of the Secretary regarding legislation that may accelerate data management maturity of the Department. (3) Progress and results in cataloging and inventorying data assets of the Department and using such assets to support-- (A) internal evidence-based policymaking; and (B) ethical and appropriate dissemination of statistical aggregates, data-driven analysis, and open data. (7) Information sharing agreements and outstanding requirements with other Federal entities, including gaps best addressed by the addition of survey questions to an existing Federal survey instrument. (B) The Congressional Budget Office. (C) Veterans service organizations. (F) The Advisory Committee on Homeless Veterans of the Department.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Every Veteran Counts Act of 2021''. 2. (4) The last survey conducted in 2010 included veterans and other beneficiary groups, such as members of the Armed Forces serving on active duty, members of the reserve components of the Armed Forces, military spouses, and surviving spouses of such veterans and members. (7) This information is used to inform policymaking efforts and to ensure the needs of the ever-changing veteran population are met. 3. DEMOGRAPHIC DATA OF VETERANS: COLLECTION; RETENTION; PUBLICATION. (a) In General.--Subchapter II of chapter 5 of title 38, United States Code, is amended by inserting after section 527, the following new section: ``Sec. 528. ``(H) Gross income and sources of income. ``(J) Employment status, disaggregated by-- ``(i) employed; ``(ii) seeking employment; and ``(iii) self-employed. ``(O) Any other information the Secretary determines appropriate. ``(c) Website.--The Secretary shall maintain a publicly accessible website of the Department that provides access to the database under subsection (a). 4. REPORT ON DATA STRATEGY OF THE DEPARTMENT OF VETERANS AFFAIRS. (2) Recommendations of the Secretary regarding legislation that may accelerate data management maturity of the Department. (3) Progress and results in cataloging and inventorying data assets of the Department and using such assets to support-- (A) internal evidence-based policymaking; and (B) ethical and appropriate dissemination of statistical aggregates, data-driven analysis, and open data. (7) Information sharing agreements and outstanding requirements with other Federal entities, including gaps best addressed by the addition of survey questions to an existing Federal survey instrument. (B) The Congressional Budget Office. (C) Veterans service organizations. (F) The Advisory Committee on Homeless Veterans of the Department.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Every Veteran Counts Act of 2021''. 2. FINDINGS. Congress finds the following: (1) The Department of Veterans Affairs is responsible for providing a variety of benefits and services to more than 19,000,000 living veterans. (4) The last survey conducted in 2010 included veterans and other beneficiary groups, such as members of the Armed Forces serving on active duty, members of the reserve components of the Armed Forces, military spouses, and surviving spouses of such veterans and members. (7) This information is used to inform policymaking efforts and to ensure the needs of the ever-changing veteran population are met. (8) However, since 2010, the statutory framework for data collection has substantially evolved, notably with the Foundations for Evidence-Based Policymaking Act (Public Law 115-435), the Data Act (Public Law 113-139), and the Geospatial Data Act (subtitle F of title VII of Public Law 115-254), known collectively as the ``Evidence Act'', building on previously enacted laws. (9) Further, the Department, through the National Center for Veterans Analysis and Statistics, has leveraged the vast amount of data generated within the Department and collected by other Federal partners to improve population-based descriptive, statistical, and predictive analytic products to support the Secretary and in evidence-based policymaking, facilitate innovative and collaborative research, and empower modern business intelligence applications. (10) The Department has been a consistent leader in the Federal Open Data program and offers a platform for scaling access to useful data and insight to external stakeholders. (13) It is necessary for the Department to collect, collate, and analyze all available data on veteran demographics, and to share this data with Congress and other stakeholders on an ongoing basis, in an easily digestible format, to direct outreach and align policy with the needs of the changing veteran population. 3. DEMOGRAPHIC DATA OF VETERANS: COLLECTION; RETENTION; PUBLICATION. (a) In General.--Subchapter II of chapter 5 of title 38, United States Code, is amended by inserting after section 527, the following new section: ``Sec. 528. ``(D) Educational level. ``(E) Race and ethnicity, disaggregated by-- ``(i) membership in an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)); and ``(ii) the same major race groups as the decennial censuses. ``(G) Household makeup, including marital status and number of dependents. ``(H) Gross income and sources of income. ``(J) Employment status, disaggregated by-- ``(i) employed; ``(ii) seeking employment; and ``(iii) self-employed. ``(K) History of service in the Armed Forces, disaggregated by-- ``(i) Armed Force; ``(ii) regular or reserve component; ``(iii) service in a combat theater of operations or war zone; ``(iv) service during a period of war; ``(v) whether a veteran is a former prisoner of war; ``(vi) whether the veteran was exposed to dead, dying, or wounded people during active military, naval, air, or space service; ``(vii) whether the veteran was exposed to environmental hazards during active military, naval, air, or space service; and ``(viii) whether the veteran experienced military sexual trauma (as that term is defined in section 1166 of this title). ``(O) Any other information the Secretary determines appropriate. ``(c) Website.--The Secretary shall maintain a publicly accessible website of the Department that provides access to the database under subsection (a). The Secretary shall update such website not less frequently than once each year.''. (c) Implementation Date.--The Secretary of Veterans Affairs shall carry out section 528 of such title, as added by this section, not later than 180 days after the date of the enactment of this Act. 4. REPORT ON DATA STRATEGY OF THE DEPARTMENT OF VETERANS AFFAIRS. (2) Recommendations of the Secretary regarding legislation that may accelerate data management maturity of the Department. (3) Progress and results in cataloging and inventorying data assets of the Department and using such assets to support-- (A) internal evidence-based policymaking; and (B) ethical and appropriate dissemination of statistical aggregates, data-driven analysis, and open data. (7) Information sharing agreements and outstanding requirements with other Federal entities, including gaps best addressed by the addition of survey questions to an existing Federal survey instrument. (B) The Congressional Budget Office. (C) Veterans service organizations. (F) The Advisory Committee on Homeless Veterans of the Department.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Every Veteran Counts Act of 2021''. 2. FINDINGS. Congress finds the following: (1) The Department of Veterans Affairs is responsible for providing a variety of benefits and services to more than 19,000,000 living veterans. (4) The last survey conducted in 2010 included veterans and other beneficiary groups, such as members of the Armed Forces serving on active duty, members of the reserve components of the Armed Forces, military spouses, and surviving spouses of such veterans and members. (6) These surveys provide valuable information on the veteran population to the Secretary, Congress, Federal, State, and local governments, academic institutions, and various non- governmental organizations that serve veterans. (7) This information is used to inform policymaking efforts and to ensure the needs of the ever-changing veteran population are met. (8) However, since 2010, the statutory framework for data collection has substantially evolved, notably with the Foundations for Evidence-Based Policymaking Act (Public Law 115-435), the Data Act (Public Law 113-139), and the Geospatial Data Act (subtitle F of title VII of Public Law 115-254), known collectively as the ``Evidence Act'', building on previously enacted laws. (9) Further, the Department, through the National Center for Veterans Analysis and Statistics, has leveraged the vast amount of data generated within the Department and collected by other Federal partners to improve population-based descriptive, statistical, and predictive analytic products to support the Secretary and in evidence-based policymaking, facilitate innovative and collaborative research, and empower modern business intelligence applications. (10) The Department has been a consistent leader in the Federal Open Data program and offers a platform for scaling access to useful data and insight to external stakeholders. (11) Notwithstanding these recent advances, opportunities exist to strengthen the capability of the Department to develop and disseminate actionable insights into the veteran population through-- (A) developing enterprise-focused management and improvements in the quality of administrative data collected by the Department through its delivery of benefits and services; (B) increased access to data collected by other Federal entities through more flexible and efficient information sharing policies; (C) increased use of publicly available and commercially generated data; and (D) maturing data management of the Department. (13) It is necessary for the Department to collect, collate, and analyze all available data on veteran demographics, and to share this data with Congress and other stakeholders on an ongoing basis, in an easily digestible format, to direct outreach and align policy with the needs of the changing veteran population. 3. DEMOGRAPHIC DATA OF VETERANS: COLLECTION; RETENTION; PUBLICATION. (a) In General.--Subchapter II of chapter 5 of title 38, United States Code, is amended by inserting after section 527, the following new section: ``Sec. 528. ``(B) Gender identity, disaggregated by-- ``(i) male; ``(ii) female; ``(iii) cisgender; ``(iv) transgender; ``(v) gender diverse; ``(vi) nonbinary; and ``(vii) combinations of clauses (i) through (vi). ``(D) Educational level. ``(E) Race and ethnicity, disaggregated by-- ``(i) membership in an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)); and ``(ii) the same major race groups as the decennial censuses. ``(G) Household makeup, including marital status and number of dependents. ``(H) Gross income and sources of income. ``(I) Housing status, disaggregated by-- ``(i) renter; ``(ii) homeowner; or ``(iii) residing in a home owned or rented by another person. ``(J) Employment status, disaggregated by-- ``(i) employed; ``(ii) seeking employment; and ``(iii) self-employed. ``(K) History of service in the Armed Forces, disaggregated by-- ``(i) Armed Force; ``(ii) regular or reserve component; ``(iii) service in a combat theater of operations or war zone; ``(iv) service during a period of war; ``(v) whether a veteran is a former prisoner of war; ``(vi) whether the veteran was exposed to dead, dying, or wounded people during active military, naval, air, or space service; ``(vii) whether the veteran was exposed to environmental hazards during active military, naval, air, or space service; and ``(viii) whether the veteran experienced military sexual trauma (as that term is defined in section 1166 of this title). ``(L) Whether the veteran is enrolled in the patient enrollment system under section 1705 of this title. ``(O) Any other information the Secretary determines appropriate. ``(c) Website.--The Secretary shall maintain a publicly accessible website of the Department that provides access to the database under subsection (a). The Secretary shall update such website not less frequently than once each year.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting, after the item relating to section 527, the following new item: ``528. (c) Implementation Date.--The Secretary of Veterans Affairs shall carry out section 528 of such title, as added by this section, not later than 180 days after the date of the enactment of this Act. 4. REPORT ON DATA STRATEGY OF THE DEPARTMENT OF VETERANS AFFAIRS. (2) Recommendations of the Secretary regarding legislation that may accelerate data management maturity of the Department. (3) Progress and results in cataloging and inventorying data assets of the Department and using such assets to support-- (A) internal evidence-based policymaking; and (B) ethical and appropriate dissemination of statistical aggregates, data-driven analysis, and open data. (5) Efforts to move towards a rules-based, transparent, Department-wide approach to management, integration, and sharing of, and access to, data. (7) Information sharing agreements and outstanding requirements with other Federal entities, including gaps best addressed by the addition of survey questions to an existing Federal survey instrument. (9) A discussion of current risk assessments regarding data breaches and information security (as those terms are defined in section 5727 of title 38, United States Code) of the Department. (B) The Congressional Budget Office. (C) Veterans service organizations. (F) The Advisory Committee on Homeless Veterans of the Department.

To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to maintain demographic information regarding veterans and publish such information on a website of the Department of Veterans Affairs. 6) These surveys provide valuable information on the veteran population to the Secretary, Congress, Federal, State, and local governments, academic institutions, and various non- governmental organizations that serve veterans. (7) This information is used to inform policymaking efforts and to ensure the needs of the ever-changing veteran population are met. ( 10) The Department has been a consistent leader in the Federal Open Data program and offers a platform for scaling access to useful data and insight to external stakeholders. 12) In line with the Evidence Act, it is incumbent upon the Secretary to regularly engage with key stakeholders, including Congress, veterans service organizations, advocacy groups, and open government groups to-- (A) enhance the open data program of the Department; and (B) improve development and dissemination of relevant data assets and analytic products to provide more current, accurate, and useful insights on veterans and their families. ( 13) It is necessary for the Department to collect, collate, and analyze all available data on veteran demographics, and to share this data with Congress and other stakeholders on an ongoing basis, in an easily digestible format, to direct outreach and align policy with the needs of the changing veteran population. ``(a) Database.--(1) The Secretary shall collect demographic data of veterans (from any source of such data available to the Secretary, including the National Center for Veterans Analysis and Statistics of the Department, the Bureau of the Census, and the Social Security Administration) and maintain a database of such data. ``(B) Gender identity, disaggregated by-- ``(i) male; ``(ii) female; ``(iii) cisgender; ``(iv) transgender; ``(v) gender diverse; ``(vi) nonbinary; and ``(vii) combinations of clauses (i) through (vi). ``(L) Whether the veteran is enrolled in the patient enrollment system under section 1705 of this title. ``(c) Website.--The Secretary shall maintain a publicly accessible website of the Department that provides access to the database under subsection (a). (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting, after the item relating to section 527, the following new item: ``528. a) Report Required.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report describing the progress, challenges, performance, and opportunities of implementing the data strategy of the Department of Veterans Affairs. ( (4) Progress in implementing requirements under chapter 35 of title 44, United States Code (commonly known as the ``Paperwork Reduction Act''), and related data quality efforts to support strategic management of data collected by the Department. ( 10) Priority data requirements of the Department, identified through consultation with the following entities: (A) The Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives. ( D) The Advisory Committee on Minority Veterans of the Department. ( (F) The Advisory Committee on Homeless Veterans of the Department. ( c) Publication.--Not later than 30 days after submitting the report under this section, the Secretary shall publish such report on the open data website of the Department, with all metrics and data included in a machine readable format.

To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to maintain demographic information regarding veterans and publish such information on a website of the Department of Veterans Affairs. Congress finds the following: (1) The Department of Veterans Affairs is responsible for providing a variety of benefits and services to more than 19,000,000 living veterans. ( 7) This information is used to inform policymaking efforts and to ensure the needs of the ever-changing veteran population are met. ( (9) Further, the Department, through the National Center for Veterans Analysis and Statistics, has leveraged the vast amount of data generated within the Department and collected by other Federal partners to improve population-based descriptive, statistical, and predictive analytic products to support the Secretary and in evidence-based policymaking, facilitate innovative and collaborative research, and empower modern business intelligence applications. ( 13) It is necessary for the Department to collect, collate, and analyze all available data on veteran demographics, and to share this data with Congress and other stakeholders on an ongoing basis, in an easily digestible format, to direct outreach and align policy with the needs of the changing veteran population. ``(a) Database.--(1) The Secretary shall collect demographic data of veterans (from any source of such data available to the Secretary, including the National Center for Veterans Analysis and Statistics of the Department, the Bureau of the Census, and the Social Security Administration) and maintain a database of such data. ``(D) Educational level. ``(N) Location of the veteran's residence, disaggregated by-- ``(i) rural or urban setting; ``(ii) distance to a facility of the Department; and ``(iii) whether the veteran has access to broadband service. ``(O) Any other information the Secretary determines appropriate. a) Report Required.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report describing the progress, challenges, performance, and opportunities of implementing the data strategy of the Department of Veterans Affairs. ( 2) Recommendations of the Secretary regarding legislation that may accelerate data management maturity of the Department. ( (7) Information sharing agreements and outstanding requirements with other Federal entities, including gaps best addressed by the addition of survey questions to an existing Federal survey instrument. ( F) The Advisory Committee on Homeless Veterans of the Department. (

To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to maintain demographic information regarding veterans and publish such information on a website of the Department of Veterans Affairs. Congress finds the following: (1) The Department of Veterans Affairs is responsible for providing a variety of benefits and services to more than 19,000,000 living veterans. ( 7) This information is used to inform policymaking efforts and to ensure the needs of the ever-changing veteran population are met. ( (9) Further, the Department, through the National Center for Veterans Analysis and Statistics, has leveraged the vast amount of data generated within the Department and collected by other Federal partners to improve population-based descriptive, statistical, and predictive analytic products to support the Secretary and in evidence-based policymaking, facilitate innovative and collaborative research, and empower modern business intelligence applications. ( 13) It is necessary for the Department to collect, collate, and analyze all available data on veteran demographics, and to share this data with Congress and other stakeholders on an ongoing basis, in an easily digestible format, to direct outreach and align policy with the needs of the changing veteran population. ``(a) Database.--(1) The Secretary shall collect demographic data of veterans (from any source of such data available to the Secretary, including the National Center for Veterans Analysis and Statistics of the Department, the Bureau of the Census, and the Social Security Administration) and maintain a database of such data. ``(D) Educational level. ``(N) Location of the veteran's residence, disaggregated by-- ``(i) rural or urban setting; ``(ii) distance to a facility of the Department; and ``(iii) whether the veteran has access to broadband service. ``(O) Any other information the Secretary determines appropriate. a) Report Required.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report describing the progress, challenges, performance, and opportunities of implementing the data strategy of the Department of Veterans Affairs. ( 2) Recommendations of the Secretary regarding legislation that may accelerate data management maturity of the Department. ( (7) Information sharing agreements and outstanding requirements with other Federal entities, including gaps best addressed by the addition of survey questions to an existing Federal survey instrument. ( F) The Advisory Committee on Homeless Veterans of the Department. (

To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to maintain demographic information regarding veterans and publish such information on a website of the Department of Veterans Affairs. 6) These surveys provide valuable information on the veteran population to the Secretary, Congress, Federal, State, and local governments, academic institutions, and various non- governmental organizations that serve veterans. (7) This information is used to inform policymaking efforts and to ensure the needs of the ever-changing veteran population are met. ( 10) The Department has been a consistent leader in the Federal Open Data program and offers a platform for scaling access to useful data and insight to external stakeholders. 12) In line with the Evidence Act, it is incumbent upon the Secretary to regularly engage with key stakeholders, including Congress, veterans service organizations, advocacy groups, and open government groups to-- (A) enhance the open data program of the Department; and (B) improve development and dissemination of relevant data assets and analytic products to provide more current, accurate, and useful insights on veterans and their families. ( 13) It is necessary for the Department to collect, collate, and analyze all available data on veteran demographics, and to share this data with Congress and other stakeholders on an ongoing basis, in an easily digestible format, to direct outreach and align policy with the needs of the changing veteran population. ``(a) Database.--(1) The Secretary shall collect demographic data of veterans (from any source of such data available to the Secretary, including the National Center for Veterans Analysis and Statistics of the Department, the Bureau of the Census, and the Social Security Administration) and maintain a database of such data. ``(B) Gender identity, disaggregated by-- ``(i) male; ``(ii) female; ``(iii) cisgender; ``(iv) transgender; ``(v) gender diverse; ``(vi) nonbinary; and ``(vii) combinations of clauses (i) through (vi). ``(L) Whether the veteran is enrolled in the patient enrollment system under section 1705 of this title. ``(c) Website.--The Secretary shall maintain a publicly accessible website of the Department that provides access to the database under subsection (a). (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting, after the item relating to section 527, the following new item: ``528. a) Report Required.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report describing the progress, challenges, performance, and opportunities of implementing the data strategy of the Department of Veterans Affairs. ( (4) Progress in implementing requirements under chapter 35 of title 44, United States Code (commonly known as the ``Paperwork Reduction Act''), and related data quality efforts to support strategic management of data collected by the Department. ( 10) Priority data requirements of the Department, identified through consultation with the following entities: (A) The Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives. ( D) The Advisory Committee on Minority Veterans of the Department. ( (F) The Advisory Committee on Homeless Veterans of the Department. ( c) Publication.--Not later than 30 days after submitting the report under this section, the Secretary shall publish such report on the open data website of the Department, with all metrics and data included in a machine readable format.

To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to maintain demographic information regarding veterans and publish such information on a website of the Department of Veterans Affairs. Congress finds the following: (1) The Department of Veterans Affairs is responsible for providing a variety of benefits and services to more than 19,000,000 living veterans. ( 7) This information is used to inform policymaking efforts and to ensure the needs of the ever-changing veteran population are met. ( (9) Further, the Department, through the National Center for Veterans Analysis and Statistics, has leveraged the vast amount of data generated within the Department and collected by other Federal partners to improve population-based descriptive, statistical, and predictive analytic products to support the Secretary and in evidence-based policymaking, facilitate innovative and collaborative research, and empower modern business intelligence applications. ( 13) It is necessary for the Department to collect, collate, and analyze all available data on veteran demographics, and to share this data with Congress and other stakeholders on an ongoing basis, in an easily digestible format, to direct outreach and align policy with the needs of the changing veteran population. ``(a) Database.--(1) The Secretary shall collect demographic data of veterans (from any source of such data available to the Secretary, including the National Center for Veterans Analysis and Statistics of the Department, the Bureau of the Census, and the Social Security Administration) and maintain a database of such data. ``(D) Educational level. ``(N) Location of the veteran's residence, disaggregated by-- ``(i) rural or urban setting; ``(ii) distance to a facility of the Department; and ``(iii) whether the veteran has access to broadband service. ``(O) Any other information the Secretary determines appropriate. a) Report Required.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report describing the progress, challenges, performance, and opportunities of implementing the data strategy of the Department of Veterans Affairs. ( 2) Recommendations of the Secretary regarding legislation that may accelerate data management maturity of the Department. ( (7) Information sharing agreements and outstanding requirements with other Federal entities, including gaps best addressed by the addition of survey questions to an existing Federal survey instrument. ( F) The Advisory Committee on Homeless Veterans of the Department. (

To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to maintain demographic information regarding veterans and publish such information on a website of the Department of Veterans Affairs. 6) These surveys provide valuable information on the veteran population to the Secretary, Congress, Federal, State, and local governments, academic institutions, and various non- governmental organizations that serve veterans. (7) This information is used to inform policymaking efforts and to ensure the needs of the ever-changing veteran population are met. ( 10) The Department has been a consistent leader in the Federal Open Data program and offers a platform for scaling access to useful data and insight to external stakeholders. 12) In line with the Evidence Act, it is incumbent upon the Secretary to regularly engage with key stakeholders, including Congress, veterans service organizations, advocacy groups, and open government groups to-- (A) enhance the open data program of the Department; and (B) improve development and dissemination of relevant data assets and analytic products to provide more current, accurate, and useful insights on veterans and their families. ( 13) It is necessary for the Department to collect, collate, and analyze all available data on veteran demographics, and to share this data with Congress and other stakeholders on an ongoing basis, in an easily digestible format, to direct outreach and align policy with the needs of the changing veteran population. ``(a) Database.--(1) The Secretary shall collect demographic data of veterans (from any source of such data available to the Secretary, including the National Center for Veterans Analysis and Statistics of the Department, the Bureau of the Census, and the Social Security Administration) and maintain a database of such data. ``(B) Gender identity, disaggregated by-- ``(i) male; ``(ii) female; ``(iii) cisgender; ``(iv) transgender; ``(v) gender diverse; ``(vi) nonbinary; and ``(vii) combinations of clauses (i) through (vi). ``(L) Whether the veteran is enrolled in the patient enrollment system under section 1705 of this title. ``(c) Website.--The Secretary shall maintain a publicly accessible website of the Department that provides access to the database under subsection (a). (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting, after the item relating to section 527, the following new item: ``528. a) Report Required.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report describing the progress, challenges, performance, and opportunities of implementing the data strategy of the Department of Veterans Affairs. ( (4) Progress in implementing requirements under chapter 35 of title 44, United States Code (commonly known as the ``Paperwork Reduction Act''), and related data quality efforts to support strategic management of data collected by the Department. ( 10) Priority data requirements of the Department, identified through consultation with the following entities: (A) The Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives. ( D) The Advisory Committee on Minority Veterans of the Department. ( (F) The Advisory Committee on Homeless Veterans of the Department. ( c) Publication.--Not later than 30 days after submitting the report under this section, the Secretary shall publish such report on the open data website of the Department, with all metrics and data included in a machine readable format.

To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to maintain demographic information regarding veterans and publish such information on a website of the Department of Veterans Affairs. Congress finds the following: (1) The Department of Veterans Affairs is responsible for providing a variety of benefits and services to more than 19,000,000 living veterans. ( 7) This information is used to inform policymaking efforts and to ensure the needs of the ever-changing veteran population are met. ( (9) Further, the Department, through the National Center for Veterans Analysis and Statistics, has leveraged the vast amount of data generated within the Department and collected by other Federal partners to improve population-based descriptive, statistical, and predictive analytic products to support the Secretary and in evidence-based policymaking, facilitate innovative and collaborative research, and empower modern business intelligence applications. ( 13) It is necessary for the Department to collect, collate, and analyze all available data on veteran demographics, and to share this data with Congress and other stakeholders on an ongoing basis, in an easily digestible format, to direct outreach and align policy with the needs of the changing veteran population. ``(a) Database.--(1) The Secretary shall collect demographic data of veterans (from any source of such data available to the Secretary, including the National Center for Veterans Analysis and Statistics of the Department, the Bureau of the Census, and the Social Security Administration) and maintain a database of such data. ``(D) Educational level. ``(N) Location of the veteran's residence, disaggregated by-- ``(i) rural or urban setting; ``(ii) distance to a facility of the Department; and ``(iii) whether the veteran has access to broadband service. ``(O) Any other information the Secretary determines appropriate. a) Report Required.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report describing the progress, challenges, performance, and opportunities of implementing the data strategy of the Department of Veterans Affairs. ( 2) Recommendations of the Secretary regarding legislation that may accelerate data management maturity of the Department. ( (7) Information sharing agreements and outstanding requirements with other Federal entities, including gaps best addressed by the addition of survey questions to an existing Federal survey instrument. ( F) The Advisory Committee on Homeless Veterans of the Department. (

To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to maintain demographic information regarding veterans and publish such information on a website of the Department of Veterans Affairs. 12) In line with the Evidence Act, it is incumbent upon the Secretary to regularly engage with key stakeholders, including Congress, veterans service organizations, advocacy groups, and open government groups to-- (A) enhance the open data program of the Department; and (B) improve development and dissemination of relevant data assets and analytic products to provide more current, accurate, and useful insights on veterans and their families. ( ``(a) Database.--(1) The Secretary shall collect demographic data of veterans (from any source of such data available to the Secretary, including the National Center for Veterans Analysis and Statistics of the Department, the Bureau of the Census, and the Social Security Administration) and maintain a database of such data. ``(c) Website.--The Secretary shall maintain a publicly accessible website of the Department that provides access to the database under subsection (a). ( ( 10) Priority data requirements of the Department, identified through consultation with the following entities: (A) The Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives. ( D) The Advisory Committee on Minority Veterans of the Department. ( (

To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to maintain demographic information regarding veterans and publish such information on a website of the Department of Veterans Affairs. 13) It is necessary for the Department to collect, collate, and analyze all available data on veteran demographics, and to share this data with Congress and other stakeholders on an ongoing basis, in an easily digestible format, to direct outreach and align policy with the needs of the changing veteran population. 2) Recommendations of the Secretary regarding legislation that may accelerate data management maturity of the Department. ( (7) Information sharing agreements and outstanding requirements with other Federal entities, including gaps best addressed by the addition of survey questions to an existing Federal survey instrument. ( F) The Advisory Committee on Homeless Veterans of the Department. (

To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to maintain demographic information regarding veterans and publish such information on a website of the Department of Veterans Affairs. 12) In line with the Evidence Act, it is incumbent upon the Secretary to regularly engage with key stakeholders, including Congress, veterans service organizations, advocacy groups, and open government groups to-- (A) enhance the open data program of the Department; and (B) improve development and dissemination of relevant data assets and analytic products to provide more current, accurate, and useful insights on veterans and their families. ( ``(a) Database.--(1) The Secretary shall collect demographic data of veterans (from any source of such data available to the Secretary, including the National Center for Veterans Analysis and Statistics of the Department, the Bureau of the Census, and the Social Security Administration) and maintain a database of such data. ``(c) Website.--The Secretary shall maintain a publicly accessible website of the Department that provides access to the database under subsection (a). ( ( 10) Priority data requirements of the Department, identified through consultation with the following entities: (A) The Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives. ( D) The Advisory Committee on Minority Veterans of the Department. ( (

Every Veteran Counts Act of 2021 This bill directs the Department of Veterans Affairs (VA) to maintain demographic information regarding veterans and publish such information on a VA website. The VA must: (1) collect and maintain demographic data from any source of data, including the National Census, the Social Security Administration (SSA), and other sources; (2) maintain a database of such data Directs the Secretary of Veterans Affairs (VA) to report to Congress on the progress, challenges, performance, and opportunities of implementing the data strategy of the VA. Requires the Secretary to: (1) maintain a publicly accessible VA database that provides access to the database; and (2) publish such report on the VA's data website in a machine-readable format. (Sec.

S.4874

Education

Early Pell Promise Act This bill authorizes the Department of Education (ED) to carry out an Early Federal Pell Grant Commitment Program under which ED must make a commitment to award Pell Grants to certain students. To be eligible to receive a commitment, the student must be in grades 8-12 and a member of a household receiving assistance under the Supplemental Nutrition Assistance Program (SNAP). Pursuant to a commitment, the student shall receive a Pell Grant during the first two academic years of attendance at an institution of higher education (IHE) as an undergraduate if the student

To establish an Early Federal Pell Grant Commitment 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 ``Early Pell Promise Act''. SEC. 2. EARLY FEDERAL PELL GRANT COMMITMENT PROGRAM. Subpart 1 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a et seq.) is amended by adding at the end the following: ``SEC. 401B. EARLY FEDERAL PELL GRANT COMMITMENT PROGRAM. ``(a) Program Authority.--The Secretary is authorized to carry out an Early Federal Pell Grant Commitment Program (referred to in this section as the `Program') under which the Secretary shall-- ``(1) award grants to States to pay the administrative expenses incurred in participating in the Program; and ``(2) make a commitment to award Federal Pell Grants to eligible students in accordance with this section. ``(b) Program Requirements.--The Program shall meet the following requirements: ``(1) Eligible students.-- ``(A) In general.--A student shall be eligible to receive a commitment from the Secretary to receive a Federal Pell Grant early in the student's academic career if the student-- ``(i) is in any of grades 8 through 12; and ``(ii) is a member of a household receiving assistance under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.). ``(2) Federal pell grant commitment.-- ``(A) In general.--Except as provided in subparagraph (B), each eligible student who participates in the Program shall receive a commitment from the Secretary to receive a Federal Pell Grant during the first 2 academic years that the student is in attendance at an institution of higher education as an undergraduate student, if the student-- ``(i) applies for Federal financial aid (via the Free Application for Federal Student Aid under section 483 (referred to in this section as `FAFSA')) for the award year that the student will be in attendance at an institution of higher education; and ``(ii) enrolls at such institution of higher education-- ``(I) not later than 1 year after such student receives a secondary school diploma or its recognized equivalent; or ``(II) if such student becomes a member of the Armed Forces, not later than 3 years after such student is discharged, separated, or released from the Armed Forces. ``(B) Continued eligibility.-- ``(i) In general.--If an eligible student receives a commitment from the Secretary to receive a Federal Pell Grant during the first 2 academic years that the student is in attendance at an institution of higher education as an undergraduate student and the student is not a member of a household receiving assistance under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) at the time of the FAFSA application described in subparagraph (A)(i), then such student shall not receive a Federal Pell Grant pursuant to the commitment under this section for the academic year, unless the student, at the time of such FAFSA application, is a member of a household that is eligible for benefits under-- ``(I) the supplemental security income program under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.); ``(II) a State program funded under the temporary assistance for needy families program under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.); ``(III) the Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.); or ``(IV) a means-tested Federal benefit program, not described in subclause (I), (II), or (III), that is determined appropriate by the Secretary. ``(ii) Eligibility for other aid.--A student who does not receive a Federal Pell Grant pursuant to the commitment under this section because such student is not a member of a household receiving assistance under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) at the time such student applies for Federal financial aid (via the FAFSA) and the student is not eligible for benefits under a program described in clause (i), shall continue to be eligible for any other Federal student financial aid for which the student is otherwise eligible. ``(C) Identification.--The Secretary shall identify for each eligible institution, each eligible student who attends that institution and participates in the Program, including students participating in accordance with subparagraph (B). ``(3) Applicability of federal pell grant requirements.-- The requirements of section 401 shall apply to Federal Pell Grants awarded pursuant to this section, except that with respect to each eligible student who participates in the Program, the amount of each such eligible student's Federal Pell Grant only shall be calculated by deeming such student to have an expected family contribution or student aid index, as applicable, equal to zero. ``(c) State Applications.-- ``(1) In general.--Each State desiring to participate in the Program shall submit an application to the Secretary at such time and in such manner as the Secretary may require. ``(2) Contents.--Each application shall include-- ``(A) a description of the proposed targeted information campaign for the Program and a copy of the plan described in subsection (e)(2); ``(B) an assurance that the State will fully cooperate with the ongoing evaluation of the Program; ``(C) a description of how the State will-- ``(i) encourage participating students to enroll in rigorous and challenging curricula and coursework, in order to reduce the need for remedial coursework at the postsecondary level; ``(ii) increase the number of participating students who-- ``(I) obtain a secondary school diploma; and ``(II) complete applications for and enroll in a program of postsecondary education; ``(iii) introduce participating students to institutions of higher education, through trips and school-based sessions; ``(iv) provide participating students with assistance in the admissions and application process for institutions of higher education or other postsecondary education programs; and ``(v) ensure that each participating student has an educational development plan; and ``(D) such other information as the Secretary may require. ``(3) Educational development plan.--In this subsection, the term `educational development plan' means an individualized plan for a student that-- ``(A) contains a series of steps to help promote the student's career awareness and exploration; and ``(B) assists students in identifying-- ``(i) career and technical education programs or programs of study (as those terms are defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302), as in effect on July 1, 2019); or ``(ii) other postsecondary options, including baccalaureate and subbaccalaureate degree programs. ``(d) Evaluation.-- ``(1) In general.--From amounts appropriated under subsection (f) for a fiscal year, the Secretary shall reserve not less than 2 percent and not more than 5 percent to award a grant or contract to an organization outside the Department for an independent evaluation of the impact of the Program. ``(2) Competitive basis.--The grant or contract shall be awarded on a competitive basis. ``(3) Matters evaluated.--The evaluation described in this subsection shall consider metrics established by the Secretary that emphasize access to and success in institutions of higher education, encouraging low-income students to pursue higher education, and the cost effectiveness of the program. ``(4) Dissemination.--The findings of the evaluation shall be widely disseminated to the public by the organization conducting the evaluation as well as by the Secretary. ``(e) Targeted Information Campaign.-- ``(1) In general.--Each State receiving a grant under this section shall, in cooperation with the participating local educational agencies within the State and the Secretary, develop a targeted information campaign for the Program. ``(2) Plan.--Each State receiving a grant under this section shall include in the application submitted under subsection (c) a written plan for their proposed targeted information campaign. The plan shall include the following: ``(A) Outreach.--Outreach to students and their families, at a minimum, at the beginning and end of each academic year. ``(B) Distribution.--How the State plans to provide the outreach described in subparagraph (A) and to provide the information described in subparagraph (C). ``(C) Information.--The annual provision by the State to all students and families participating in the Program of information regarding-- ``(i) the estimated national and statewide average higher education institution cost data for each academic year, which cost data shall be disaggregated by-- ``(I) type of institution, including-- ``(aa) 2-year public institutions of higher education; ``(bb) 4-year public institutions of higher education; ``(cc) 4-year private institutions of higher education; and ``(dd) private, for-profit institutions of higher education; and ``(II) component, including-- ``(aa) tuition and fees; and ``(bb) room and board; ``(ii) Federal Pell Grants, including-- ``(I) the maximum Federal Pell Grant for each academic year; ``(II) when and how to apply for a Federal Pell Grant; and ``(III) what the application process for a Federal Pell Grant requires; ``(iii) State-specific postsecondary education savings programs; ``(iv) State-based financial aid, including State-based merit aid; ``(v) Federal financial aid available to students, including eligibility criteria for the Federal financial aid and an explanation of the Federal financial aid programs; and ``(vi) financial aid that may be available from non-governmental sources. ``(3) Annual information.--The information described in paragraph (2)(C) shall be provided to eligible students annually for the duration of the students' participation in the Program. ``(4) Reservation.--Each State receiving a grant under this section shall reserve not less than 10 percent of the grant funds received each fiscal year to carry out the targeted information campaign described in this subsection. ``(f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary.''.

Early Pell Promise Act

A bill to establish an Early Federal Pell Grant Commitment Program.

Early Pell Promise Act

Sen. Stabenow, Debbie

D

MI

This bill authorizes the Department of Education (ED) to carry out an Early Federal Pell Grant Commitment Program under which ED must make a commitment to award Pell Grants to certain students. To be eligible to receive a commitment, the student must be in grades 8-12 and a member of a household receiving assistance under the Supplemental Nutrition Assistance Program (SNAP). Pursuant to a commitment, the student shall receive a Pell Grant during the first two academic years of attendance at an institution of higher education (IHE) as an undergraduate if the student

SEC. 2. Subpart 1 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 401B. EARLY FEDERAL PELL GRANT COMMITMENT PROGRAM. 2011 et seq.). ); ``(III) the Medicaid program under title XIX of the Social Security Act (42 U.S.C. ``(ii) Eligibility for other aid.--A student who does not receive a Federal Pell Grant pursuant to the commitment under this section because such student is not a member of a household receiving assistance under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. at the time such student applies for Federal financial aid (via the FAFSA) and the student is not eligible for benefits under a program described in clause (i), shall continue to be eligible for any other Federal student financial aid for which the student is otherwise eligible. ``(C) Identification.--The Secretary shall identify for each eligible institution, each eligible student who attends that institution and participates in the Program, including students participating in accordance with subparagraph (B). ``(c) State Applications.-- ``(1) In general.--Each State desiring to participate in the Program shall submit an application to the Secretary at such time and in such manner as the Secretary may require. ``(3) Educational development plan.--In this subsection, the term `educational development plan' means an individualized plan for a student that-- ``(A) contains a series of steps to help promote the student's career awareness and exploration; and ``(B) assists students in identifying-- ``(i) career and technical education programs or programs of study (as those terms are defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302), as in effect on July 1, 2019); or ``(ii) other postsecondary options, including baccalaureate and subbaccalaureate degree programs. ``(d) Evaluation.-- ``(1) In general.--From amounts appropriated under subsection (f) for a fiscal year, the Secretary shall reserve not less than 2 percent and not more than 5 percent to award a grant or contract to an organization outside the Department for an independent evaluation of the impact of the Program. ``(2) Competitive basis.--The grant or contract shall be awarded on a competitive basis. ``(4) Dissemination.--The findings of the evaluation shall be widely disseminated to the public by the organization conducting the evaluation as well as by the Secretary. ``(e) Targeted Information Campaign.-- ``(1) In general.--Each State receiving a grant under this section shall, in cooperation with the participating local educational agencies within the State and the Secretary, develop a targeted information campaign for the Program. The plan shall include the following: ``(A) Outreach.--Outreach to students and their families, at a minimum, at the beginning and end of each academic year. ``(f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary.

SEC. 2. Subpart 1 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. EARLY FEDERAL PELL GRANT COMMITMENT PROGRAM. 2011 et seq.). ); ``(III) the Medicaid program under title XIX of the Social Security Act (42 U.S.C. ``(ii) Eligibility for other aid.--A student who does not receive a Federal Pell Grant pursuant to the commitment under this section because such student is not a member of a household receiving assistance under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. at the time such student applies for Federal financial aid (via the FAFSA) and the student is not eligible for benefits under a program described in clause (i), shall continue to be eligible for any other Federal student financial aid for which the student is otherwise eligible. ``(C) Identification.--The Secretary shall identify for each eligible institution, each eligible student who attends that institution and participates in the Program, including students participating in accordance with subparagraph (B). ``(c) State Applications.-- ``(1) In general.--Each State desiring to participate in the Program shall submit an application to the Secretary at such time and in such manner as the Secretary may require. ``(2) Competitive basis.--The grant or contract shall be awarded on a competitive basis. ``(4) Dissemination.--The findings of the evaluation shall be widely disseminated to the public by the organization conducting the evaluation as well as by the Secretary. ``(e) Targeted Information Campaign.-- ``(1) In general.--Each State receiving a grant under this section shall, in cooperation with the participating local educational agencies within the State and the Secretary, develop a targeted information campaign for the Program. The plan shall include the following: ``(A) Outreach.--Outreach to students and their families, at a minimum, at the beginning and end of each academic year. ``(f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SEC. 2. Subpart 1 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 401B. EARLY FEDERAL PELL GRANT COMMITMENT PROGRAM. 2011 et seq.). ); ``(III) the Medicaid program under title XIX of the Social Security Act (42 U.S.C. ``(ii) Eligibility for other aid.--A student who does not receive a Federal Pell Grant pursuant to the commitment under this section because such student is not a member of a household receiving assistance under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. at the time such student applies for Federal financial aid (via the FAFSA) and the student is not eligible for benefits under a program described in clause (i), shall continue to be eligible for any other Federal student financial aid for which the student is otherwise eligible. ``(C) Identification.--The Secretary shall identify for each eligible institution, each eligible student who attends that institution and participates in the Program, including students participating in accordance with subparagraph (B). ``(c) State Applications.-- ``(1) In general.--Each State desiring to participate in the Program shall submit an application to the Secretary at such time and in such manner as the Secretary may require. ``(2) Contents.--Each application shall include-- ``(A) a description of the proposed targeted information campaign for the Program and a copy of the plan described in subsection (e)(2); ``(B) an assurance that the State will fully cooperate with the ongoing evaluation of the Program; ``(C) a description of how the State will-- ``(i) encourage participating students to enroll in rigorous and challenging curricula and coursework, in order to reduce the need for remedial coursework at the postsecondary level; ``(ii) increase the number of participating students who-- ``(I) obtain a secondary school diploma; and ``(II) complete applications for and enroll in a program of postsecondary education; ``(iii) introduce participating students to institutions of higher education, through trips and school-based sessions; ``(iv) provide participating students with assistance in the admissions and application process for institutions of higher education or other postsecondary education programs; and ``(v) ensure that each participating student has an educational development plan; and ``(D) such other information as the Secretary may require. ``(3) Educational development plan.--In this subsection, the term `educational development plan' means an individualized plan for a student that-- ``(A) contains a series of steps to help promote the student's career awareness and exploration; and ``(B) assists students in identifying-- ``(i) career and technical education programs or programs of study (as those terms are defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302), as in effect on July 1, 2019); or ``(ii) other postsecondary options, including baccalaureate and subbaccalaureate degree programs. ``(d) Evaluation.-- ``(1) In general.--From amounts appropriated under subsection (f) for a fiscal year, the Secretary shall reserve not less than 2 percent and not more than 5 percent to award a grant or contract to an organization outside the Department for an independent evaluation of the impact of the Program. ``(2) Competitive basis.--The grant or contract shall be awarded on a competitive basis. ``(3) Matters evaluated.--The evaluation described in this subsection shall consider metrics established by the Secretary that emphasize access to and success in institutions of higher education, encouraging low-income students to pursue higher education, and the cost effectiveness of the program. ``(4) Dissemination.--The findings of the evaluation shall be widely disseminated to the public by the organization conducting the evaluation as well as by the Secretary. ``(e) Targeted Information Campaign.-- ``(1) In general.--Each State receiving a grant under this section shall, in cooperation with the participating local educational agencies within the State and the Secretary, develop a targeted information campaign for the Program. The plan shall include the following: ``(A) Outreach.--Outreach to students and their families, at a minimum, at the beginning and end of each academic year. ``(f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. SEC. 2. Subpart 1 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a et seq.) is amended by adding at the end the following: ``SEC. 401B. EARLY FEDERAL PELL GRANT COMMITMENT PROGRAM. 2011 et seq.). ``(2) Federal pell grant commitment.-- ``(A) In general.--Except as provided in subparagraph (B), each eligible student who participates in the Program shall receive a commitment from the Secretary to receive a Federal Pell Grant during the first 2 academic years that the student is in attendance at an institution of higher education as an undergraduate student, if the student-- ``(i) applies for Federal financial aid (via the Free Application for Federal Student Aid under section 483 (referred to in this section as `FAFSA')) for the award year that the student will be in attendance at an institution of higher education; and ``(ii) enrolls at such institution of higher education-- ``(I) not later than 1 year after such student receives a secondary school diploma or its recognized equivalent; or ``(II) if such student becomes a member of the Armed Forces, not later than 3 years after such student is discharged, separated, or released from the Armed Forces. ); ``(III) the Medicaid program under title XIX of the Social Security Act (42 U.S.C. ``(ii) Eligibility for other aid.--A student who does not receive a Federal Pell Grant pursuant to the commitment under this section because such student is not a member of a household receiving assistance under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. at the time such student applies for Federal financial aid (via the FAFSA) and the student is not eligible for benefits under a program described in clause (i), shall continue to be eligible for any other Federal student financial aid for which the student is otherwise eligible. ``(C) Identification.--The Secretary shall identify for each eligible institution, each eligible student who attends that institution and participates in the Program, including students participating in accordance with subparagraph (B). ``(3) Applicability of federal pell grant requirements.-- The requirements of section 401 shall apply to Federal Pell Grants awarded pursuant to this section, except that with respect to each eligible student who participates in the Program, the amount of each such eligible student's Federal Pell Grant only shall be calculated by deeming such student to have an expected family contribution or student aid index, as applicable, equal to zero. ``(c) State Applications.-- ``(1) In general.--Each State desiring to participate in the Program shall submit an application to the Secretary at such time and in such manner as the Secretary may require. ``(2) Contents.--Each application shall include-- ``(A) a description of the proposed targeted information campaign for the Program and a copy of the plan described in subsection (e)(2); ``(B) an assurance that the State will fully cooperate with the ongoing evaluation of the Program; ``(C) a description of how the State will-- ``(i) encourage participating students to enroll in rigorous and challenging curricula and coursework, in order to reduce the need for remedial coursework at the postsecondary level; ``(ii) increase the number of participating students who-- ``(I) obtain a secondary school diploma; and ``(II) complete applications for and enroll in a program of postsecondary education; ``(iii) introduce participating students to institutions of higher education, through trips and school-based sessions; ``(iv) provide participating students with assistance in the admissions and application process for institutions of higher education or other postsecondary education programs; and ``(v) ensure that each participating student has an educational development plan; and ``(D) such other information as the Secretary may require. ``(3) Educational development plan.--In this subsection, the term `educational development plan' means an individualized plan for a student that-- ``(A) contains a series of steps to help promote the student's career awareness and exploration; and ``(B) assists students in identifying-- ``(i) career and technical education programs or programs of study (as those terms are defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302), as in effect on July 1, 2019); or ``(ii) other postsecondary options, including baccalaureate and subbaccalaureate degree programs. ``(d) Evaluation.-- ``(1) In general.--From amounts appropriated under subsection (f) for a fiscal year, the Secretary shall reserve not less than 2 percent and not more than 5 percent to award a grant or contract to an organization outside the Department for an independent evaluation of the impact of the Program. ``(2) Competitive basis.--The grant or contract shall be awarded on a competitive basis. ``(3) Matters evaluated.--The evaluation described in this subsection shall consider metrics established by the Secretary that emphasize access to and success in institutions of higher education, encouraging low-income students to pursue higher education, and the cost effectiveness of the program. ``(4) Dissemination.--The findings of the evaluation shall be widely disseminated to the public by the organization conducting the evaluation as well as by the Secretary. ``(e) Targeted Information Campaign.-- ``(1) In general.--Each State receiving a grant under this section shall, in cooperation with the participating local educational agencies within the State and the Secretary, develop a targeted information campaign for the Program. The plan shall include the following: ``(A) Outreach.--Outreach to students and their families, at a minimum, at the beginning and end of each academic year. ``(3) Annual information.--The information described in paragraph (2)(C) shall be provided to eligible students annually for the duration of the students' participation in the Program. ``(f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary.

To establish an Early Federal Pell Grant Commitment Program. ``(b) Program Requirements.--The Program shall meet the following requirements: ``(1) Eligible students.-- ``(A) In general.--A student shall be eligible to receive a commitment from the Secretary to receive a Federal Pell Grant early in the student's academic career if the student-- ``(i) is in any of grades 8 through 12; and ``(ii) is a member of a household receiving assistance under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.). ``(B) Continued eligibility.-- ``(i) In general.--If an eligible student receives a commitment from the Secretary to receive a Federal Pell Grant during the first 2 academic years that the student is in attendance at an institution of higher education as an undergraduate student and the student is not a member of a household receiving assistance under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) at the time of the FAFSA application described in subparagraph (A)(i), then such student shall not receive a Federal Pell Grant pursuant to the commitment under this section for the academic year, unless the student, at the time of such FAFSA application, is a member of a household that is eligible for benefits under-- ``(I) the supplemental security income program under title XVI of the Social Security Act (42 U.S.C. 1381 et seq. ); ``(III) the Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq. ); at the time such student applies for Federal financial aid (via the FAFSA) and the student is not eligible for benefits under a program described in clause (i), shall continue to be eligible for any other Federal student financial aid for which the student is otherwise eligible. ``(C) Identification.--The Secretary shall identify for each eligible institution, each eligible student who attends that institution and participates in the Program, including students participating in accordance with subparagraph (B). ``(3) Educational development plan.--In this subsection, the term `educational development plan' means an individualized plan for a student that-- ``(A) contains a series of steps to help promote the student's career awareness and exploration; and ``(B) assists students in identifying-- ``(i) career and technical education programs or programs of study (as those terms are defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302), as in effect on July 1, 2019); or ``(ii) other postsecondary options, including baccalaureate and subbaccalaureate degree programs. ``(2) Plan.--Each State receiving a grant under this section shall include in the application submitted under subsection (c) a written plan for their proposed targeted information campaign. ``(B) Distribution.--How the State plans to provide the outreach described in subparagraph (A) and to provide the information described in subparagraph (C). ``(3) Annual information.--The information described in paragraph (2)(C) shall be provided to eligible students annually for the duration of the students' participation in the Program. ``(4) Reservation.--Each State receiving a grant under this section shall reserve not less than 10 percent of the grant funds received each fiscal year to carry out the targeted information campaign described in this subsection. ``(f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary. ''.

To establish an Early Federal Pell Grant Commitment Program. ``(b) Program Requirements.--The Program shall meet the following requirements: ``(1) Eligible students.-- ``(A) In general.--A student shall be eligible to receive a commitment from the Secretary to receive a Federal Pell Grant early in the student's academic career if the student-- ``(i) is in any of grades 8 through 12; and ``(ii) is a member of a household receiving assistance under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.). ``(B) Continued eligibility.-- ``(i) In general.--If an eligible student receives a commitment from the Secretary to receive a Federal Pell Grant during the first 2 academic years that the student is in attendance at an institution of higher education as an undergraduate student and the student is not a member of a household receiving assistance under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) ``(III) the Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq. ); or ``(IV) a means-tested Federal benefit program, not described in subclause (I), (II), or (III), that is determined appropriate by the Secretary. ``(3) Applicability of federal pell grant requirements.-- The requirements of section 401 shall apply to Federal Pell Grants awarded pursuant to this section, except that with respect to each eligible student who participates in the Program, the amount of each such eligible student's Federal Pell Grant only shall be calculated by deeming such student to have an expected family contribution or student aid index, as applicable, equal to zero. ``(d) Evaluation.-- ``(1) In general.--From amounts appropriated under subsection (f) for a fiscal year, the Secretary shall reserve not less than 2 percent and not more than 5 percent to award a grant or contract to an organization outside the Department for an independent evaluation of the impact of the Program. ``(2) Competitive basis.--The grant or contract shall be awarded on a competitive basis. ``(4) Dissemination.--The findings of the evaluation shall be widely disseminated to the public by the organization conducting the evaluation as well as by the Secretary. ``(3) Annual information.--The information described in paragraph (2)(C) shall be provided to eligible students annually for the duration of the students' participation in the Program. ``(4) Reservation.--Each State receiving a grant under this section shall reserve not less than 10 percent of the grant funds received each fiscal year to carry out the targeted information campaign described in this subsection. ``(f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary. ''.

To establish an Early Federal Pell Grant Commitment Program. ``(b) Program Requirements.--The Program shall meet the following requirements: ``(1) Eligible students.-- ``(A) In general.--A student shall be eligible to receive a commitment from the Secretary to receive a Federal Pell Grant early in the student's academic career if the student-- ``(i) is in any of grades 8 through 12; and ``(ii) is a member of a household receiving assistance under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.). ``(B) Continued eligibility.-- ``(i) In general.--If an eligible student receives a commitment from the Secretary to receive a Federal Pell Grant during the first 2 academic years that the student is in attendance at an institution of higher education as an undergraduate student and the student is not a member of a household receiving assistance under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) ``(III) the Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq. ); or ``(IV) a means-tested Federal benefit program, not described in subclause (I), (II), or (III), that is determined appropriate by the Secretary. ``(3) Applicability of federal pell grant requirements.-- The requirements of section 401 shall apply to Federal Pell Grants awarded pursuant to this section, except that with respect to each eligible student who participates in the Program, the amount of each such eligible student's Federal Pell Grant only shall be calculated by deeming such student to have an expected family contribution or student aid index, as applicable, equal to zero. ``(d) Evaluation.-- ``(1) In general.--From amounts appropriated under subsection (f) for a fiscal year, the Secretary shall reserve not less than 2 percent and not more than 5 percent to award a grant or contract to an organization outside the Department for an independent evaluation of the impact of the Program. ``(2) Competitive basis.--The grant or contract shall be awarded on a competitive basis. ``(4) Dissemination.--The findings of the evaluation shall be widely disseminated to the public by the organization conducting the evaluation as well as by the Secretary. ``(3) Annual information.--The information described in paragraph (2)(C) shall be provided to eligible students annually for the duration of the students' participation in the Program. ``(4) Reservation.--Each State receiving a grant under this section shall reserve not less than 10 percent of the grant funds received each fiscal year to carry out the targeted information campaign described in this subsection. ``(f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary. ''.

To establish an Early Federal Pell Grant Commitment Program. ``(b) Program Requirements.--The Program shall meet the following requirements: ``(1) Eligible students.-- ``(A) In general.--A student shall be eligible to receive a commitment from the Secretary to receive a Federal Pell Grant early in the student's academic career if the student-- ``(i) is in any of grades 8 through 12; and ``(ii) is a member of a household receiving assistance under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.). ``(B) Continued eligibility.-- ``(i) In general.--If an eligible student receives a commitment from the Secretary to receive a Federal Pell Grant during the first 2 academic years that the student is in attendance at an institution of higher education as an undergraduate student and the student is not a member of a household receiving assistance under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) at the time of the FAFSA application described in subparagraph (A)(i), then such student shall not receive a Federal Pell Grant pursuant to the commitment under this section for the academic year, unless the student, at the time of such FAFSA application, is a member of a household that is eligible for benefits under-- ``(I) the supplemental security income program under title XVI of the Social Security Act (42 U.S.C. 1381 et seq. ); ``(III) the Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq. ); at the time such student applies for Federal financial aid (via the FAFSA) and the student is not eligible for benefits under a program described in clause (i), shall continue to be eligible for any other Federal student financial aid for which the student is otherwise eligible. ``(C) Identification.--The Secretary shall identify for each eligible institution, each eligible student who attends that institution and participates in the Program, including students participating in accordance with subparagraph (B). ``(3) Educational development plan.--In this subsection, the term `educational development plan' means an individualized plan for a student that-- ``(A) contains a series of steps to help promote the student's career awareness and exploration; and ``(B) assists students in identifying-- ``(i) career and technical education programs or programs of study (as those terms are defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302), as in effect on July 1, 2019); or ``(ii) other postsecondary options, including baccalaureate and subbaccalaureate degree programs. ``(2) Plan.--Each State receiving a grant under this section shall include in the application submitted under subsection (c) a written plan for their proposed targeted information campaign. ``(B) Distribution.--How the State plans to provide the outreach described in subparagraph (A) and to provide the information described in subparagraph (C). ``(3) Annual information.--The information described in paragraph (2)(C) shall be provided to eligible students annually for the duration of the students' participation in the Program. ``(4) Reservation.--Each State receiving a grant under this section shall reserve not less than 10 percent of the grant funds received each fiscal year to carry out the targeted information campaign described in this subsection. ``(f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary. ''.

To establish an Early Federal Pell Grant Commitment Program. ``(b) Program Requirements.--The Program shall meet the following requirements: ``(1) Eligible students.-- ``(A) In general.--A student shall be eligible to receive a commitment from the Secretary to receive a Federal Pell Grant early in the student's academic career if the student-- ``(i) is in any of grades 8 through 12; and ``(ii) is a member of a household receiving assistance under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.). ``(B) Continued eligibility.-- ``(i) In general.--If an eligible student receives a commitment from the Secretary to receive a Federal Pell Grant during the first 2 academic years that the student is in attendance at an institution of higher education as an undergraduate student and the student is not a member of a household receiving assistance under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) ``(III) the Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq. ); or ``(IV) a means-tested Federal benefit program, not described in subclause (I), (II), or (III), that is determined appropriate by the Secretary. ``(3) Applicability of federal pell grant requirements.-- The requirements of section 401 shall apply to Federal Pell Grants awarded pursuant to this section, except that with respect to each eligible student who participates in the Program, the amount of each such eligible student's Federal Pell Grant only shall be calculated by deeming such student to have an expected family contribution or student aid index, as applicable, equal to zero. ``(d) Evaluation.-- ``(1) In general.--From amounts appropriated under subsection (f) for a fiscal year, the Secretary shall reserve not less than 2 percent and not more than 5 percent to award a grant or contract to an organization outside the Department for an independent evaluation of the impact of the Program. ``(2) Competitive basis.--The grant or contract shall be awarded on a competitive basis. ``(4) Dissemination.--The findings of the evaluation shall be widely disseminated to the public by the organization conducting the evaluation as well as by the Secretary. ``(3) Annual information.--The information described in paragraph (2)(C) shall be provided to eligible students annually for the duration of the students' participation in the Program. ``(4) Reservation.--Each State receiving a grant under this section shall reserve not less than 10 percent of the grant funds received each fiscal year to carry out the targeted information campaign described in this subsection. ``(f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary. ''.

To establish an Early Federal Pell Grant Commitment Program. ``(b) Program Requirements.--The Program shall meet the following requirements: ``(1) Eligible students.-- ``(A) In general.--A student shall be eligible to receive a commitment from the Secretary to receive a Federal Pell Grant early in the student's academic career if the student-- ``(i) is in any of grades 8 through 12; and ``(ii) is a member of a household receiving assistance under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.). ``(B) Continued eligibility.-- ``(i) In general.--If an eligible student receives a commitment from the Secretary to receive a Federal Pell Grant during the first 2 academic years that the student is in attendance at an institution of higher education as an undergraduate student and the student is not a member of a household receiving assistance under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) at the time of the FAFSA application described in subparagraph (A)(i), then such student shall not receive a Federal Pell Grant pursuant to the commitment under this section for the academic year, unless the student, at the time of such FAFSA application, is a member of a household that is eligible for benefits under-- ``(I) the supplemental security income program under title XVI of the Social Security Act (42 U.S.C. 1381 et seq. ); ``(III) the Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq. ); at the time such student applies for Federal financial aid (via the FAFSA) and the student is not eligible for benefits under a program described in clause (i), shall continue to be eligible for any other Federal student financial aid for which the student is otherwise eligible. ``(C) Identification.--The Secretary shall identify for each eligible institution, each eligible student who attends that institution and participates in the Program, including students participating in accordance with subparagraph (B). ``(3) Educational development plan.--In this subsection, the term `educational development plan' means an individualized plan for a student that-- ``(A) contains a series of steps to help promote the student's career awareness and exploration; and ``(B) assists students in identifying-- ``(i) career and technical education programs or programs of study (as those terms are defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302), as in effect on July 1, 2019); or ``(ii) other postsecondary options, including baccalaureate and subbaccalaureate degree programs. ``(2) Plan.--Each State receiving a grant under this section shall include in the application submitted under subsection (c) a written plan for their proposed targeted information campaign. ``(B) Distribution.--How the State plans to provide the outreach described in subparagraph (A) and to provide the information described in subparagraph (C). ``(3) Annual information.--The information described in paragraph (2)(C) shall be provided to eligible students annually for the duration of the students' participation in the Program. ``(4) Reservation.--Each State receiving a grant under this section shall reserve not less than 10 percent of the grant funds received each fiscal year to carry out the targeted information campaign described in this subsection. ``(f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary. ''.

To establish an Early Federal Pell Grant Commitment Program. ``(b) Program Requirements.--The Program shall meet the following requirements: ``(1) Eligible students.-- ``(A) In general.--A student shall be eligible to receive a commitment from the Secretary to receive a Federal Pell Grant early in the student's academic career if the student-- ``(i) is in any of grades 8 through 12; and ``(ii) is a member of a household receiving assistance under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.). ``(B) Continued eligibility.-- ``(i) In general.--If an eligible student receives a commitment from the Secretary to receive a Federal Pell Grant during the first 2 academic years that the student is in attendance at an institution of higher education as an undergraduate student and the student is not a member of a household receiving assistance under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) ``(III) the Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq. ); or ``(IV) a means-tested Federal benefit program, not described in subclause (I), (II), or (III), that is determined appropriate by the Secretary. ``(3) Applicability of federal pell grant requirements.-- The requirements of section 401 shall apply to Federal Pell Grants awarded pursuant to this section, except that with respect to each eligible student who participates in the Program, the amount of each such eligible student's Federal Pell Grant only shall be calculated by deeming such student to have an expected family contribution or student aid index, as applicable, equal to zero. ``(d) Evaluation.-- ``(1) In general.--From amounts appropriated under subsection (f) for a fiscal year, the Secretary shall reserve not less than 2 percent and not more than 5 percent to award a grant or contract to an organization outside the Department for an independent evaluation of the impact of the Program. ``(2) Competitive basis.--The grant or contract shall be awarded on a competitive basis. ``(4) Dissemination.--The findings of the evaluation shall be widely disseminated to the public by the organization conducting the evaluation as well as by the Secretary. ``(3) Annual information.--The information described in paragraph (2)(C) shall be provided to eligible students annually for the duration of the students' participation in the Program. ``(4) Reservation.--Each State receiving a grant under this section shall reserve not less than 10 percent of the grant funds received each fiscal year to carry out the targeted information campaign described in this subsection. ``(f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary. ''.

To establish an Early Federal Pell Grant Commitment Program. ``(b) Program Requirements.--The Program shall meet the following requirements: ``(1) Eligible students.-- ``(A) In general.--A student shall be eligible to receive a commitment from the Secretary to receive a Federal Pell Grant early in the student's academic career if the student-- ``(i) is in any of grades 8 through 12; and ``(ii) is a member of a household receiving assistance under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.). ); ``(III) the Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq. ); ``(B) Distribution.--How the State plans to provide the outreach described in subparagraph (A) and to provide the information described in subparagraph (C). ``(3) Annual information.--The information described in paragraph (2)(C) shall be provided to eligible students annually for the duration of the students' participation in the Program. ``(4) Reservation.--Each State receiving a grant under this section shall reserve not less than 10 percent of the grant funds received each fiscal year to carry out the targeted information campaign described in this subsection.

To establish an Early Federal Pell Grant Commitment Program. ``(b) Program Requirements.--The Program shall meet the following requirements: ``(1) Eligible students.-- ``(A) In general.--A student shall be eligible to receive a commitment from the Secretary to receive a Federal Pell Grant early in the student's academic career if the student-- ``(i) is in any of grades 8 through 12; and ``(ii) is a member of a household receiving assistance under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.). ``(4) Dissemination.--The findings of the evaluation shall be widely disseminated to the public by the organization conducting the evaluation as well as by the Secretary. ``(4) Reservation.--Each State receiving a grant under this section shall reserve not less than 10 percent of the grant funds received each fiscal year to carry out the targeted information campaign described in this subsection.

To establish an Early Federal Pell Grant Commitment Program. ``(b) Program Requirements.--The Program shall meet the following requirements: ``(1) Eligible students.-- ``(A) In general.--A student shall be eligible to receive a commitment from the Secretary to receive a Federal Pell Grant early in the student's academic career if the student-- ``(i) is in any of grades 8 through 12; and ``(ii) is a member of a household receiving assistance under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.). ); ``(III) the Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq. ); ``(B) Distribution.--How the State plans to provide the outreach described in subparagraph (A) and to provide the information described in subparagraph (C). ``(3) Annual information.--The information described in paragraph (2)(C) shall be provided to eligible students annually for the duration of the students' participation in the Program. ``(4) Reservation.--Each State receiving a grant under this section shall reserve not less than 10 percent of the grant funds received each fiscal year to carry out the targeted information campaign described in this subsection.

Early Pell Promise Act - Amends the Higher Education Act of 1965 to authorize the Secretary of Education to carry out an Early Federal Pell Grant Commitment Program under which the Secretary shall award grants to states to pay the administrative expenses incurred in participating in the Program and make a commitment to award Pell Grants to eligible students early in their academic career. (Currently, the Secretary may award Pell This bill directs the Department of Education (ED) to award competitive grants to states to develop a targeted information campaign for the Pell Grant program. The campaign must include: (1) outreach to students and their families at the beginning and end of each academic year; (2) information regarding the estimated national and statewide average higher education institution cost data; (3) educational development plans for students

H.R.3397

Education

Supporting Young Language Learners' Access to Bilingual Education Act of 2021 or the SYLLABLE Act This bill authorizes the Department of Education to award up to five grants to partnerships of local educational agencies, early childhood education programs, and technical assistance entities for the implementation of dual language immersion programs to serve low-income children, including English learners and minority children, in high-need schools from preschool through grade five.

To establish high-quality dual language immersion programs in low- income communities, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Supporting Young Language Learners' Access to Bilingual Education Act of 2021'' or the ``SYLLABLE Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The demand for bilingual employees in the United States continues to outpace our supply. (2) Dual language immersion engenders an inclusive learning environment for all students. (3) Studies have demonstrated that all students in multilanguage immersion programs have higher academic achievement as measured by statewide examination, regardless of socioeconomic status. (4) Dual language immersion has proven to be one of the most effective and longest lasting intervention methods for English learners. (5) The Rand Corporation found that long-term participation in dual language immersion programs is correlated with closing or substantial reduction of achievement gaps for historically underserved students. (6) Few children from low-income families, particularly African-American children, have had access to a well-developed and well-implemented dual language program. (7) Children in dual language programs experience substantial gains in language, literacy, and mathematics. SEC. 3. DUAL LANGUAGE FLAGSHIP GRANTS. (a) Purposes.--The purposes of this section are as follows: (1) To provide incentives for local educational agencies to develop innovative strategies for planning and implementing dual language immersion programs serving children from low- income families, including English learners and minority children. (2) To improve the school readiness of children from low- income families, including English learners and minority children, and to ensure they enter school ready to succeed. (3) To provide consistent support for learning through high-quality dual language programs from preschool through the fifth grade. (4) To authorize the Secretary to carry out projects to enhance the multiliteracy and bilingualism skills for children from low-income families, including English learners and minority children, through the use and longitudinal evaluation of dual language programs beginning in preschool through the fifth grade. (b) Program Authorized.--From funds made available under subsection (i), and after reserving funds under subsection (c), the Secretary is authorized to award not more than five grants to fund programs proposed by eligible entities to demonstrate effective strategies in ensuring the academic success of students from low-income families, including English learners and minority students, through the implementation and evaluation of high-quality multilanguage programs that-- (1) serve children in high-need schools, including English learners and minority children, from preschool through fifth grade; (2) establish an infrastructure that supports programs through a rigorous assessment system, dedicated staff time, professional development in assessment, a data collection plan, and the collection of multiple measures of academic progress, bilingualism, and multiliteracy; (3) implement and align a curriculum that promotes the development of bilingual and multiliterate competencies for all students through at least grade five; (4) utilize and align student-centered instructional methods that enhance the development of bilingualism, multiliteracy, and academic achievement; (5) align professional development and training for early childhood education instructors and elementary school teachers and staff, with an emphasis on dual language instruction, second language acquisition, and content knowledge; (6) recruit, train, and continuously develop staff to implement high-quality, dual language immersion programs; and (7) establish a responsive infrastructure for positive, active, and ongoing relationships with students' families and the community that responds to and is reflective of the needs of the community and goals of the program. (c) Reservation.--The Secretary shall reserve not more than 5 percent of the amount appropriated under subsection (i) to carry out this Act, including the technical assistance and evaluation described in subsection (g) and dissemination of best practices described in subsection (h). (d) Duration.--Each grant under this section shall be awarded for a period of not more than five years. (e) Applications for Grants.-- (1) In general.--Each eligible entity desiring a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require. (2) Required documentation.--Each application submitted by an eligible entity under this section for proposed programs shall include documentation that-- (A) the eligible entity has partnered with a technical assistance entity that has proven expertise in the implementation of high-quality dual language programs to provide on-going technical assistance and assist with the evaluation of the program; (B) the eligible entity has the qualified personnel to develop, administer, evaluate, and implement the program; and (C) the eligible entity serves children from low- income families, including English learners and minority children. (3) Other application contents.--Each application submitted by an entity under this section for a proposed program shall include-- (A) data showing that the program serves children from low-income families, including English learners and minority children; (B) a description of how the program will align the language of assessment with the language of instruction; (C) a description of how the program will be evaluated to assess the goals of the program; (D) a description, if applicable, of how the evaluation will be used to inform broader efforts to improve instruction for English learners, including for preschool-aged children; (E) a description of activities that will be pursued by the program including a description of-- (i) how the activities will further the school readiness and academic progress of children served by this program and support dual language development through grade five; (ii) methods of designing culturally responsive and linguistically appropriate dual language curriculum; and (iii) methods of teacher professional development and parent outreach that will be used or developed through the programs; (F) an assurance that the program will annually provide such information as may be required by the Secretary; and (G) any other information that the Secretary may require. (f) Selection of Grantees.--The Secretary through a peer review process shall select eligible entities to receive grants under this section based on-- (1) the articulation of preschool through fifth grade instructional practices, curriculum, and assessments strategies; (2) the extent to which relevant and directly impacted school leaders have been involved with the proposed programs and indicated a commitment to carrying out high-quality dual language immersion programs; and (3) the quality of the programs proposed in the applications submitted under subsection (e). (g) Technical Assistance and Evaluation.--From the amount appropriated under subsection (i) for a fiscal year, the Secretary shall reserve $250,000 to contract with an eligible entity with a proven track record in dual language immersion programs for the purpose of-- (1) providing technical assistance to local educational agencies receiving grants under this Act in order to strengthen programs conducted by grantees pursuant to this Act; and (2) conducting an evaluation of programs funded under this Act, which shall-- (A) be used by the Secretary to determine the effectiveness of programs funded through this Act and improve services to participating children; and (B) include-- (i) a comprehensive evaluation of the impact of the programs on students, including an assessment of literacy skills and language development in both English and the primary home language; (ii) a comprehensive evaluation of the effectiveness of instructional practices used in the programs; and (iii) a comprehensive evaluation of professional development strategies. (h) Dissemination of Best Practices.--The Secretary shall disseminate information on model programs, materials, and other information developed under this section that the Secretary determines to be appropriate for use by early childhood education providers to improve the school readiness of English learners. (i) Authorization of Appropriations.--For the purposes of carrying out this section, there are authorized to be appropriated $15,000,000 for fiscal year 2022 and such sums as may be necessary for each of the 4 succeeding fiscal years. (j) Definitions.--In this section: (1) Dual language immersion program.--The term ``dual language immersion program'' means an instructional strategy in which students-- (A) are taught literacy and content in English and a partner language; (B) use the partner language for at least half of the instructional day; and (C) foster bilingualism, multiliteracy, enhanced awareness of linguistic and cultural diversity, and high levels of academic achievement through instruction in English and a partner language. (2) Early childhood education program.--The term ``early childhood education program'' includes a State-funded preschool program and a Head Start program. (3) Eligible entity.--The term ``eligible entity'' means a partnership between-- (A) at least one local educational agency; (B) at least one early childhood education program; and (C) at least one technical assistance entity. (4) English learner.--The term ``English learner'' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (5) High-need school.--The term ``high-need school'' has the meaning given the term in section 2221(b)(3)(A) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6641(b)(3)(A)). (6) Low-income family.--The term ``low-income family'' has the meaning given the term in section 2221(b)(3)(B) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6641(b)(3)(B)). (7) Secretary.--The term ``Secretary'' means the Secretary of Education. (8) State-funded preschool program.--The term ``State- funded preschool program'' means a program that-- (A) serves children who are ages 3 through 5; (B) has a primary focus of supporting early childhood education, including supporting children's cognitive, social, emotional, and physical development and approaches to learning; (C) helps prepare children for a successful transition to kindergarten; (D) is either a public school- or community-based program; and (E) is funded either in whole or in part by a State through a State agency with authority to promulgate regulations and monitor participating programs. <all>

SYLLABLE Act

To establish high-quality dual language immersion programs in low-income communities, and for other purposes.

SYLLABLE Act Supporting Young Language Learners’ Access to Bilingual Education Act of 2021

Rep. Grijalva, Raúl M.

D

AZ

This bill authorizes the Department of Education to award up to five grants to partnerships of local educational agencies, early childhood education programs, and technical assistance entities for the implementation of dual language immersion programs to serve low-income children, including English learners and minority children, in high-need schools from preschool through grade five.

To establish high-quality dual language immersion programs in low- income communities, and for other purposes. This Act may be cited as the ``Supporting Young Language Learners' Access to Bilingual Education Act of 2021'' or the ``SYLLABLE Act''. SEC. 3. DUAL LANGUAGE FLAGSHIP GRANTS. (2) To improve the school readiness of children from low- income families, including English learners and minority children, and to ensure they enter school ready to succeed. (b) Program Authorized.--From funds made available under subsection (i), and after reserving funds under subsection (c), the Secretary is authorized to award not more than five grants to fund programs proposed by eligible entities to demonstrate effective strategies in ensuring the academic success of students from low-income families, including English learners and minority students, through the implementation and evaluation of high-quality multilanguage programs that-- (1) serve children in high-need schools, including English learners and minority children, from preschool through fifth grade; (2) establish an infrastructure that supports programs through a rigorous assessment system, dedicated staff time, professional development in assessment, a data collection plan, and the collection of multiple measures of academic progress, bilingualism, and multiliteracy; (3) implement and align a curriculum that promotes the development of bilingual and multiliterate competencies for all students through at least grade five; (4) utilize and align student-centered instructional methods that enhance the development of bilingualism, multiliteracy, and academic achievement; (5) align professional development and training for early childhood education instructors and elementary school teachers and staff, with an emphasis on dual language instruction, second language acquisition, and content knowledge; (6) recruit, train, and continuously develop staff to implement high-quality, dual language immersion programs; and (7) establish a responsive infrastructure for positive, active, and ongoing relationships with students' families and the community that responds to and is reflective of the needs of the community and goals of the program. (c) Reservation.--The Secretary shall reserve not more than 5 percent of the amount appropriated under subsection (i) to carry out this Act, including the technical assistance and evaluation described in subsection (g) and dissemination of best practices described in subsection (h). (d) Duration.--Each grant under this section shall be awarded for a period of not more than five years. (e) Applications for Grants.-- (1) In general.--Each eligible entity desiring a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require. (2) Early childhood education program.--The term ``early childhood education program'' includes a State-funded preschool program and a Head Start program. (3) Eligible entity.--The term ``eligible entity'' means a partnership between-- (A) at least one local educational agency; (B) at least one early childhood education program; and (C) at least one technical assistance entity. 6641(b)(3)(B)). (7) Secretary.--The term ``Secretary'' means the Secretary of Education.

To establish high-quality dual language immersion programs in low- income communities, and for other purposes. This Act may be cited as the ``Supporting Young Language Learners' Access to Bilingual Education Act of 2021'' or the ``SYLLABLE Act''. 3. DUAL LANGUAGE FLAGSHIP GRANTS. (2) To improve the school readiness of children from low- income families, including English learners and minority children, and to ensure they enter school ready to succeed. (c) Reservation.--The Secretary shall reserve not more than 5 percent of the amount appropriated under subsection (i) to carry out this Act, including the technical assistance and evaluation described in subsection (g) and dissemination of best practices described in subsection (h). (d) Duration.--Each grant under this section shall be awarded for a period of not more than five years. (2) Early childhood education program.--The term ``early childhood education program'' includes a State-funded preschool program and a Head Start program. (3) Eligible entity.--The term ``eligible entity'' means a partnership between-- (A) at least one local educational agency; (B) at least one early childhood education program; and (C) at least one technical assistance entity. 6641(b)(3)(B)). (7) Secretary.--The term ``Secretary'' means the Secretary of Education.

To establish high-quality dual language immersion programs in low- income communities, and for other purposes. SHORT TITLE. This Act may be cited as the ``Supporting Young Language Learners' Access to Bilingual Education Act of 2021'' or the ``SYLLABLE Act''. FINDINGS. Congress finds the following: (1) The demand for bilingual employees in the United States continues to outpace our supply. SEC. 3. DUAL LANGUAGE FLAGSHIP GRANTS. (2) To improve the school readiness of children from low- income families, including English learners and minority children, and to ensure they enter school ready to succeed. (b) Program Authorized.--From funds made available under subsection (i), and after reserving funds under subsection (c), the Secretary is authorized to award not more than five grants to fund programs proposed by eligible entities to demonstrate effective strategies in ensuring the academic success of students from low-income families, including English learners and minority students, through the implementation and evaluation of high-quality multilanguage programs that-- (1) serve children in high-need schools, including English learners and minority children, from preschool through fifth grade; (2) establish an infrastructure that supports programs through a rigorous assessment system, dedicated staff time, professional development in assessment, a data collection plan, and the collection of multiple measures of academic progress, bilingualism, and multiliteracy; (3) implement and align a curriculum that promotes the development of bilingual and multiliterate competencies for all students through at least grade five; (4) utilize and align student-centered instructional methods that enhance the development of bilingualism, multiliteracy, and academic achievement; (5) align professional development and training for early childhood education instructors and elementary school teachers and staff, with an emphasis on dual language instruction, second language acquisition, and content knowledge; (6) recruit, train, and continuously develop staff to implement high-quality, dual language immersion programs; and (7) establish a responsive infrastructure for positive, active, and ongoing relationships with students' families and the community that responds to and is reflective of the needs of the community and goals of the program. (c) Reservation.--The Secretary shall reserve not more than 5 percent of the amount appropriated under subsection (i) to carry out this Act, including the technical assistance and evaluation described in subsection (g) and dissemination of best practices described in subsection (h). (d) Duration.--Each grant under this section shall be awarded for a period of not more than five years. (e) Applications for Grants.-- (1) In general.--Each eligible entity desiring a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require. (i) Authorization of Appropriations.--For the purposes of carrying out this section, there are authorized to be appropriated $15,000,000 for fiscal year 2022 and such sums as may be necessary for each of the 4 succeeding fiscal years. (2) Early childhood education program.--The term ``early childhood education program'' includes a State-funded preschool program and a Head Start program. (3) Eligible entity.--The term ``eligible entity'' means a partnership between-- (A) at least one local educational agency; (B) at least one early childhood education program; and (C) at least one technical assistance entity. (4) English learner.--The term ``English learner'' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). 6641(b)(3)(B)). (7) Secretary.--The term ``Secretary'' means the Secretary of Education.

To establish high-quality dual language immersion programs in low- income communities, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Supporting Young Language Learners' Access to Bilingual Education Act of 2021'' or the ``SYLLABLE Act''. FINDINGS. Congress finds the following: (1) The demand for bilingual employees in the United States continues to outpace our supply. (2) Dual language immersion engenders an inclusive learning environment for all students. (3) Studies have demonstrated that all students in multilanguage immersion programs have higher academic achievement as measured by statewide examination, regardless of socioeconomic status. (5) The Rand Corporation found that long-term participation in dual language immersion programs is correlated with closing or substantial reduction of achievement gaps for historically underserved students. (7) Children in dual language programs experience substantial gains in language, literacy, and mathematics. SEC. 3. DUAL LANGUAGE FLAGSHIP GRANTS. (2) To improve the school readiness of children from low- income families, including English learners and minority children, and to ensure they enter school ready to succeed. (b) Program Authorized.--From funds made available under subsection (i), and after reserving funds under subsection (c), the Secretary is authorized to award not more than five grants to fund programs proposed by eligible entities to demonstrate effective strategies in ensuring the academic success of students from low-income families, including English learners and minority students, through the implementation and evaluation of high-quality multilanguage programs that-- (1) serve children in high-need schools, including English learners and minority children, from preschool through fifth grade; (2) establish an infrastructure that supports programs through a rigorous assessment system, dedicated staff time, professional development in assessment, a data collection plan, and the collection of multiple measures of academic progress, bilingualism, and multiliteracy; (3) implement and align a curriculum that promotes the development of bilingual and multiliterate competencies for all students through at least grade five; (4) utilize and align student-centered instructional methods that enhance the development of bilingualism, multiliteracy, and academic achievement; (5) align professional development and training for early childhood education instructors and elementary school teachers and staff, with an emphasis on dual language instruction, second language acquisition, and content knowledge; (6) recruit, train, and continuously develop staff to implement high-quality, dual language immersion programs; and (7) establish a responsive infrastructure for positive, active, and ongoing relationships with students' families and the community that responds to and is reflective of the needs of the community and goals of the program. (c) Reservation.--The Secretary shall reserve not more than 5 percent of the amount appropriated under subsection (i) to carry out this Act, including the technical assistance and evaluation described in subsection (g) and dissemination of best practices described in subsection (h). (d) Duration.--Each grant under this section shall be awarded for a period of not more than five years. (e) Applications for Grants.-- (1) In general.--Each eligible entity desiring a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require. (3) Other application contents.--Each application submitted by an entity under this section for a proposed program shall include-- (A) data showing that the program serves children from low-income families, including English learners and minority children; (B) a description of how the program will align the language of assessment with the language of instruction; (C) a description of how the program will be evaluated to assess the goals of the program; (D) a description, if applicable, of how the evaluation will be used to inform broader efforts to improve instruction for English learners, including for preschool-aged children; (E) a description of activities that will be pursued by the program including a description of-- (i) how the activities will further the school readiness and academic progress of children served by this program and support dual language development through grade five; (ii) methods of designing culturally responsive and linguistically appropriate dual language curriculum; and (iii) methods of teacher professional development and parent outreach that will be used or developed through the programs; (F) an assurance that the program will annually provide such information as may be required by the Secretary; and (G) any other information that the Secretary may require. (i) Authorization of Appropriations.--For the purposes of carrying out this section, there are authorized to be appropriated $15,000,000 for fiscal year 2022 and such sums as may be necessary for each of the 4 succeeding fiscal years. (j) Definitions.--In this section: (1) Dual language immersion program.--The term ``dual language immersion program'' means an instructional strategy in which students-- (A) are taught literacy and content in English and a partner language; (B) use the partner language for at least half of the instructional day; and (C) foster bilingualism, multiliteracy, enhanced awareness of linguistic and cultural diversity, and high levels of academic achievement through instruction in English and a partner language. (2) Early childhood education program.--The term ``early childhood education program'' includes a State-funded preschool program and a Head Start program. (3) Eligible entity.--The term ``eligible entity'' means a partnership between-- (A) at least one local educational agency; (B) at least one early childhood education program; and (C) at least one technical assistance entity. (4) English learner.--The term ``English learner'' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). 6641(b)(3)(B)). (7) Secretary.--The term ``Secretary'' means the Secretary of Education.

To establish high-quality dual language immersion programs in low- income communities, and for other purposes. 2) Dual language immersion engenders an inclusive learning environment for all students. ( 6) Few children from low-income families, particularly African-American children, have had access to a well-developed and well-implemented dual language program. ( (a) Purposes.--The purposes of this section are as follows: (1) To provide incentives for local educational agencies to develop innovative strategies for planning and implementing dual language immersion programs serving children from low- income families, including English learners and minority children. ( 2) To improve the school readiness of children from low- income families, including English learners and minority children, and to ensure they enter school ready to succeed. ( (c) Reservation.--The Secretary shall reserve not more than 5 percent of the amount appropriated under subsection (i) to carry out this Act, including the technical assistance and evaluation described in subsection (g) and dissemination of best practices described in subsection (h). ( d) Duration.--Each grant under this section shall be awarded for a period of not more than five years. ( (f) Selection of Grantees.--The Secretary through a peer review process shall select eligible entities to receive grants under this section based on-- (1) the articulation of preschool through fifth grade instructional practices, curriculum, and assessments strategies; (2) the extent to which relevant and directly impacted school leaders have been involved with the proposed programs and indicated a commitment to carrying out high-quality dual language immersion programs; and (3) the quality of the programs proposed in the applications submitted under subsection (e). ( (h) Dissemination of Best Practices.--The Secretary shall disseminate information on model programs, materials, and other information developed under this section that the Secretary determines to be appropriate for use by early childhood education providers to improve the school readiness of English learners. ( j) Definitions.--In this section: (1) Dual language immersion program.--The term ``dual language immersion program'' means an instructional strategy in which students-- (A) are taught literacy and content in English and a partner language; (B) use the partner language for at least half of the instructional day; and (C) foster bilingualism, multiliteracy, enhanced awareness of linguistic and cultural diversity, and high levels of academic achievement through instruction in English and a partner language. ( (5) High-need school.--The term ``high-need school'' has the meaning given the term in section 2221(b)(3)(A) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6641(b)(3)(A)). ( 6) Low-income family.--The term ``low-income family'' has the meaning given the term in section 2221(b)(3)(B) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6641(b)(3)(B)). (

To establish high-quality dual language immersion programs in low- income communities, and for other purposes. 6) Few children from low-income families, particularly African-American children, have had access to a well-developed and well-implemented dual language program. ( 3) To provide consistent support for learning through high-quality dual language programs from preschool through the fifth grade. ( c) Reservation.--The Secretary shall reserve not more than 5 percent of the amount appropriated under subsection (i) to carry out this Act, including the technical assistance and evaluation described in subsection (g) and dissemination of best practices described in subsection (h). ( d) Duration.--Each grant under this section shall be awarded for a period of not more than five years. ( f) Selection of Grantees.--The Secretary through a peer review process shall select eligible entities to receive grants under this section based on-- (1) the articulation of preschool through fifth grade instructional practices, curriculum, and assessments strategies; (2) the extent to which relevant and directly impacted school leaders have been involved with the proposed programs and indicated a commitment to carrying out high-quality dual language immersion programs; and (3) the quality of the programs proposed in the applications submitted under subsection (e). h) Dissemination of Best Practices.--The Secretary shall disseminate information on model programs, materials, and other information developed under this section that the Secretary determines to be appropriate for use by early childhood education providers to improve the school readiness of English learners. ( j) Definitions.--In this section: (1) Dual language immersion program.--The term ``dual language immersion program'' means an instructional strategy in which students-- (A) are taught literacy and content in English and a partner language; (B) use the partner language for at least half of the instructional day; and (C) foster bilingualism, multiliteracy, enhanced awareness of linguistic and cultural diversity, and high levels of academic achievement through instruction in English and a partner language. ( (4) English learner.--The term ``English learner'' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ( 6) Low-income family.--The term ``low-income family'' has the meaning given the term in section 2221(b)(3)(B) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6641(b)(3)(B)). (

To establish high-quality dual language immersion programs in low- income communities, and for other purposes. 6) Few children from low-income families, particularly African-American children, have had access to a well-developed and well-implemented dual language program. ( 3) To provide consistent support for learning through high-quality dual language programs from preschool through the fifth grade. ( c) Reservation.--The Secretary shall reserve not more than 5 percent of the amount appropriated under subsection (i) to carry out this Act, including the technical assistance and evaluation described in subsection (g) and dissemination of best practices described in subsection (h). ( d) Duration.--Each grant under this section shall be awarded for a period of not more than five years. ( f) Selection of Grantees.--The Secretary through a peer review process shall select eligible entities to receive grants under this section based on-- (1) the articulation of preschool through fifth grade instructional practices, curriculum, and assessments strategies; (2) the extent to which relevant and directly impacted school leaders have been involved with the proposed programs and indicated a commitment to carrying out high-quality dual language immersion programs; and (3) the quality of the programs proposed in the applications submitted under subsection (e). h) Dissemination of Best Practices.--The Secretary shall disseminate information on model programs, materials, and other information developed under this section that the Secretary determines to be appropriate for use by early childhood education providers to improve the school readiness of English learners. ( j) Definitions.--In this section: (1) Dual language immersion program.--The term ``dual language immersion program'' means an instructional strategy in which students-- (A) are taught literacy and content in English and a partner language; (B) use the partner language for at least half of the instructional day; and (C) foster bilingualism, multiliteracy, enhanced awareness of linguistic and cultural diversity, and high levels of academic achievement through instruction in English and a partner language. ( (4) English learner.--The term ``English learner'' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ( 6) Low-income family.--The term ``low-income family'' has the meaning given the term in section 2221(b)(3)(B) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6641(b)(3)(B)). (

To establish high-quality dual language immersion programs in low- income communities, and for other purposes. 2) Dual language immersion engenders an inclusive learning environment for all students. ( 6) Few children from low-income families, particularly African-American children, have had access to a well-developed and well-implemented dual language program. ( (a) Purposes.--The purposes of this section are as follows: (1) To provide incentives for local educational agencies to develop innovative strategies for planning and implementing dual language immersion programs serving children from low- income families, including English learners and minority children. ( 2) To improve the school readiness of children from low- income families, including English learners and minority children, and to ensure they enter school ready to succeed. ( (c) Reservation.--The Secretary shall reserve not more than 5 percent of the amount appropriated under subsection (i) to carry out this Act, including the technical assistance and evaluation described in subsection (g) and dissemination of best practices described in subsection (h). ( d) Duration.--Each grant under this section shall be awarded for a period of not more than five years. ( (f) Selection of Grantees.--The Secretary through a peer review process shall select eligible entities to receive grants under this section based on-- (1) the articulation of preschool through fifth grade instructional practices, curriculum, and assessments strategies; (2) the extent to which relevant and directly impacted school leaders have been involved with the proposed programs and indicated a commitment to carrying out high-quality dual language immersion programs; and (3) the quality of the programs proposed in the applications submitted under subsection (e). ( (h) Dissemination of Best Practices.--The Secretary shall disseminate information on model programs, materials, and other information developed under this section that the Secretary determines to be appropriate for use by early childhood education providers to improve the school readiness of English learners. ( j) Definitions.--In this section: (1) Dual language immersion program.--The term ``dual language immersion program'' means an instructional strategy in which students-- (A) are taught literacy and content in English and a partner language; (B) use the partner language for at least half of the instructional day; and (C) foster bilingualism, multiliteracy, enhanced awareness of linguistic and cultural diversity, and high levels of academic achievement through instruction in English and a partner language. ( (5) High-need school.--The term ``high-need school'' has the meaning given the term in section 2221(b)(3)(A) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6641(b)(3)(A)). ( 6) Low-income family.--The term ``low-income family'' has the meaning given the term in section 2221(b)(3)(B) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6641(b)(3)(B)). (

To establish high-quality dual language immersion programs in low- income communities, and for other purposes. 6) Few children from low-income families, particularly African-American children, have had access to a well-developed and well-implemented dual language program. ( 3) To provide consistent support for learning through high-quality dual language programs from preschool through the fifth grade. ( c) Reservation.--The Secretary shall reserve not more than 5 percent of the amount appropriated under subsection (i) to carry out this Act, including the technical assistance and evaluation described in subsection (g) and dissemination of best practices described in subsection (h). ( d) Duration.--Each grant under this section shall be awarded for a period of not more than five years. ( f) Selection of Grantees.--The Secretary through a peer review process shall select eligible entities to receive grants under this section based on-- (1) the articulation of preschool through fifth grade instructional practices, curriculum, and assessments strategies; (2) the extent to which relevant and directly impacted school leaders have been involved with the proposed programs and indicated a commitment to carrying out high-quality dual language immersion programs; and (3) the quality of the programs proposed in the applications submitted under subsection (e). h) Dissemination of Best Practices.--The Secretary shall disseminate information on model programs, materials, and other information developed under this section that the Secretary determines to be appropriate for use by early childhood education providers to improve the school readiness of English learners. ( j) Definitions.--In this section: (1) Dual language immersion program.--The term ``dual language immersion program'' means an instructional strategy in which students-- (A) are taught literacy and content in English and a partner language; (B) use the partner language for at least half of the instructional day; and (C) foster bilingualism, multiliteracy, enhanced awareness of linguistic and cultural diversity, and high levels of academic achievement through instruction in English and a partner language. ( (4) English learner.--The term ``English learner'' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ( 6) Low-income family.--The term ``low-income family'' has the meaning given the term in section 2221(b)(3)(B) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6641(b)(3)(B)). (

To establish high-quality dual language immersion programs in low- income communities, and for other purposes. 2) Dual language immersion engenders an inclusive learning environment for all students. ( 6) Few children from low-income families, particularly African-American children, have had access to a well-developed and well-implemented dual language program. ( (a) Purposes.--The purposes of this section are as follows: (1) To provide incentives for local educational agencies to develop innovative strategies for planning and implementing dual language immersion programs serving children from low- income families, including English learners and minority children. ( 2) To improve the school readiness of children from low- income families, including English learners and minority children, and to ensure they enter school ready to succeed. ( (c) Reservation.--The Secretary shall reserve not more than 5 percent of the amount appropriated under subsection (i) to carry out this Act, including the technical assistance and evaluation described in subsection (g) and dissemination of best practices described in subsection (h). ( d) Duration.--Each grant under this section shall be awarded for a period of not more than five years. ( (f) Selection of Grantees.--The Secretary through a peer review process shall select eligible entities to receive grants under this section based on-- (1) the articulation of preschool through fifth grade instructional practices, curriculum, and assessments strategies; (2) the extent to which relevant and directly impacted school leaders have been involved with the proposed programs and indicated a commitment to carrying out high-quality dual language immersion programs; and (3) the quality of the programs proposed in the applications submitted under subsection (e). ( (h) Dissemination of Best Practices.--The Secretary shall disseminate information on model programs, materials, and other information developed under this section that the Secretary determines to be appropriate for use by early childhood education providers to improve the school readiness of English learners. ( j) Definitions.--In this section: (1) Dual language immersion program.--The term ``dual language immersion program'' means an instructional strategy in which students-- (A) are taught literacy and content in English and a partner language; (B) use the partner language for at least half of the instructional day; and (C) foster bilingualism, multiliteracy, enhanced awareness of linguistic and cultural diversity, and high levels of academic achievement through instruction in English and a partner language. ( (5) High-need school.--The term ``high-need school'' has the meaning given the term in section 2221(b)(3)(A) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6641(b)(3)(A)). ( 6) Low-income family.--The term ``low-income family'' has the meaning given the term in section 2221(b)(3)(B) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6641(b)(3)(B)). (

To establish high-quality dual language immersion programs in low- income communities, and for other purposes. 6) Few children from low-income families, particularly African-American children, have had access to a well-developed and well-implemented dual language program. ( 3) To provide consistent support for learning through high-quality dual language programs from preschool through the fifth grade. ( c) Reservation.--The Secretary shall reserve not more than 5 percent of the amount appropriated under subsection (i) to carry out this Act, including the technical assistance and evaluation described in subsection (g) and dissemination of best practices described in subsection (h). ( d) Duration.--Each grant under this section shall be awarded for a period of not more than five years. ( f) Selection of Grantees.--The Secretary through a peer review process shall select eligible entities to receive grants under this section based on-- (1) the articulation of preschool through fifth grade instructional practices, curriculum, and assessments strategies; (2) the extent to which relevant and directly impacted school leaders have been involved with the proposed programs and indicated a commitment to carrying out high-quality dual language immersion programs; and (3) the quality of the programs proposed in the applications submitted under subsection (e). h) Dissemination of Best Practices.--The Secretary shall disseminate information on model programs, materials, and other information developed under this section that the Secretary determines to be appropriate for use by early childhood education providers to improve the school readiness of English learners. ( j) Definitions.--In this section: (1) Dual language immersion program.--The term ``dual language immersion program'' means an instructional strategy in which students-- (A) are taught literacy and content in English and a partner language; (B) use the partner language for at least half of the instructional day; and (C) foster bilingualism, multiliteracy, enhanced awareness of linguistic and cultural diversity, and high levels of academic achievement through instruction in English and a partner language. ( (4) English learner.--The term ``English learner'' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ( 6) Low-income family.--The term ``low-income family'' has the meaning given the term in section 2221(b)(3)(B) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6641(b)(3)(B)). (

To establish high-quality dual language immersion programs in low- income communities, and for other purposes. 2) Dual language immersion engenders an inclusive learning environment for all students. ( 6) Few children from low-income families, particularly African-American children, have had access to a well-developed and well-implemented dual language program. ( (a) Purposes.--The purposes of this section are as follows: (1) To provide incentives for local educational agencies to develop innovative strategies for planning and implementing dual language immersion programs serving children from low- income families, including English learners and minority children. ( 2) To improve the school readiness of children from low- income families, including English learners and minority children, and to ensure they enter school ready to succeed. ( (c) Reservation.--The Secretary shall reserve not more than 5 percent of the amount appropriated under subsection (i) to carry out this Act, including the technical assistance and evaluation described in subsection (g) and dissemination of best practices described in subsection (h). ( d) Duration.--Each grant under this section shall be awarded for a period of not more than five years. ( (f) Selection of Grantees.--The Secretary through a peer review process shall select eligible entities to receive grants under this section based on-- (1) the articulation of preschool through fifth grade instructional practices, curriculum, and assessments strategies; (2) the extent to which relevant and directly impacted school leaders have been involved with the proposed programs and indicated a commitment to carrying out high-quality dual language immersion programs; and (3) the quality of the programs proposed in the applications submitted under subsection (e). ( (h) Dissemination of Best Practices.--The Secretary shall disseminate information on model programs, materials, and other information developed under this section that the Secretary determines to be appropriate for use by early childhood education providers to improve the school readiness of English learners. ( j) Definitions.--In this section: (1) Dual language immersion program.--The term ``dual language immersion program'' means an instructional strategy in which students-- (A) are taught literacy and content in English and a partner language; (B) use the partner language for at least half of the instructional day; and (C) foster bilingualism, multiliteracy, enhanced awareness of linguistic and cultural diversity, and high levels of academic achievement through instruction in English and a partner language. ( (5) High-need school.--The term ``high-need school'' has the meaning given the term in section 2221(b)(3)(A) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6641(b)(3)(A)). ( 6) Low-income family.--The term ``low-income family'' has the meaning given the term in section 2221(b)(3)(B) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6641(b)(3)(B)). (

To establish high-quality dual language immersion programs in low- income communities, and for other purposes. f) Selection of Grantees.--The Secretary through a peer review process shall select eligible entities to receive grants under this section based on-- (1) the articulation of preschool through fifth grade instructional practices, curriculum, and assessments strategies; (2) the extent to which relevant and directly impacted school leaders have been involved with the proposed programs and indicated a commitment to carrying out high-quality dual language immersion programs; and (3) the quality of the programs proposed in the applications submitted under subsection (e). ( 6) Low-income family.--The term ``low-income family'' has the meaning given the term in section 2221(b)(3)(B) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6641(b)(3)(B)). (

To establish high-quality dual language immersion programs in low- income communities, and for other purposes. a) Purposes.--The purposes of this section are as follows: (1) To provide incentives for local educational agencies to develop innovative strategies for planning and implementing dual language immersion programs serving children from low- income families, including English learners and minority children. ( ( (f) Selection of Grantees.--The Secretary through a peer review process shall select eligible entities to receive grants under this section based on-- (1) the articulation of preschool through fifth grade instructional practices, curriculum, and assessments strategies; (2) the extent to which relevant and directly impacted school leaders have been involved with the proposed programs and indicated a commitment to carrying out high-quality dual language immersion programs; and (3) the quality of the programs proposed in the applications submitted under subsection (e). ( ( 5) High-need school.--The term ``high-need school'' has the meaning given the term in section 2221(b)(3)(A) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6641(b)(3)(A)). ( 6) Low-income family.--The term ``low-income family'' has the meaning given the term in section 2221(b)(3)(B) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6641(b)(3)(B)). (

Supporting Young Language Learners' Access to Bilingual Education Act of 2021 or the SYLLABLE Act This bill authorizes the Department of Education to award up to five grants to local educational agencies (LEAs) to demonstrate effective strategies in ensuring the academic success of students from low-income families, including English learners and minority students, through the implementation and evaluation of high-quality mult Directs the Secretary of Education to contract with an eligible entity with a proven track record in dual language immersion programs for: (1) providing technical assistance to local educational agencies (LEAs) receiving grants under this Act to strengthen programs conducted by LEAs; and (2) conducting an evaluation of programs funded under this bill. (Sec. 3) Requires the Secretary to select eligible entities

S.2761

Armed Forces and National Security

Every Veteran Counts Act of 2021 This bill requires the Department of Veterans Affairs (VA) to establish and maintain a database of specified demographics (e.g., age) of veterans. The data must be in a machine-readable format and anonymized to protect sensitive personal information. The VA must provide access to the database on a publicly accessible website that is updated at least once a year. Additionally, the VA must report on the progress, challenges, performance, and opportunities of implementing its data strategy. The report must be made available on the VA's open data website in a machine-readable format.

To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to maintain demographic information regarding veterans and publish such information on a website of the Department of Veterans Affairs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Every Veteran Counts Act of 2021''. SEC. 2. FINDINGS. Congress finds the following: (1) The Department of Veterans Affairs is responsible for providing a variety of benefits and services to more than 19,000,000 living veterans. (2) Pursuant to section 527 of title 38, United States Code, the Secretary of Veterans Affairs has conducted the National Survey of Veterans to assess the needs and sentiments of a statistically valid sample of all veterans. (3) The Secretary has conducted this National Survey of Veterans in the late 1970s, 1987, 1993, 2001, and 2010. (4) The last survey conducted in 2010 included veterans and other beneficiary groups, such as members of the Armed Forces serving on active duty, members of the reserve components of the Armed Forces, military spouses, and surviving spouses of such veterans and members. (5) The 2010 survey included information on demographics, awareness and utilization of benefits, health status, military service, and employment. (6) These surveys provide valuable information on the veteran population to the Secretary, Congress, Federal, State, and local governments, academic institutions, and various non- governmental organizations that serve veterans. (7) This information is used to inform policymaking efforts and to ensure the needs of the ever-changing veteran population are met. (8) However, since 2010, the statutory framework for data collection has substantially evolved, notably with the Foundations for Evidence-Based Policymaking Act (Public Law 115-435), the Data Act (Public Law 113-139), and the Geospatial Data Act (subtitle F of title VII of Public Law 115-254), known collectively as the ``Evidence Act'', building on previously enacted laws. (9) Further, the Department, through the National Center for Veterans Analysis and Statistics, has leveraged the vast amount of data generated within the Department and collected by other Federal partners to improve population-based descriptive, statistical, and predictive analytic products to support the Secretary and in evidence-based policymaking, facilitate innovative and collaborative research, and empower modern business intelligence applications. (10) The Department has been a consistent leader in the Federal Open Data program and offers a platform for scaling access to useful data and insight to external stakeholders. (11) Notwithstanding these recent advances, opportunities exist to strengthen the capability of the Department to develop and disseminate actionable insights into the veteran population through-- (A) developing enterprise-focused management and improvements in the quality of administrative data collected by the Department through its delivery of benefits and services; (B) increased access to data collected by other Federal entities through more flexible and efficient information sharing policies; (C) increased use of publicly available and commercially generated data; and (D) maturing data management of the Department. (12) In line with the Evidence Act, it is incumbent upon the Secretary to regularly engage with key stakeholders, including Congress, veterans service organizations, advocacy groups, and open government groups to-- (A) enhance the open data program of the Department; and (B) improve development and dissemination of relevant data assets and analytic products to provide more current, accurate, and useful insights on veterans and their families. (13) It is necessary for the Department to collect, collate, and analyze all available data on veteran demographics, and to share this data with Congress and other stakeholders on an ongoing basis, in an easily digestible format, to direct outreach and align policy with the needs of the changing veteran population. SEC. 3. DEMOGRAPHIC DATA OF VETERANS: COLLECTION; RETENTION; PUBLICATION. (a) In General.--Subchapter II of chapter 5 of title 38, United States Code, is amended by inserting after section 527, the following new section: ``Sec. 528. Demographic data of veterans: collection; retention; publication. ``(a) Database.--(1) The Secretary shall collect demographic data of veterans (from any source of such data available to the Secretary, including the National Center for Veterans Analysis and Statistics of the Department, the Bureau of the Census, and the Social Security Administration) and maintain a database of such data. ``(2) Data collected and maintained under paragraph (1) shall include the following: ``(A) Sex. ``(B) Gender identity, disaggregated by-- ``(i) male; ``(ii) female; ``(iii) cisgender; ``(iv) transgender; ``(v) gender diverse; ``(vi) nonbinary; and ``(vii) combinations of clauses (i) through (vi). ``(C) Age. ``(D) Educational level. ``(E) Race and ethnicity, disaggregated by-- ``(i) membership in an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)); and ``(ii) the same major race groups as the decennial censuses. ``(F) Sexual orientation, disaggregated by-- ``(i) heterosexual; ``(ii) lesbian; ``(iii) gay; ``(iv) bisexual; and ``(v) queer. ``(G) Household makeup, including marital status and number of dependents. ``(H) Gross income and sources of income. ``(I) Housing status, disaggregated by-- ``(i) renter; ``(ii) homeowner; or ``(iii) residing in a home owned or rented by another person. ``(J) Employment status, disaggregated by-- ``(i) employed; ``(ii) seeking employment; and ``(iii) self-employed. ``(K) History of service in the Armed Forces, disaggregated by-- ``(i) Armed Force; ``(ii) regular or reserve component; ``(iii) service in a combat theater of operations or war zone; ``(iv) service during a period of war; ``(v) whether a veteran is a former prisoner of war; ``(vi) whether the veteran was exposed to dead, dying, or wounded people during active military, naval, air, or space service; ``(vii) whether the veteran was exposed to environmental hazards during active military, naval, air, or space service; and ``(viii) whether the veteran experienced military sexual trauma (as that term is defined in section 1166 of this title). ``(L) Whether the veteran is enrolled in the patient enrollment system under section 1705 of this title. ``(M) Whether the veteran has received a disability rating from under section 1155 of this title. ``(N) Location of the veteran's residence, disaggregated by-- ``(i) rural or urban setting; ``(ii) distance to a facility of the Department; and ``(iii) whether the veteran has access to broadband service. ``(O) Any other information the Secretary determines appropriate. ``(b) Data Retention Standards.--Demographic data in the database under subsection (a) shall be-- ``(1) anonymized to prevent the release of sensitive personal information (as that term is defined in section 5727 of this title); and ``(2) machine readable. ``(c) Website.--The Secretary shall maintain a publicly accessible website of the Department that provides access to the database under subsection (a). The Secretary shall update such website not less frequently than once each year.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting, after the item relating to section 527, the following new item: ``528. Demographic data of veterans: collection; retention; publication.''. (c) Implementation Date.--The Secretary of Veterans Affairs shall carry out section 528 of such title, as added by this section, not later than 180 days after the date of the enactment of this Act. SEC. 4. REPORT ON DATA STRATEGY OF THE DEPARTMENT OF VETERANS AFFAIRS. (a) Report Required.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report describing the progress, challenges, performance, and opportunities of implementing the data strategy of the Department of Veterans Affairs. (b) Elements.--The report under this section shall include the following: (1) Qualitative and quantitative progress towards strengthening data management of the Department, including business and mission impact enabled by management of data as a strategic asset. (2) Recommendations of the Secretary regarding legislation that may accelerate data management maturity of the Department. (3) Progress and results in cataloging and inventorying data assets of the Department and using such assets to support-- (A) internal evidence-based policymaking; and (B) ethical and appropriate dissemination of statistical aggregates, data-driven analysis, and open data. (4) Progress in implementing requirements under chapter 35 of title 44, United States Code (commonly known as the ``Paperwork Reduction Act''), and related data quality efforts to support strategic management of data collected by the Department. (5) Efforts to move towards a rules-based, transparent, Department-wide approach to management, integration, and sharing of, and access to, data. (6) Recommendations of the Secretary regarding adjustments to data requirements of the Department. (7) Information sharing agreements and outstanding requirements with other Federal entities, including gaps best addressed by the addition of survey questions to an existing Federal survey instrument. (8) Progress on recently enacted public laws, Executive orders, Presidential memoranda, and outstanding recommendations of the Comptroller General of the United States or an inspector general as it pertains to veteran population-based data collection, quality, integration, sharing, interoperability, and analytics within the scope of improving and ensuring equity in services to veterans, their families, and other beneficiaries. (9) A discussion of current risk assessments regarding data breaches and information security (as those terms are defined in section 5727 of title 38, United States Code) of the Department. (10) Priority data requirements of the Department, identified through consultation with the following entities: (A) The Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives. (B) The Congressional Budget Office. (C) Veterans service organizations. (D) The Advisory Committee on Minority Veterans of the Department. (E) The Advisory Committee on Women Veterans of the Department. (F) The Advisory Committee on Homeless Veterans of the Department. (c) Publication.--Not later than 30 days after submitting the report under this section, the Secretary shall publish such report on the open data website of the Department, with all metrics and data included in a machine readable format. <all>

Every Veteran Counts Act of 2021

A bill to amend title 38, United States Code, to direct the Secretary of Veterans Affairs to maintain demographic information regarding veterans and publish such information on a website of the Department of Veterans Affairs.

Every Veteran Counts Act of 2021

Sen. Hirono, Mazie K.

D

HI

This bill requires the Department of Veterans Affairs (VA) to establish and maintain a database of specified demographics (e.g., age) of veterans. The data must be in a machine-readable format and anonymized to protect sensitive personal information. The VA must provide access to the database on a publicly accessible website that is updated at least once a year. Additionally, the VA must report on the progress, challenges, performance, and opportunities of implementing its data strategy. The report must be made available on the VA's open data website in a machine-readable format.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Every Veteran Counts Act of 2021''. 2. (4) The last survey conducted in 2010 included veterans and other beneficiary groups, such as members of the Armed Forces serving on active duty, members of the reserve components of the Armed Forces, military spouses, and surviving spouses of such veterans and members. (7) This information is used to inform policymaking efforts and to ensure the needs of the ever-changing veteran population are met. (8) However, since 2010, the statutory framework for data collection has substantially evolved, notably with the Foundations for Evidence-Based Policymaking Act (Public Law 115-435), the Data Act (Public Law 113-139), and the Geospatial Data Act (subtitle F of title VII of Public Law 115-254), known collectively as the ``Evidence Act'', building on previously enacted laws. (10) The Department has been a consistent leader in the Federal Open Data program and offers a platform for scaling access to useful data and insight to external stakeholders. 3. DEMOGRAPHIC DATA OF VETERANS: COLLECTION; RETENTION; PUBLICATION. (a) In General.--Subchapter II of chapter 5 of title 38, United States Code, is amended by inserting after section 527, the following new section: ``Sec. 528. ``(H) Gross income and sources of income. ``(J) Employment status, disaggregated by-- ``(i) employed; ``(ii) seeking employment; and ``(iii) self-employed. ``(K) History of service in the Armed Forces, disaggregated by-- ``(i) Armed Force; ``(ii) regular or reserve component; ``(iii) service in a combat theater of operations or war zone; ``(iv) service during a period of war; ``(v) whether a veteran is a former prisoner of war; ``(vi) whether the veteran was exposed to dead, dying, or wounded people during active military, naval, air, or space service; ``(vii) whether the veteran was exposed to environmental hazards during active military, naval, air, or space service; and ``(viii) whether the veteran experienced military sexual trauma (as that term is defined in section 1166 of this title). ``(O) Any other information the Secretary determines appropriate. ``(c) Website.--The Secretary shall maintain a publicly accessible website of the Department that provides access to the database under subsection (a). 4. REPORT ON DATA STRATEGY OF THE DEPARTMENT OF VETERANS AFFAIRS. (2) Recommendations of the Secretary regarding legislation that may accelerate data management maturity of the Department. (3) Progress and results in cataloging and inventorying data assets of the Department and using such assets to support-- (A) internal evidence-based policymaking; and (B) ethical and appropriate dissemination of statistical aggregates, data-driven analysis, and open data. (7) Information sharing agreements and outstanding requirements with other Federal entities, including gaps best addressed by the addition of survey questions to an existing Federal survey instrument. (B) The Congressional Budget Office. (C) Veterans service organizations. (F) The Advisory Committee on Homeless Veterans of the Department.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Every Veteran Counts Act of 2021''. 2. (4) The last survey conducted in 2010 included veterans and other beneficiary groups, such as members of the Armed Forces serving on active duty, members of the reserve components of the Armed Forces, military spouses, and surviving spouses of such veterans and members. (7) This information is used to inform policymaking efforts and to ensure the needs of the ever-changing veteran population are met. 3. DEMOGRAPHIC DATA OF VETERANS: COLLECTION; RETENTION; PUBLICATION. (a) In General.--Subchapter II of chapter 5 of title 38, United States Code, is amended by inserting after section 527, the following new section: ``Sec. 528. ``(H) Gross income and sources of income. ``(J) Employment status, disaggregated by-- ``(i) employed; ``(ii) seeking employment; and ``(iii) self-employed. ``(O) Any other information the Secretary determines appropriate. ``(c) Website.--The Secretary shall maintain a publicly accessible website of the Department that provides access to the database under subsection (a). 4. REPORT ON DATA STRATEGY OF THE DEPARTMENT OF VETERANS AFFAIRS. (2) Recommendations of the Secretary regarding legislation that may accelerate data management maturity of the Department. (3) Progress and results in cataloging and inventorying data assets of the Department and using such assets to support-- (A) internal evidence-based policymaking; and (B) ethical and appropriate dissemination of statistical aggregates, data-driven analysis, and open data. (7) Information sharing agreements and outstanding requirements with other Federal entities, including gaps best addressed by the addition of survey questions to an existing Federal survey instrument. (B) The Congressional Budget Office. (C) Veterans service organizations. (F) The Advisory Committee on Homeless Veterans of the Department.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Every Veteran Counts Act of 2021''. 2. FINDINGS. Congress finds the following: (1) The Department of Veterans Affairs is responsible for providing a variety of benefits and services to more than 19,000,000 living veterans. (4) The last survey conducted in 2010 included veterans and other beneficiary groups, such as members of the Armed Forces serving on active duty, members of the reserve components of the Armed Forces, military spouses, and surviving spouses of such veterans and members. (7) This information is used to inform policymaking efforts and to ensure the needs of the ever-changing veteran population are met. (8) However, since 2010, the statutory framework for data collection has substantially evolved, notably with the Foundations for Evidence-Based Policymaking Act (Public Law 115-435), the Data Act (Public Law 113-139), and the Geospatial Data Act (subtitle F of title VII of Public Law 115-254), known collectively as the ``Evidence Act'', building on previously enacted laws. (9) Further, the Department, through the National Center for Veterans Analysis and Statistics, has leveraged the vast amount of data generated within the Department and collected by other Federal partners to improve population-based descriptive, statistical, and predictive analytic products to support the Secretary and in evidence-based policymaking, facilitate innovative and collaborative research, and empower modern business intelligence applications. (10) The Department has been a consistent leader in the Federal Open Data program and offers a platform for scaling access to useful data and insight to external stakeholders. (13) It is necessary for the Department to collect, collate, and analyze all available data on veteran demographics, and to share this data with Congress and other stakeholders on an ongoing basis, in an easily digestible format, to direct outreach and align policy with the needs of the changing veteran population. 3. DEMOGRAPHIC DATA OF VETERANS: COLLECTION; RETENTION; PUBLICATION. (a) In General.--Subchapter II of chapter 5 of title 38, United States Code, is amended by inserting after section 527, the following new section: ``Sec. 528. ``(D) Educational level. ``(E) Race and ethnicity, disaggregated by-- ``(i) membership in an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)); and ``(ii) the same major race groups as the decennial censuses. ``(G) Household makeup, including marital status and number of dependents. ``(H) Gross income and sources of income. ``(J) Employment status, disaggregated by-- ``(i) employed; ``(ii) seeking employment; and ``(iii) self-employed. ``(K) History of service in the Armed Forces, disaggregated by-- ``(i) Armed Force; ``(ii) regular or reserve component; ``(iii) service in a combat theater of operations or war zone; ``(iv) service during a period of war; ``(v) whether a veteran is a former prisoner of war; ``(vi) whether the veteran was exposed to dead, dying, or wounded people during active military, naval, air, or space service; ``(vii) whether the veteran was exposed to environmental hazards during active military, naval, air, or space service; and ``(viii) whether the veteran experienced military sexual trauma (as that term is defined in section 1166 of this title). ``(O) Any other information the Secretary determines appropriate. ``(c) Website.--The Secretary shall maintain a publicly accessible website of the Department that provides access to the database under subsection (a). The Secretary shall update such website not less frequently than once each year.''. (c) Implementation Date.--The Secretary of Veterans Affairs shall carry out section 528 of such title, as added by this section, not later than 180 days after the date of the enactment of this Act. 4. REPORT ON DATA STRATEGY OF THE DEPARTMENT OF VETERANS AFFAIRS. (2) Recommendations of the Secretary regarding legislation that may accelerate data management maturity of the Department. (3) Progress and results in cataloging and inventorying data assets of the Department and using such assets to support-- (A) internal evidence-based policymaking; and (B) ethical and appropriate dissemination of statistical aggregates, data-driven analysis, and open data. (7) Information sharing agreements and outstanding requirements with other Federal entities, including gaps best addressed by the addition of survey questions to an existing Federal survey instrument. (B) The Congressional Budget Office. (C) Veterans service organizations. (F) The Advisory Committee on Homeless Veterans of the Department.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Every Veteran Counts Act of 2021''. 2. FINDINGS. Congress finds the following: (1) The Department of Veterans Affairs is responsible for providing a variety of benefits and services to more than 19,000,000 living veterans. (4) The last survey conducted in 2010 included veterans and other beneficiary groups, such as members of the Armed Forces serving on active duty, members of the reserve components of the Armed Forces, military spouses, and surviving spouses of such veterans and members. (6) These surveys provide valuable information on the veteran population to the Secretary, Congress, Federal, State, and local governments, academic institutions, and various non- governmental organizations that serve veterans. (7) This information is used to inform policymaking efforts and to ensure the needs of the ever-changing veteran population are met. (8) However, since 2010, the statutory framework for data collection has substantially evolved, notably with the Foundations for Evidence-Based Policymaking Act (Public Law 115-435), the Data Act (Public Law 113-139), and the Geospatial Data Act (subtitle F of title VII of Public Law 115-254), known collectively as the ``Evidence Act'', building on previously enacted laws. (9) Further, the Department, through the National Center for Veterans Analysis and Statistics, has leveraged the vast amount of data generated within the Department and collected by other Federal partners to improve population-based descriptive, statistical, and predictive analytic products to support the Secretary and in evidence-based policymaking, facilitate innovative and collaborative research, and empower modern business intelligence applications. (10) The Department has been a consistent leader in the Federal Open Data program and offers a platform for scaling access to useful data and insight to external stakeholders. (11) Notwithstanding these recent advances, opportunities exist to strengthen the capability of the Department to develop and disseminate actionable insights into the veteran population through-- (A) developing enterprise-focused management and improvements in the quality of administrative data collected by the Department through its delivery of benefits and services; (B) increased access to data collected by other Federal entities through more flexible and efficient information sharing policies; (C) increased use of publicly available and commercially generated data; and (D) maturing data management of the Department. (13) It is necessary for the Department to collect, collate, and analyze all available data on veteran demographics, and to share this data with Congress and other stakeholders on an ongoing basis, in an easily digestible format, to direct outreach and align policy with the needs of the changing veteran population. 3. DEMOGRAPHIC DATA OF VETERANS: COLLECTION; RETENTION; PUBLICATION. (a) In General.--Subchapter II of chapter 5 of title 38, United States Code, is amended by inserting after section 527, the following new section: ``Sec. 528. ``(B) Gender identity, disaggregated by-- ``(i) male; ``(ii) female; ``(iii) cisgender; ``(iv) transgender; ``(v) gender diverse; ``(vi) nonbinary; and ``(vii) combinations of clauses (i) through (vi). ``(D) Educational level. ``(E) Race and ethnicity, disaggregated by-- ``(i) membership in an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)); and ``(ii) the same major race groups as the decennial censuses. ``(G) Household makeup, including marital status and number of dependents. ``(H) Gross income and sources of income. ``(I) Housing status, disaggregated by-- ``(i) renter; ``(ii) homeowner; or ``(iii) residing in a home owned or rented by another person. ``(J) Employment status, disaggregated by-- ``(i) employed; ``(ii) seeking employment; and ``(iii) self-employed. ``(K) History of service in the Armed Forces, disaggregated by-- ``(i) Armed Force; ``(ii) regular or reserve component; ``(iii) service in a combat theater of operations or war zone; ``(iv) service during a period of war; ``(v) whether a veteran is a former prisoner of war; ``(vi) whether the veteran was exposed to dead, dying, or wounded people during active military, naval, air, or space service; ``(vii) whether the veteran was exposed to environmental hazards during active military, naval, air, or space service; and ``(viii) whether the veteran experienced military sexual trauma (as that term is defined in section 1166 of this title). ``(L) Whether the veteran is enrolled in the patient enrollment system under section 1705 of this title. ``(O) Any other information the Secretary determines appropriate. ``(c) Website.--The Secretary shall maintain a publicly accessible website of the Department that provides access to the database under subsection (a). The Secretary shall update such website not less frequently than once each year.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting, after the item relating to section 527, the following new item: ``528. (c) Implementation Date.--The Secretary of Veterans Affairs shall carry out section 528 of such title, as added by this section, not later than 180 days after the date of the enactment of this Act. 4. REPORT ON DATA STRATEGY OF THE DEPARTMENT OF VETERANS AFFAIRS. (2) Recommendations of the Secretary regarding legislation that may accelerate data management maturity of the Department. (3) Progress and results in cataloging and inventorying data assets of the Department and using such assets to support-- (A) internal evidence-based policymaking; and (B) ethical and appropriate dissemination of statistical aggregates, data-driven analysis, and open data. (5) Efforts to move towards a rules-based, transparent, Department-wide approach to management, integration, and sharing of, and access to, data. (7) Information sharing agreements and outstanding requirements with other Federal entities, including gaps best addressed by the addition of survey questions to an existing Federal survey instrument. (9) A discussion of current risk assessments regarding data breaches and information security (as those terms are defined in section 5727 of title 38, United States Code) of the Department. (B) The Congressional Budget Office. (C) Veterans service organizations. (F) The Advisory Committee on Homeless Veterans of the Department.

To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to maintain demographic information regarding veterans and publish such information on a website of the Department of Veterans Affairs. 6) These surveys provide valuable information on the veteran population to the Secretary, Congress, Federal, State, and local governments, academic institutions, and various non- governmental organizations that serve veterans. (7) This information is used to inform policymaking efforts and to ensure the needs of the ever-changing veteran population are met. ( 10) The Department has been a consistent leader in the Federal Open Data program and offers a platform for scaling access to useful data and insight to external stakeholders. 12) In line with the Evidence Act, it is incumbent upon the Secretary to regularly engage with key stakeholders, including Congress, veterans service organizations, advocacy groups, and open government groups to-- (A) enhance the open data program of the Department; and (B) improve development and dissemination of relevant data assets and analytic products to provide more current, accurate, and useful insights on veterans and their families. ( 13) It is necessary for the Department to collect, collate, and analyze all available data on veteran demographics, and to share this data with Congress and other stakeholders on an ongoing basis, in an easily digestible format, to direct outreach and align policy with the needs of the changing veteran population. ``(a) Database.--(1) The Secretary shall collect demographic data of veterans (from any source of such data available to the Secretary, including the National Center for Veterans Analysis and Statistics of the Department, the Bureau of the Census, and the Social Security Administration) and maintain a database of such data. ``(B) Gender identity, disaggregated by-- ``(i) male; ``(ii) female; ``(iii) cisgender; ``(iv) transgender; ``(v) gender diverse; ``(vi) nonbinary; and ``(vii) combinations of clauses (i) through (vi). ``(L) Whether the veteran is enrolled in the patient enrollment system under section 1705 of this title. ``(c) Website.--The Secretary shall maintain a publicly accessible website of the Department that provides access to the database under subsection (a). (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting, after the item relating to section 527, the following new item: ``528. a) Report Required.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report describing the progress, challenges, performance, and opportunities of implementing the data strategy of the Department of Veterans Affairs. ( (4) Progress in implementing requirements under chapter 35 of title 44, United States Code (commonly known as the ``Paperwork Reduction Act''), and related data quality efforts to support strategic management of data collected by the Department. ( 10) Priority data requirements of the Department, identified through consultation with the following entities: (A) The Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives. ( D) The Advisory Committee on Minority Veterans of the Department. ( (F) The Advisory Committee on Homeless Veterans of the Department. ( c) Publication.--Not later than 30 days after submitting the report under this section, the Secretary shall publish such report on the open data website of the Department, with all metrics and data included in a machine readable format.

To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to maintain demographic information regarding veterans and publish such information on a website of the Department of Veterans Affairs. Congress finds the following: (1) The Department of Veterans Affairs is responsible for providing a variety of benefits and services to more than 19,000,000 living veterans. ( 7) This information is used to inform policymaking efforts and to ensure the needs of the ever-changing veteran population are met. ( (9) Further, the Department, through the National Center for Veterans Analysis and Statistics, has leveraged the vast amount of data generated within the Department and collected by other Federal partners to improve population-based descriptive, statistical, and predictive analytic products to support the Secretary and in evidence-based policymaking, facilitate innovative and collaborative research, and empower modern business intelligence applications. ( 13) It is necessary for the Department to collect, collate, and analyze all available data on veteran demographics, and to share this data with Congress and other stakeholders on an ongoing basis, in an easily digestible format, to direct outreach and align policy with the needs of the changing veteran population. ``(a) Database.--(1) The Secretary shall collect demographic data of veterans (from any source of such data available to the Secretary, including the National Center for Veterans Analysis and Statistics of the Department, the Bureau of the Census, and the Social Security Administration) and maintain a database of such data. ``(D) Educational level. ``(N) Location of the veteran's residence, disaggregated by-- ``(i) rural or urban setting; ``(ii) distance to a facility of the Department; and ``(iii) whether the veteran has access to broadband service. ``(O) Any other information the Secretary determines appropriate. a) Report Required.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report describing the progress, challenges, performance, and opportunities of implementing the data strategy of the Department of Veterans Affairs. ( 2) Recommendations of the Secretary regarding legislation that may accelerate data management maturity of the Department. ( (7) Information sharing agreements and outstanding requirements with other Federal entities, including gaps best addressed by the addition of survey questions to an existing Federal survey instrument. ( F) The Advisory Committee on Homeless Veterans of the Department. (

To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to maintain demographic information regarding veterans and publish such information on a website of the Department of Veterans Affairs. Congress finds the following: (1) The Department of Veterans Affairs is responsible for providing a variety of benefits and services to more than 19,000,000 living veterans. ( 7) This information is used to inform policymaking efforts and to ensure the needs of the ever-changing veteran population are met. ( (9) Further, the Department, through the National Center for Veterans Analysis and Statistics, has leveraged the vast amount of data generated within the Department and collected by other Federal partners to improve population-based descriptive, statistical, and predictive analytic products to support the Secretary and in evidence-based policymaking, facilitate innovative and collaborative research, and empower modern business intelligence applications. ( 13) It is necessary for the Department to collect, collate, and analyze all available data on veteran demographics, and to share this data with Congress and other stakeholders on an ongoing basis, in an easily digestible format, to direct outreach and align policy with the needs of the changing veteran population. ``(a) Database.--(1) The Secretary shall collect demographic data of veterans (from any source of such data available to the Secretary, including the National Center for Veterans Analysis and Statistics of the Department, the Bureau of the Census, and the Social Security Administration) and maintain a database of such data. ``(D) Educational level. ``(N) Location of the veteran's residence, disaggregated by-- ``(i) rural or urban setting; ``(ii) distance to a facility of the Department; and ``(iii) whether the veteran has access to broadband service. ``(O) Any other information the Secretary determines appropriate. a) Report Required.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report describing the progress, challenges, performance, and opportunities of implementing the data strategy of the Department of Veterans Affairs. ( 2) Recommendations of the Secretary regarding legislation that may accelerate data management maturity of the Department. ( (7) Information sharing agreements and outstanding requirements with other Federal entities, including gaps best addressed by the addition of survey questions to an existing Federal survey instrument. ( F) The Advisory Committee on Homeless Veterans of the Department. (

To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to maintain demographic information regarding veterans and publish such information on a website of the Department of Veterans Affairs. 6) These surveys provide valuable information on the veteran population to the Secretary, Congress, Federal, State, and local governments, academic institutions, and various non- governmental organizations that serve veterans. (7) This information is used to inform policymaking efforts and to ensure the needs of the ever-changing veteran population are met. ( 10) The Department has been a consistent leader in the Federal Open Data program and offers a platform for scaling access to useful data and insight to external stakeholders. 12) In line with the Evidence Act, it is incumbent upon the Secretary to regularly engage with key stakeholders, including Congress, veterans service organizations, advocacy groups, and open government groups to-- (A) enhance the open data program of the Department; and (B) improve development and dissemination of relevant data assets and analytic products to provide more current, accurate, and useful insights on veterans and their families. ( 13) It is necessary for the Department to collect, collate, and analyze all available data on veteran demographics, and to share this data with Congress and other stakeholders on an ongoing basis, in an easily digestible format, to direct outreach and align policy with the needs of the changing veteran population. ``(a) Database.--(1) The Secretary shall collect demographic data of veterans (from any source of such data available to the Secretary, including the National Center for Veterans Analysis and Statistics of the Department, the Bureau of the Census, and the Social Security Administration) and maintain a database of such data. ``(B) Gender identity, disaggregated by-- ``(i) male; ``(ii) female; ``(iii) cisgender; ``(iv) transgender; ``(v) gender diverse; ``(vi) nonbinary; and ``(vii) combinations of clauses (i) through (vi). ``(L) Whether the veteran is enrolled in the patient enrollment system under section 1705 of this title. ``(c) Website.--The Secretary shall maintain a publicly accessible website of the Department that provides access to the database under subsection (a). (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting, after the item relating to section 527, the following new item: ``528. a) Report Required.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report describing the progress, challenges, performance, and opportunities of implementing the data strategy of the Department of Veterans Affairs. ( (4) Progress in implementing requirements under chapter 35 of title 44, United States Code (commonly known as the ``Paperwork Reduction Act''), and related data quality efforts to support strategic management of data collected by the Department. ( 10) Priority data requirements of the Department, identified through consultation with the following entities: (A) The Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives. ( D) The Advisory Committee on Minority Veterans of the Department. ( (F) The Advisory Committee on Homeless Veterans of the Department. ( c) Publication.--Not later than 30 days after submitting the report under this section, the Secretary shall publish such report on the open data website of the Department, with all metrics and data included in a machine readable format.

To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to maintain demographic information regarding veterans and publish such information on a website of the Department of Veterans Affairs. Congress finds the following: (1) The Department of Veterans Affairs is responsible for providing a variety of benefits and services to more than 19,000,000 living veterans. ( 7) This information is used to inform policymaking efforts and to ensure the needs of the ever-changing veteran population are met. ( (9) Further, the Department, through the National Center for Veterans Analysis and Statistics, has leveraged the vast amount of data generated within the Department and collected by other Federal partners to improve population-based descriptive, statistical, and predictive analytic products to support the Secretary and in evidence-based policymaking, facilitate innovative and collaborative research, and empower modern business intelligence applications. ( 13) It is necessary for the Department to collect, collate, and analyze all available data on veteran demographics, and to share this data with Congress and other stakeholders on an ongoing basis, in an easily digestible format, to direct outreach and align policy with the needs of the changing veteran population. ``(a) Database.--(1) The Secretary shall collect demographic data of veterans (from any source of such data available to the Secretary, including the National Center for Veterans Analysis and Statistics of the Department, the Bureau of the Census, and the Social Security Administration) and maintain a database of such data. ``(D) Educational level. ``(N) Location of the veteran's residence, disaggregated by-- ``(i) rural or urban setting; ``(ii) distance to a facility of the Department; and ``(iii) whether the veteran has access to broadband service. ``(O) Any other information the Secretary determines appropriate. a) Report Required.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report describing the progress, challenges, performance, and opportunities of implementing the data strategy of the Department of Veterans Affairs. ( 2) Recommendations of the Secretary regarding legislation that may accelerate data management maturity of the Department. ( (7) Information sharing agreements and outstanding requirements with other Federal entities, including gaps best addressed by the addition of survey questions to an existing Federal survey instrument. ( F) The Advisory Committee on Homeless Veterans of the Department. (

To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to maintain demographic information regarding veterans and publish such information on a website of the Department of Veterans Affairs. 6) These surveys provide valuable information on the veteran population to the Secretary, Congress, Federal, State, and local governments, academic institutions, and various non- governmental organizations that serve veterans. (7) This information is used to inform policymaking efforts and to ensure the needs of the ever-changing veteran population are met. ( 10) The Department has been a consistent leader in the Federal Open Data program and offers a platform for scaling access to useful data and insight to external stakeholders. 12) In line with the Evidence Act, it is incumbent upon the Secretary to regularly engage with key stakeholders, including Congress, veterans service organizations, advocacy groups, and open government groups to-- (A) enhance the open data program of the Department; and (B) improve development and dissemination of relevant data assets and analytic products to provide more current, accurate, and useful insights on veterans and their families. ( 13) It is necessary for the Department to collect, collate, and analyze all available data on veteran demographics, and to share this data with Congress and other stakeholders on an ongoing basis, in an easily digestible format, to direct outreach and align policy with the needs of the changing veteran population. ``(a) Database.--(1) The Secretary shall collect demographic data of veterans (from any source of such data available to the Secretary, including the National Center for Veterans Analysis and Statistics of the Department, the Bureau of the Census, and the Social Security Administration) and maintain a database of such data. ``(B) Gender identity, disaggregated by-- ``(i) male; ``(ii) female; ``(iii) cisgender; ``(iv) transgender; ``(v) gender diverse; ``(vi) nonbinary; and ``(vii) combinations of clauses (i) through (vi). ``(L) Whether the veteran is enrolled in the patient enrollment system under section 1705 of this title. ``(c) Website.--The Secretary shall maintain a publicly accessible website of the Department that provides access to the database under subsection (a). (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting, after the item relating to section 527, the following new item: ``528. a) Report Required.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report describing the progress, challenges, performance, and opportunities of implementing the data strategy of the Department of Veterans Affairs. ( (4) Progress in implementing requirements under chapter 35 of title 44, United States Code (commonly known as the ``Paperwork Reduction Act''), and related data quality efforts to support strategic management of data collected by the Department. ( 10) Priority data requirements of the Department, identified through consultation with the following entities: (A) The Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives. ( D) The Advisory Committee on Minority Veterans of the Department. ( (F) The Advisory Committee on Homeless Veterans of the Department. ( c) Publication.--Not later than 30 days after submitting the report under this section, the Secretary shall publish such report on the open data website of the Department, with all metrics and data included in a machine readable format.

To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to maintain demographic information regarding veterans and publish such information on a website of the Department of Veterans Affairs. Congress finds the following: (1) The Department of Veterans Affairs is responsible for providing a variety of benefits and services to more than 19,000,000 living veterans. ( 7) This information is used to inform policymaking efforts and to ensure the needs of the ever-changing veteran population are met. ( (9) Further, the Department, through the National Center for Veterans Analysis and Statistics, has leveraged the vast amount of data generated within the Department and collected by other Federal partners to improve population-based descriptive, statistical, and predictive analytic products to support the Secretary and in evidence-based policymaking, facilitate innovative and collaborative research, and empower modern business intelligence applications. ( 13) It is necessary for the Department to collect, collate, and analyze all available data on veteran demographics, and to share this data with Congress and other stakeholders on an ongoing basis, in an easily digestible format, to direct outreach and align policy with the needs of the changing veteran population. ``(a) Database.--(1) The Secretary shall collect demographic data of veterans (from any source of such data available to the Secretary, including the National Center for Veterans Analysis and Statistics of the Department, the Bureau of the Census, and the Social Security Administration) and maintain a database of such data. ``(D) Educational level. ``(N) Location of the veteran's residence, disaggregated by-- ``(i) rural or urban setting; ``(ii) distance to a facility of the Department; and ``(iii) whether the veteran has access to broadband service. ``(O) Any other information the Secretary determines appropriate. a) Report Required.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report describing the progress, challenges, performance, and opportunities of implementing the data strategy of the Department of Veterans Affairs. ( 2) Recommendations of the Secretary regarding legislation that may accelerate data management maturity of the Department. ( (7) Information sharing agreements and outstanding requirements with other Federal entities, including gaps best addressed by the addition of survey questions to an existing Federal survey instrument. ( F) The Advisory Committee on Homeless Veterans of the Department. (

To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to maintain demographic information regarding veterans and publish such information on a website of the Department of Veterans Affairs. 12) In line with the Evidence Act, it is incumbent upon the Secretary to regularly engage with key stakeholders, including Congress, veterans service organizations, advocacy groups, and open government groups to-- (A) enhance the open data program of the Department; and (B) improve development and dissemination of relevant data assets and analytic products to provide more current, accurate, and useful insights on veterans and their families. ( ``(a) Database.--(1) The Secretary shall collect demographic data of veterans (from any source of such data available to the Secretary, including the National Center for Veterans Analysis and Statistics of the Department, the Bureau of the Census, and the Social Security Administration) and maintain a database of such data. ``(c) Website.--The Secretary shall maintain a publicly accessible website of the Department that provides access to the database under subsection (a). ( ( 10) Priority data requirements of the Department, identified through consultation with the following entities: (A) The Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives. ( D) The Advisory Committee on Minority Veterans of the Department. ( (

To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to maintain demographic information regarding veterans and publish such information on a website of the Department of Veterans Affairs. 13) It is necessary for the Department to collect, collate, and analyze all available data on veteran demographics, and to share this data with Congress and other stakeholders on an ongoing basis, in an easily digestible format, to direct outreach and align policy with the needs of the changing veteran population. 2) Recommendations of the Secretary regarding legislation that may accelerate data management maturity of the Department. ( (7) Information sharing agreements and outstanding requirements with other Federal entities, including gaps best addressed by the addition of survey questions to an existing Federal survey instrument. ( F) The Advisory Committee on Homeless Veterans of the Department. (

To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to maintain demographic information regarding veterans and publish such information on a website of the Department of Veterans Affairs. 12) In line with the Evidence Act, it is incumbent upon the Secretary to regularly engage with key stakeholders, including Congress, veterans service organizations, advocacy groups, and open government groups to-- (A) enhance the open data program of the Department; and (B) improve development and dissemination of relevant data assets and analytic products to provide more current, accurate, and useful insights on veterans and their families. ( ``(a) Database.--(1) The Secretary shall collect demographic data of veterans (from any source of such data available to the Secretary, including the National Center for Veterans Analysis and Statistics of the Department, the Bureau of the Census, and the Social Security Administration) and maintain a database of such data. ``(c) Website.--The Secretary shall maintain a publicly accessible website of the Department that provides access to the database under subsection (a). ( ( 10) Priority data requirements of the Department, identified through consultation with the following entities: (A) The Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives. ( D) The Advisory Committee on Minority Veterans of the Department. ( (

Every Veteran Counts Act of 2021 This bill directs the Department of Veterans Affairs (VA) to maintain demographic information regarding veterans and publish such information on a VA website. The VA must: (1) collect and maintain demographic data from any source of data, including the National Census, the Social Security Administration (SSA), and other sources; (2) maintain a database of such data Directs the Secretary of Veterans Affairs (VA) to report to Congress on the progress, challenges, performance, and opportunities of implementing the data strategy of the VA. Requires the Secretary to: (1) maintain a publicly accessible VA database that provides access to the database; and (2) publish such report on the VA's data website in a machine-readable format. (Sec.

S.3851

Armed Forces and National Security

Veterans Exposed to Toxic PFAS Act or the VET PFAS Act This bill provides eligibility for Department of Veterans Affairs (VA) hospital care and medical services to veterans and their family members (including those in utero) who have specified conditions and resided at a military installation where individuals were exposed to perfluoroalkyl and polyfluoroalkyl substances, commonly known as PFAS. PFAS are man-made and may have adverse human health effects. Hospital care and medical services may not be furnished for a condition that is found to have resulted from a cause other than the exposure to PFAS at a military installation. The VA may provide reimbursement for hospital care or medical services provided to a family member only after the family member or provider has exhausted all claims and remedies otherwise available for payment of such care. For disability compensation purposes, the bill establishes a presumption of service-connection for specified conditions in veterans who served at a military installation at which individuals were exposed to PFAS. Under a presumption of service-connection, specific conditions diagnosed in certain veterans are presumed to have been caused by the circumstances of their military service. Health care benefits and disability compensation may then be awarded.

To amend title 38, United States Code, to furnish hospital care and medical services to veterans and dependents who were stationed at military installations at which those veterans and dependents were exposed to perfluorooctanoic acid or other perfluoroalkyl and polyfluoroalkyl substances, to provide for a presumption of service connection for certain veterans who were stationed at military installations at which those veterans were exposed to such 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 ``Veterans Exposed to Toxic PFAS Act'' or the ``VET PFAS Act''. SEC. 2. HOSPITAL CARE AND MEDICAL SERVICES FOR VETERANS AND DEPENDENTS EXPOSED TO PERFLUOROOCTANOIC ACID AND OTHER PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES. (a) Hospital Care and Medical Services for Veterans.-- (1) In general.--Paragraph (1) of section 1710(e) of title 38, United States Code, is amended by adding at the end the following new subparagraph: ``(G)(i) Beginning on the date that is 90 days after the date of the enactment of this subparagraph, subject to paragraph (2), a veteran who served on active duty in the Armed Forces at a covered military installation at which individuals were exposed to substances specified in clause (ii) is eligible for hospital care and medical services under subsection (a)(2)(F) for the diseases, illnesses, or conditions as specified in such clause, notwithstanding that there is insufficient medical evidence to conclude that such disease, illness, or condition is attributable to such service. ``(ii) The substances and diseases, illnesses, or conditions specified in this clause are the following: ``(I) With respect to exposure to perfluorooctanoic acid-- ``(aa) diagnosed high cholesterol; ``(bb) ulcerative colitis; ``(cc) thyroid disease; ``(dd) testicular cancer; ``(ee) kidney cancer; and ``(ff) pregnancy-induced hypertension. ``(II) With respect to exposure to perfluoroalkyl and polyfluoroalkyl substances not specified in subclause (I), any disease, illness, or condition that the Secretary, in consultation with the Administrator of the Agency for Toxic Substances and Disease Registry of the Department of Health and Human Services, determines pursuant to the study conducted under section 316(a) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1350) that a positive association exists between exposure to perfluoroalkyl and polyfluoroalkyl substances and such disease, illness, or condition. ``(iii) For purposes of this subparagraph, any service by a member of the reserve components of the Armed Forces for a period specified by the Secretary at a covered military installation at which individuals were exposed to substances specified in clause (ii) shall be treated as active duty service, notwithstanding section 101(21) of this title. ``(iv) In this subparagraph, the term `covered military installation' means a military installation at which individuals were exposed to perfluorooctanoic acid or other perfluoroalkyl and polyfluoroalkyl substances, including exposure through a well that provides water for human consumption that is contaminated with such substances.''. (2) Limitation.--Paragraph (2)(B) of such section is amended by striking ``or (F)'' and inserting ``(F), or (G)''. (b) Family Members.-- (1) In general.--Subchapter VIII of chapter 17 of title 38, United States Code, is amended by inserting after section 1787 the following new section: ``Sec. 1787A. Health care of family members of veterans stationed at certain military installations with PFAS contamination ``(a) In General.--Beginning on the date that is 90 days after the date of the enactment of this section, subject to subsection (b), a family member of a veteran described in clause (i) of section 1710(e)(1)(G) of this title (or who would be so described but for the condition by which the individual was discharged or released from the Armed Forces) who resided at a covered military installation (as defined in clause (iv) of such section) or who was in utero while the mother of such family member resided at such location shall be eligible for hospital care and medical services furnished by the Secretary for any disease, illness, or condition for which a veteran may receive hospital care and medical services under clause (ii) of such section, notwithstanding that there is insufficient medical evidence to conclude that such disease, illness, or condition is attributable to such residence. ``(b) Limitations.--(1) The Secretary may only furnish hospital care and medical services under subsection (a) to the extent and in the amount provided in advance in appropriations Acts for such purpose. ``(2) Hospital care and medical services may not be furnished under subsection (a) for a disease, illness, or condition of a family member that is found, in accordance with guidelines issued by the Under Secretary for Health, to have resulted from a cause other than the residence of the family member described in that subsection. ``(3) The Secretary may provide reimbursement for hospital care or medical services provided to a family member under this section only after the family member or the provider of such care or services has exhausted without success all claims and remedies reasonably available to the family member or provider against a third party (as defined in section 1725(f) of this title) for payment of such care or services, including with respect to health-plan contracts (as defined in such section).''. (2) Clerical amendment.--The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 1787 the following new item: ``1787A. Health care of family members of veterans stationed at certain military installations with PFAS contamination.''. (c) Annual Reports.-- (1) In general.--During the three-year period beginning in the year in which the study conducted under section 316 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1350) is submitted to Congress, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives an annual report on the care and services provided under sections 1710(e)(1)(G) and 1787A of title 38, United States Code (as added by subsections (a)(1) and (b)(1), respectively). (2) Elements.--Each report under paragraph (1) shall set forth the following: (A) The number of veterans and family members provided hospital care and medical services under the provisions of law specified in paragraph (1) during the period covered by the report. (B) The illnesses, conditions, and disabilities for which care and services have been provided such veterans and family members under such provisions of law during that period. (C) The number of veterans and family members who applied for care and services under such provisions of law during that period but were denied, including information on the reasons for such denials. (D) The number of veterans and family members who applied for care and services under such provisions of law and are awaiting a decision from the Secretary on eligibility for such care and services as of the date of such report. (3) Veteran defined.--In this subsection, the term ``veteran'' includes a former member of the reserve components of the Armed Forces covered by section 1710(e)(1)(G) of title 38, United States Code. SEC. 3. PRESUMPTION OF SERVICE CONNECTION FOR CERTAIN VETERANS EXPOSED TO PERFLUOROOCTANOIC ACID OR OTHER PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES. (a) In General.--Chapter 11 of title 38, United States Code, is amended by inserting after section 1116B the following new section: ``Sec. 1116C. Presumption of service connection for certain veterans exposed to perfluorooctanoic acid or other perfluoroalkyl and polyfluoroalkyl substances ``(a) Presumption of Service Connection.--(1) For the purposes of section 1110 of this title, and subject to section 1113 of this title, each disease or illness specified in subsection (b) that becomes manifest in a veteran described in paragraph (2) shall be considered to have been incurred or aggravated in the line of duty in the active military, naval, air, or space service, notwithstanding that there is no record of evidence of such disease or illness during the period of such service. ``(2) A veteran described in this paragraph is a veteran who, during active military, naval, air, or space service, served at a military installation at which individuals were exposed to perfluorooctanoic acid or other perfluoroalkyl and polyfluoroalkyl substances, including exposure through a well that provides water for human consumption that is contaminated with such substances. ``(b) Diseases or Illnesses.--A disease or illness specified in this subsection is any of the following: ``(1) With respect to exposure to perfluorooctanoic acid-- ``(A) diagnosed high cholesterol; ``(B) ulcerative colitis; ``(C) thyroid disease; ``(D) testicular cancer; ``(E) kidney cancer; and ``(F) pregnancy-induced hypertension. ``(2) With respect to exposure to other perfluoroalkyl and polyfluoroalkyl substances, any other disease, illness, or condition that the Secretary, in consultation with the Administrator of the Agency for Toxic Substances and Disease Registry of the Department of Health and Human Services, determines pursuant to the study conducted under section 316 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1350) that a positive association exists between exposure to perfluoroalkyl and polyfluoroalkyl substances and such disease or illness. ``(c) Active Military, Naval, Air, or Space Service.--For purposes of this section, any service by a member of the reserve components for a period specified by the Secretary at a military installation described in subsection (a)(2) shall be treated as active military, naval, air, or space service, notwithstanding section 101(24) of this title.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1116B the following new item: ``1116C. Presumption of service connection for certain veterans exposed to perfluorooctanoic acid or other perfluoroalkyl and polyfluoroalkyl substances.''. <all>

VET PFAS Act

A bill to amend title 38, United States Code, to furnish hospital care and medical services to veterans and dependents who were stationed at military installations at which those veterans and dependents were exposed to perfluorooctanoic acid or other perfluoroalkyl and polyfluoroalkyl substances, to provide for a presumption of service connection for certain veterans who were stationed at military installations at which those veterans were exposed to such substances, and for other purposes.

VET PFAS Act Veterans Exposed to Toxic PFAS Act

Sen. Stabenow, Debbie

D

MI

This bill provides eligibility for Department of Veterans Affairs (VA) hospital care and medical services to veterans and their family members (including those in utero) who have specified conditions and resided at a military installation where individuals were exposed to perfluoroalkyl and polyfluoroalkyl substances, commonly known as PFAS. PFAS are man-made and may have adverse human health effects. Hospital care and medical services may not be furnished for a condition that is found to have resulted from a cause other than the exposure to PFAS at a military installation. The VA may provide reimbursement for hospital care or medical services provided to a family member only after the family member or provider has exhausted all claims and remedies otherwise available for payment of such care. For disability compensation purposes, the bill establishes a presumption of service-connection for specified conditions in veterans who served at a military installation at which individuals were exposed to PFAS. Under a presumption of service-connection, specific conditions diagnosed in certain veterans are presumed to have been caused by the circumstances of their military service. Health care benefits and disability compensation may then be awarded.

This Act may be cited as the ``Veterans Exposed to Toxic PFAS Act'' or the ``VET PFAS Act''. 2. HOSPITAL CARE AND MEDICAL SERVICES FOR VETERANS AND DEPENDENTS EXPOSED TO PERFLUOROOCTANOIC ACID AND OTHER PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES. ``(ii) The substances and diseases, illnesses, or conditions specified in this clause are the following: ``(I) With respect to exposure to perfluorooctanoic acid-- ``(aa) diagnosed high cholesterol; ``(bb) ulcerative colitis; ``(cc) thyroid disease; ``(dd) testicular cancer; ``(ee) kidney cancer; and ``(ff) pregnancy-induced hypertension. 1350) that a positive association exists between exposure to perfluoroalkyl and polyfluoroalkyl substances and such disease, illness, or condition. ``(iv) In this subparagraph, the term `covered military installation' means a military installation at which individuals were exposed to perfluorooctanoic acid or other perfluoroalkyl and polyfluoroalkyl substances, including exposure through a well that provides water for human consumption that is contaminated with such substances.''. (2) Limitation.--Paragraph (2)(B) of such section is amended by striking ``or (F)'' and inserting ``(F), or (G)''. (b) Family Members.-- (1) In general.--Subchapter VIII of chapter 17 of title 38, United States Code, is amended by inserting after section 1787 the following new section: ``Sec. 1787A. Health care of family members of veterans stationed at certain military installations with PFAS contamination.''. (c) Annual Reports.-- (1) In general.--During the three-year period beginning in the year in which the study conducted under section 316 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1350) is submitted to Congress, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives an annual report on the care and services provided under sections 1710(e)(1)(G) and 1787A of title 38, United States Code (as added by subsections (a)(1) and (b)(1), respectively). (D) The number of veterans and family members who applied for care and services under such provisions of law and are awaiting a decision from the Secretary on eligibility for such care and services as of the date of such report. 3. PRESUMPTION OF SERVICE CONNECTION FOR CERTAIN VETERANS EXPOSED TO PERFLUOROOCTANOIC ACID OR OTHER PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES. 1116C. ``(c) Active Military, Naval, Air, or Space Service.--For purposes of this section, any service by a member of the reserve components for a period specified by the Secretary at a military installation described in subsection (a)(2) shall be treated as active military, naval, air, or space service, notwithstanding section 101(24) of this title.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1116B the following new item: ``1116C.

This Act may be cited as the ``Veterans Exposed to Toxic PFAS Act'' or the ``VET PFAS Act''. 2. HOSPITAL CARE AND MEDICAL SERVICES FOR VETERANS AND DEPENDENTS EXPOSED TO PERFLUOROOCTANOIC ACID AND OTHER PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES. ``(ii) The substances and diseases, illnesses, or conditions specified in this clause are the following: ``(I) With respect to exposure to perfluorooctanoic acid-- ``(aa) diagnosed high cholesterol; ``(bb) ulcerative colitis; ``(cc) thyroid disease; ``(dd) testicular cancer; ``(ee) kidney cancer; and ``(ff) pregnancy-induced hypertension. 1350) that a positive association exists between exposure to perfluoroalkyl and polyfluoroalkyl substances and such disease, illness, or condition. ``(iv) In this subparagraph, the term `covered military installation' means a military installation at which individuals were exposed to perfluorooctanoic acid or other perfluoroalkyl and polyfluoroalkyl substances, including exposure through a well that provides water for human consumption that is contaminated with such substances.''. (2) Limitation.--Paragraph (2)(B) of such section is amended by striking ``or (F)'' and inserting ``(F), or (G)''. (b) Family Members.-- (1) In general.--Subchapter VIII of chapter 17 of title 38, United States Code, is amended by inserting after section 1787 the following new section: ``Sec. 1787A. Health care of family members of veterans stationed at certain military installations with PFAS contamination.''. (c) Annual Reports.-- (1) In general.--During the three-year period beginning in the year in which the study conducted under section 316 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 3. 1116C. ``(c) Active Military, Naval, Air, or Space Service.--For purposes of this section, any service by a member of the reserve components for a period specified by the Secretary at a military installation described in subsection (a)(2) shall be treated as active military, naval, air, or space service, notwithstanding section 101(24) of this title.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1116B the following new item: ``1116C.

SHORT TITLE. This Act may be cited as the ``Veterans Exposed to Toxic PFAS Act'' or the ``VET PFAS Act''. 2. HOSPITAL CARE AND MEDICAL SERVICES FOR VETERANS AND DEPENDENTS EXPOSED TO PERFLUOROOCTANOIC ACID AND OTHER PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES. ``(ii) The substances and diseases, illnesses, or conditions specified in this clause are the following: ``(I) With respect to exposure to perfluorooctanoic acid-- ``(aa) diagnosed high cholesterol; ``(bb) ulcerative colitis; ``(cc) thyroid disease; ``(dd) testicular cancer; ``(ee) kidney cancer; and ``(ff) pregnancy-induced hypertension. 1350) that a positive association exists between exposure to perfluoroalkyl and polyfluoroalkyl substances and such disease, illness, or condition. ``(iv) In this subparagraph, the term `covered military installation' means a military installation at which individuals were exposed to perfluorooctanoic acid or other perfluoroalkyl and polyfluoroalkyl substances, including exposure through a well that provides water for human consumption that is contaminated with such substances.''. (2) Limitation.--Paragraph (2)(B) of such section is amended by striking ``or (F)'' and inserting ``(F), or (G)''. (b) Family Members.-- (1) In general.--Subchapter VIII of chapter 17 of title 38, United States Code, is amended by inserting after section 1787 the following new section: ``Sec. 1787A. Health care of family members of veterans stationed at certain military installations with PFAS contamination ``(a) In General.--Beginning on the date that is 90 days after the date of the enactment of this section, subject to subsection (b), a family member of a veteran described in clause (i) of section 1710(e)(1)(G) of this title (or who would be so described but for the condition by which the individual was discharged or released from the Armed Forces) who resided at a covered military installation (as defined in clause (iv) of such section) or who was in utero while the mother of such family member resided at such location shall be eligible for hospital care and medical services furnished by the Secretary for any disease, illness, or condition for which a veteran may receive hospital care and medical services under clause (ii) of such section, notwithstanding that there is insufficient medical evidence to conclude that such disease, illness, or condition is attributable to such residence. ``(3) The Secretary may provide reimbursement for hospital care or medical services provided to a family member under this section only after the family member or the provider of such care or services has exhausted without success all claims and remedies reasonably available to the family member or provider against a third party (as defined in section 1725(f) of this title) for payment of such care or services, including with respect to health-plan contracts (as defined in such section).''. Health care of family members of veterans stationed at certain military installations with PFAS contamination.''. (c) Annual Reports.-- (1) In general.--During the three-year period beginning in the year in which the study conducted under section 316 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1350) is submitted to Congress, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives an annual report on the care and services provided under sections 1710(e)(1)(G) and 1787A of title 38, United States Code (as added by subsections (a)(1) and (b)(1), respectively). (D) The number of veterans and family members who applied for care and services under such provisions of law and are awaiting a decision from the Secretary on eligibility for such care and services as of the date of such report. 3. PRESUMPTION OF SERVICE CONNECTION FOR CERTAIN VETERANS EXPOSED TO PERFLUOROOCTANOIC ACID OR OTHER PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES. 1116C. ``(c) Active Military, Naval, Air, or Space Service.--For purposes of this section, any service by a member of the reserve components for a period specified by the Secretary at a military installation described in subsection (a)(2) shall be treated as active military, naval, air, or space service, notwithstanding section 101(24) of this title.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1116B the following new item: ``1116C.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Exposed to Toxic PFAS Act'' or the ``VET PFAS Act''. 2. HOSPITAL CARE AND MEDICAL SERVICES FOR VETERANS AND DEPENDENTS EXPOSED TO PERFLUOROOCTANOIC ACID AND OTHER PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES. ``(ii) The substances and diseases, illnesses, or conditions specified in this clause are the following: ``(I) With respect to exposure to perfluorooctanoic acid-- ``(aa) diagnosed high cholesterol; ``(bb) ulcerative colitis; ``(cc) thyroid disease; ``(dd) testicular cancer; ``(ee) kidney cancer; and ``(ff) pregnancy-induced hypertension. ``(II) With respect to exposure to perfluoroalkyl and polyfluoroalkyl substances not specified in subclause (I), any disease, illness, or condition that the Secretary, in consultation with the Administrator of the Agency for Toxic Substances and Disease Registry of the Department of Health and Human Services, determines pursuant to the study conducted under section 316(a) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1350) that a positive association exists between exposure to perfluoroalkyl and polyfluoroalkyl substances and such disease, illness, or condition. ``(iv) In this subparagraph, the term `covered military installation' means a military installation at which individuals were exposed to perfluorooctanoic acid or other perfluoroalkyl and polyfluoroalkyl substances, including exposure through a well that provides water for human consumption that is contaminated with such substances.''. (2) Limitation.--Paragraph (2)(B) of such section is amended by striking ``or (F)'' and inserting ``(F), or (G)''. (b) Family Members.-- (1) In general.--Subchapter VIII of chapter 17 of title 38, United States Code, is amended by inserting after section 1787 the following new section: ``Sec. 1787A. Health care of family members of veterans stationed at certain military installations with PFAS contamination ``(a) In General.--Beginning on the date that is 90 days after the date of the enactment of this section, subject to subsection (b), a family member of a veteran described in clause (i) of section 1710(e)(1)(G) of this title (or who would be so described but for the condition by which the individual was discharged or released from the Armed Forces) who resided at a covered military installation (as defined in clause (iv) of such section) or who was in utero while the mother of such family member resided at such location shall be eligible for hospital care and medical services furnished by the Secretary for any disease, illness, or condition for which a veteran may receive hospital care and medical services under clause (ii) of such section, notwithstanding that there is insufficient medical evidence to conclude that such disease, illness, or condition is attributable to such residence. ``(b) Limitations.--(1) The Secretary may only furnish hospital care and medical services under subsection (a) to the extent and in the amount provided in advance in appropriations Acts for such purpose. ``(2) Hospital care and medical services may not be furnished under subsection (a) for a disease, illness, or condition of a family member that is found, in accordance with guidelines issued by the Under Secretary for Health, to have resulted from a cause other than the residence of the family member described in that subsection. ``(3) The Secretary may provide reimbursement for hospital care or medical services provided to a family member under this section only after the family member or the provider of such care or services has exhausted without success all claims and remedies reasonably available to the family member or provider against a third party (as defined in section 1725(f) of this title) for payment of such care or services, including with respect to health-plan contracts (as defined in such section).''. Health care of family members of veterans stationed at certain military installations with PFAS contamination.''. (c) Annual Reports.-- (1) In general.--During the three-year period beginning in the year in which the study conducted under section 316 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1350) is submitted to Congress, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives an annual report on the care and services provided under sections 1710(e)(1)(G) and 1787A of title 38, United States Code (as added by subsections (a)(1) and (b)(1), respectively). (C) The number of veterans and family members who applied for care and services under such provisions of law during that period but were denied, including information on the reasons for such denials. (D) The number of veterans and family members who applied for care and services under such provisions of law and are awaiting a decision from the Secretary on eligibility for such care and services as of the date of such report. 3. PRESUMPTION OF SERVICE CONNECTION FOR CERTAIN VETERANS EXPOSED TO PERFLUOROOCTANOIC ACID OR OTHER PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES. 1116C. ``(c) Active Military, Naval, Air, or Space Service.--For purposes of this section, any service by a member of the reserve components for a period specified by the Secretary at a military installation described in subsection (a)(2) shall be treated as active military, naval, air, or space service, notwithstanding section 101(24) of this title.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1116B the following new item: ``1116C.

To amend title 38, United States Code, to furnish hospital care and medical services to veterans and dependents who were stationed at military installations at which those veterans and dependents were exposed to perfluorooctanoic acid or other perfluoroalkyl and polyfluoroalkyl substances, to provide for a presumption of service connection for certain veterans who were stationed at military installations at which those veterans were exposed to such substances, and for other purposes. HOSPITAL CARE AND MEDICAL SERVICES FOR VETERANS AND DEPENDENTS EXPOSED TO PERFLUOROOCTANOIC ACID AND OTHER PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES. ``(ii) The substances and diseases, illnesses, or conditions specified in this clause are the following: ``(I) With respect to exposure to perfluorooctanoic acid-- ``(aa) diagnosed high cholesterol; ``(bb) ulcerative colitis; ``(cc) thyroid disease; ``(dd) testicular cancer; ``(ee) kidney cancer; and ``(ff) pregnancy-induced hypertension. ``(II) With respect to exposure to perfluoroalkyl and polyfluoroalkyl substances not specified in subclause (I), any disease, illness, or condition that the Secretary, in consultation with the Administrator of the Agency for Toxic Substances and Disease Registry of the Department of Health and Human Services, determines pursuant to the study conducted under section 316(a) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1350) that a positive association exists between exposure to perfluoroalkyl and polyfluoroalkyl substances and such disease, illness, or condition. ``(iv) In this subparagraph, the term `covered military installation' means a military installation at which individuals were exposed to perfluorooctanoic acid or other perfluoroalkyl and polyfluoroalkyl substances, including exposure through a well that provides water for human consumption that is contaminated with such substances.''. ( ``(b) Limitations.--(1) The Secretary may only furnish hospital care and medical services under subsection (a) to the extent and in the amount provided in advance in appropriations Acts for such purpose. ``(2) Hospital care and medical services may not be furnished under subsection (a) for a disease, illness, or condition of a family member that is found, in accordance with guidelines issued by the Under Secretary for Health, to have resulted from a cause other than the residence of the family member described in that subsection. ``(3) The Secretary may provide reimbursement for hospital care or medical services provided to a family member under this section only after the family member or the provider of such care or services has exhausted without success all claims and remedies reasonably available to the family member or provider against a third party (as defined in section 1725(f) of this title) for payment of such care or services, including with respect to health-plan contracts (as defined in such section).''. ( 1350) is submitted to Congress, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives an annual report on the care and services provided under sections 1710(e)(1)(G) and 1787A of title 38, United States Code (as added by subsections (a)(1) and (b)(1), respectively). ( 3) Veteran defined.--In this subsection, the term ``veteran'' includes a former member of the reserve components of the Armed Forces covered by section 1710(e)(1)(G) of title 38, United States Code. PRESUMPTION OF SERVICE CONNECTION FOR CERTAIN VETERANS EXPOSED TO PERFLUOROOCTANOIC ACID OR OTHER PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES. ( ``(2) A veteran described in this paragraph is a veteran who, during active military, naval, air, or space service, served at a military installation at which individuals were exposed to perfluorooctanoic acid or other perfluoroalkyl and polyfluoroalkyl substances, including exposure through a well that provides water for human consumption that is contaminated with such substances. ``(2) With respect to exposure to other perfluoroalkyl and polyfluoroalkyl substances, any other disease, illness, or condition that the Secretary, in consultation with the Administrator of the Agency for Toxic Substances and Disease Registry of the Department of Health and Human Services, determines pursuant to the study conducted under section 316 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat. ``(c) Active Military, Naval, Air, or Space Service.--For purposes of this section, any service by a member of the reserve components for a period specified by the Secretary at a military installation described in subsection (a)(2) shall be treated as active military, naval, air, or space service, notwithstanding section 101(24) of this title.''. (

To amend title 38, United States Code, to furnish hospital care and medical services to veterans and dependents who were stationed at military installations at which those veterans and dependents were exposed to perfluorooctanoic acid or other perfluoroalkyl and polyfluoroalkyl substances, to provide for a presumption of service connection for certain veterans who were stationed at military installations at which those veterans were exposed to such substances, and for other purposes. HOSPITAL CARE AND MEDICAL SERVICES FOR VETERANS AND DEPENDENTS EXPOSED TO PERFLUOROOCTANOIC ACID AND OTHER PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES. ( ``(II) With respect to exposure to perfluoroalkyl and polyfluoroalkyl substances not specified in subclause (I), any disease, illness, or condition that the Secretary, in consultation with the Administrator of the Agency for Toxic Substances and Disease Registry of the Department of Health and Human Services, determines pursuant to the study conducted under section 316(a) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat. ``(iv) In this subparagraph, the term `covered military installation' means a military installation at which individuals were exposed to perfluorooctanoic acid or other perfluoroalkyl and polyfluoroalkyl substances, including exposure through a well that provides water for human consumption that is contaminated with such substances.''. ( ``(b) Limitations.--(1) The Secretary may only furnish hospital care and medical services under subsection (a) to the extent and in the amount provided in advance in appropriations Acts for such purpose. ``(2) Hospital care and medical services may not be furnished under subsection (a) for a disease, illness, or condition of a family member that is found, in accordance with guidelines issued by the Under Secretary for Health, to have resulted from a cause other than the residence of the family member described in that subsection. Health care of family members of veterans stationed at certain military installations with PFAS contamination.''. ( 1350) is submitted to Congress, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives an annual report on the care and services provided under sections 1710(e)(1)(G) and 1787A of title 38, United States Code (as added by subsections (a)(1) and (b)(1), respectively). ( ``(2) A veteran described in this paragraph is a veteran who, during active military, naval, air, or space service, served at a military installation at which individuals were exposed to perfluorooctanoic acid or other perfluoroalkyl and polyfluoroalkyl substances, including exposure through a well that provides water for human consumption that is contaminated with such substances. ``(c) Active Military, Naval, Air, or Space Service.--For purposes of this section, any service by a member of the reserve components for a period specified by the Secretary at a military installation described in subsection (a)(2) shall be treated as active military, naval, air, or space service, notwithstanding section 101(24) of this title.''. ( Presumption of service connection for certain veterans exposed to perfluorooctanoic acid or other perfluoroalkyl and polyfluoroalkyl substances.''.

To amend title 38, United States Code, to furnish hospital care and medical services to veterans and dependents who were stationed at military installations at which those veterans and dependents were exposed to perfluorooctanoic acid or other perfluoroalkyl and polyfluoroalkyl substances, to provide for a presumption of service connection for certain veterans who were stationed at military installations at which those veterans were exposed to such substances, and for other purposes. HOSPITAL CARE AND MEDICAL SERVICES FOR VETERANS AND DEPENDENTS EXPOSED TO PERFLUOROOCTANOIC ACID AND OTHER PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES. ( ``(II) With respect to exposure to perfluoroalkyl and polyfluoroalkyl substances not specified in subclause (I), any disease, illness, or condition that the Secretary, in consultation with the Administrator of the Agency for Toxic Substances and Disease Registry of the Department of Health and Human Services, determines pursuant to the study conducted under section 316(a) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat. ``(iv) In this subparagraph, the term `covered military installation' means a military installation at which individuals were exposed to perfluorooctanoic acid or other perfluoroalkyl and polyfluoroalkyl substances, including exposure through a well that provides water for human consumption that is contaminated with such substances.''. ( ``(b) Limitations.--(1) The Secretary may only furnish hospital care and medical services under subsection (a) to the extent and in the amount provided in advance in appropriations Acts for such purpose. ``(2) Hospital care and medical services may not be furnished under subsection (a) for a disease, illness, or condition of a family member that is found, in accordance with guidelines issued by the Under Secretary for Health, to have resulted from a cause other than the residence of the family member described in that subsection. Health care of family members of veterans stationed at certain military installations with PFAS contamination.''. ( 1350) is submitted to Congress, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives an annual report on the care and services provided under sections 1710(e)(1)(G) and 1787A of title 38, United States Code (as added by subsections (a)(1) and (b)(1), respectively). ( ``(2) A veteran described in this paragraph is a veteran who, during active military, naval, air, or space service, served at a military installation at which individuals were exposed to perfluorooctanoic acid or other perfluoroalkyl and polyfluoroalkyl substances, including exposure through a well that provides water for human consumption that is contaminated with such substances. ``(c) Active Military, Naval, Air, or Space Service.--For purposes of this section, any service by a member of the reserve components for a period specified by the Secretary at a military installation described in subsection (a)(2) shall be treated as active military, naval, air, or space service, notwithstanding section 101(24) of this title.''. ( Presumption of service connection for certain veterans exposed to perfluorooctanoic acid or other perfluoroalkyl and polyfluoroalkyl substances.''.

To amend title 38, United States Code, to furnish hospital care and medical services to veterans and dependents who were stationed at military installations at which those veterans and dependents were exposed to perfluorooctanoic acid or other perfluoroalkyl and polyfluoroalkyl substances, to provide for a presumption of service connection for certain veterans who were stationed at military installations at which those veterans were exposed to such substances, and for other purposes. HOSPITAL CARE AND MEDICAL SERVICES FOR VETERANS AND DEPENDENTS EXPOSED TO PERFLUOROOCTANOIC ACID AND OTHER PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES. ``(ii) The substances and diseases, illnesses, or conditions specified in this clause are the following: ``(I) With respect to exposure to perfluorooctanoic acid-- ``(aa) diagnosed high cholesterol; ``(bb) ulcerative colitis; ``(cc) thyroid disease; ``(dd) testicular cancer; ``(ee) kidney cancer; and ``(ff) pregnancy-induced hypertension. ``(II) With respect to exposure to perfluoroalkyl and polyfluoroalkyl substances not specified in subclause (I), any disease, illness, or condition that the Secretary, in consultation with the Administrator of the Agency for Toxic Substances and Disease Registry of the Department of Health and Human Services, determines pursuant to the study conducted under section 316(a) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1350) that a positive association exists between exposure to perfluoroalkyl and polyfluoroalkyl substances and such disease, illness, or condition. ``(iv) In this subparagraph, the term `covered military installation' means a military installation at which individuals were exposed to perfluorooctanoic acid or other perfluoroalkyl and polyfluoroalkyl substances, including exposure through a well that provides water for human consumption that is contaminated with such substances.''. ( ``(b) Limitations.--(1) The Secretary may only furnish hospital care and medical services under subsection (a) to the extent and in the amount provided in advance in appropriations Acts for such purpose. ``(2) Hospital care and medical services may not be furnished under subsection (a) for a disease, illness, or condition of a family member that is found, in accordance with guidelines issued by the Under Secretary for Health, to have resulted from a cause other than the residence of the family member described in that subsection. ``(3) The Secretary may provide reimbursement for hospital care or medical services provided to a family member under this section only after the family member or the provider of such care or services has exhausted without success all claims and remedies reasonably available to the family member or provider against a third party (as defined in section 1725(f) of this title) for payment of such care or services, including with respect to health-plan contracts (as defined in such section).''. ( 1350) is submitted to Congress, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives an annual report on the care and services provided under sections 1710(e)(1)(G) and 1787A of title 38, United States Code (as added by subsections (a)(1) and (b)(1), respectively). ( 3) Veteran defined.--In this subsection, the term ``veteran'' includes a former member of the reserve components of the Armed Forces covered by section 1710(e)(1)(G) of title 38, United States Code. PRESUMPTION OF SERVICE CONNECTION FOR CERTAIN VETERANS EXPOSED TO PERFLUOROOCTANOIC ACID OR OTHER PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES. ( ``(2) A veteran described in this paragraph is a veteran who, during active military, naval, air, or space service, served at a military installation at which individuals were exposed to perfluorooctanoic acid or other perfluoroalkyl and polyfluoroalkyl substances, including exposure through a well that provides water for human consumption that is contaminated with such substances. ``(2) With respect to exposure to other perfluoroalkyl and polyfluoroalkyl substances, any other disease, illness, or condition that the Secretary, in consultation with the Administrator of the Agency for Toxic Substances and Disease Registry of the Department of Health and Human Services, determines pursuant to the study conducted under section 316 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat. ``(c) Active Military, Naval, Air, or Space Service.--For purposes of this section, any service by a member of the reserve components for a period specified by the Secretary at a military installation described in subsection (a)(2) shall be treated as active military, naval, air, or space service, notwithstanding section 101(24) of this title.''. (

To amend title 38, United States Code, to furnish hospital care and medical services to veterans and dependents who were stationed at military installations at which those veterans and dependents were exposed to perfluorooctanoic acid or other perfluoroalkyl and polyfluoroalkyl substances, to provide for a presumption of service connection for certain veterans who were stationed at military installations at which those veterans were exposed to such substances, and for other purposes. HOSPITAL CARE AND MEDICAL SERVICES FOR VETERANS AND DEPENDENTS EXPOSED TO PERFLUOROOCTANOIC ACID AND OTHER PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES. ( ``(II) With respect to exposure to perfluoroalkyl and polyfluoroalkyl substances not specified in subclause (I), any disease, illness, or condition that the Secretary, in consultation with the Administrator of the Agency for Toxic Substances and Disease Registry of the Department of Health and Human Services, determines pursuant to the study conducted under section 316(a) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat. ``(iv) In this subparagraph, the term `covered military installation' means a military installation at which individuals were exposed to perfluorooctanoic acid or other perfluoroalkyl and polyfluoroalkyl substances, including exposure through a well that provides water for human consumption that is contaminated with such substances.''. ( ``(b) Limitations.--(1) The Secretary may only furnish hospital care and medical services under subsection (a) to the extent and in the amount provided in advance in appropriations Acts for such purpose. ``(2) Hospital care and medical services may not be furnished under subsection (a) for a disease, illness, or condition of a family member that is found, in accordance with guidelines issued by the Under Secretary for Health, to have resulted from a cause other than the residence of the family member described in that subsection. Health care of family members of veterans stationed at certain military installations with PFAS contamination.''. ( 1350) is submitted to Congress, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives an annual report on the care and services provided under sections 1710(e)(1)(G) and 1787A of title 38, United States Code (as added by subsections (a)(1) and (b)(1), respectively). ( ``(2) A veteran described in this paragraph is a veteran who, during active military, naval, air, or space service, served at a military installation at which individuals were exposed to perfluorooctanoic acid or other perfluoroalkyl and polyfluoroalkyl substances, including exposure through a well that provides water for human consumption that is contaminated with such substances. ``(c) Active Military, Naval, Air, or Space Service.--For purposes of this section, any service by a member of the reserve components for a period specified by the Secretary at a military installation described in subsection (a)(2) shall be treated as active military, naval, air, or space service, notwithstanding section 101(24) of this title.''. ( Presumption of service connection for certain veterans exposed to perfluorooctanoic acid or other perfluoroalkyl and polyfluoroalkyl substances.''.

To amend title 38, United States Code, to furnish hospital care and medical services to veterans and dependents who were stationed at military installations at which those veterans and dependents were exposed to perfluorooctanoic acid or other perfluoroalkyl and polyfluoroalkyl substances, to provide for a presumption of service connection for certain veterans who were stationed at military installations at which those veterans were exposed to such substances, and for other purposes. HOSPITAL CARE AND MEDICAL SERVICES FOR VETERANS AND DEPENDENTS EXPOSED TO PERFLUOROOCTANOIC ACID AND OTHER PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES. ``(ii) The substances and diseases, illnesses, or conditions specified in this clause are the following: ``(I) With respect to exposure to perfluorooctanoic acid-- ``(aa) diagnosed high cholesterol; ``(bb) ulcerative colitis; ``(cc) thyroid disease; ``(dd) testicular cancer; ``(ee) kidney cancer; and ``(ff) pregnancy-induced hypertension. ``(II) With respect to exposure to perfluoroalkyl and polyfluoroalkyl substances not specified in subclause (I), any disease, illness, or condition that the Secretary, in consultation with the Administrator of the Agency for Toxic Substances and Disease Registry of the Department of Health and Human Services, determines pursuant to the study conducted under section 316(a) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1350) that a positive association exists between exposure to perfluoroalkyl and polyfluoroalkyl substances and such disease, illness, or condition. ``(iv) In this subparagraph, the term `covered military installation' means a military installation at which individuals were exposed to perfluorooctanoic acid or other perfluoroalkyl and polyfluoroalkyl substances, including exposure through a well that provides water for human consumption that is contaminated with such substances.''. ( ``(b) Limitations.--(1) The Secretary may only furnish hospital care and medical services under subsection (a) to the extent and in the amount provided in advance in appropriations Acts for such purpose. ``(2) Hospital care and medical services may not be furnished under subsection (a) for a disease, illness, or condition of a family member that is found, in accordance with guidelines issued by the Under Secretary for Health, to have resulted from a cause other than the residence of the family member described in that subsection. ``(3) The Secretary may provide reimbursement for hospital care or medical services provided to a family member under this section only after the family member or the provider of such care or services has exhausted without success all claims and remedies reasonably available to the family member or provider against a third party (as defined in section 1725(f) of this title) for payment of such care or services, including with respect to health-plan contracts (as defined in such section).''. ( 1350) is submitted to Congress, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives an annual report on the care and services provided under sections 1710(e)(1)(G) and 1787A of title 38, United States Code (as added by subsections (a)(1) and (b)(1), respectively). ( 3) Veteran defined.--In this subsection, the term ``veteran'' includes a former member of the reserve components of the Armed Forces covered by section 1710(e)(1)(G) of title 38, United States Code. PRESUMPTION OF SERVICE CONNECTION FOR CERTAIN VETERANS EXPOSED TO PERFLUOROOCTANOIC ACID OR OTHER PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES. ( ``(2) A veteran described in this paragraph is a veteran who, during active military, naval, air, or space service, served at a military installation at which individuals were exposed to perfluorooctanoic acid or other perfluoroalkyl and polyfluoroalkyl substances, including exposure through a well that provides water for human consumption that is contaminated with such substances. ``(2) With respect to exposure to other perfluoroalkyl and polyfluoroalkyl substances, any other disease, illness, or condition that the Secretary, in consultation with the Administrator of the Agency for Toxic Substances and Disease Registry of the Department of Health and Human Services, determines pursuant to the study conducted under section 316 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat. ``(c) Active Military, Naval, Air, or Space Service.--For purposes of this section, any service by a member of the reserve components for a period specified by the Secretary at a military installation described in subsection (a)(2) shall be treated as active military, naval, air, or space service, notwithstanding section 101(24) of this title.''. (

To amend title 38, United States Code, to furnish hospital care and medical services to veterans and dependents who were stationed at military installations at which those veterans and dependents were exposed to perfluorooctanoic acid or other perfluoroalkyl and polyfluoroalkyl substances, to provide for a presumption of service connection for certain veterans who were stationed at military installations at which those veterans were exposed to such substances, and for other purposes. HOSPITAL CARE AND MEDICAL SERVICES FOR VETERANS AND DEPENDENTS EXPOSED TO PERFLUOROOCTANOIC ACID AND OTHER PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES. ( ``(II) With respect to exposure to perfluoroalkyl and polyfluoroalkyl substances not specified in subclause (I), any disease, illness, or condition that the Secretary, in consultation with the Administrator of the Agency for Toxic Substances and Disease Registry of the Department of Health and Human Services, determines pursuant to the study conducted under section 316(a) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat. ``(iv) In this subparagraph, the term `covered military installation' means a military installation at which individuals were exposed to perfluorooctanoic acid or other perfluoroalkyl and polyfluoroalkyl substances, including exposure through a well that provides water for human consumption that is contaminated with such substances.''. ( ``(b) Limitations.--(1) The Secretary may only furnish hospital care and medical services under subsection (a) to the extent and in the amount provided in advance in appropriations Acts for such purpose. ``(2) Hospital care and medical services may not be furnished under subsection (a) for a disease, illness, or condition of a family member that is found, in accordance with guidelines issued by the Under Secretary for Health, to have resulted from a cause other than the residence of the family member described in that subsection. Health care of family members of veterans stationed at certain military installations with PFAS contamination.''. ( 1350) is submitted to Congress, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives an annual report on the care and services provided under sections 1710(e)(1)(G) and 1787A of title 38, United States Code (as added by subsections (a)(1) and (b)(1), respectively). ( ``(2) A veteran described in this paragraph is a veteran who, during active military, naval, air, or space service, served at a military installation at which individuals were exposed to perfluorooctanoic acid or other perfluoroalkyl and polyfluoroalkyl substances, including exposure through a well that provides water for human consumption that is contaminated with such substances. ``(c) Active Military, Naval, Air, or Space Service.--For purposes of this section, any service by a member of the reserve components for a period specified by the Secretary at a military installation described in subsection (a)(2) shall be treated as active military, naval, air, or space service, notwithstanding section 101(24) of this title.''. ( Presumption of service connection for certain veterans exposed to perfluorooctanoic acid or other perfluoroalkyl and polyfluoroalkyl substances.''.

To amend title 38, United States Code, to furnish hospital care and medical services to veterans and dependents who were stationed at military installations at which those veterans and dependents were exposed to perfluorooctanoic acid or other perfluoroalkyl and polyfluoroalkyl substances, to provide for a presumption of service connection for certain veterans who were stationed at military installations at which those veterans were exposed to such substances, and for other purposes. 1350) that a positive association exists between exposure to perfluoroalkyl and polyfluoroalkyl substances and such disease, illness, or condition. ``(iv) In this subparagraph, the term `covered military installation' means a military installation at which individuals were exposed to perfluorooctanoic acid or other perfluoroalkyl and polyfluoroalkyl substances, including exposure through a well that provides water for human consumption that is contaminated with such substances.''. ( ``(2) Hospital care and medical services may not be furnished under subsection (a) for a disease, illness, or condition of a family member that is found, in accordance with guidelines issued by the Under Secretary for Health, to have resulted from a cause other than the residence of the family member described in that subsection. ( 1350) is submitted to Congress, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives an annual report on the care and services provided under sections 1710(e)(1)(G) and 1787A of title 38, United States Code (as added by subsections (a)(1) and (b)(1), respectively). ( ``(2) A veteran described in this paragraph is a veteran who, during active military, naval, air, or space service, served at a military installation at which individuals were exposed to perfluorooctanoic acid or other perfluoroalkyl and polyfluoroalkyl substances, including exposure through a well that provides water for human consumption that is contaminated with such substances. ``(c) Active Military, Naval, Air, or Space Service.--For purposes of this section, any service by a member of the reserve components for a period specified by the Secretary at a military installation described in subsection (a)(2) shall be treated as active military, naval, air, or space service, notwithstanding section 101(24) of this title.''. (

To amend title 38, United States Code, to furnish hospital care and medical services to veterans and dependents who were stationed at military installations at which those veterans and dependents were exposed to perfluorooctanoic acid or other perfluoroalkyl and polyfluoroalkyl substances, to provide for a presumption of service connection for certain veterans who were stationed at military installations at which those veterans were exposed to such substances, and for other purposes. 1350) is submitted to Congress, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives an annual report on the care and services provided under sections 1710(e)(1)(G) and 1787A of title 38, United States Code (as added by subsections (a)(1) and (b)(1), respectively). ( ``(2) A veteran described in this paragraph is a veteran who, during active military, naval, air, or space service, served at a military installation at which individuals were exposed to perfluorooctanoic acid or other perfluoroalkyl and polyfluoroalkyl substances, including exposure through a well that provides water for human consumption that is contaminated with such substances. ``(c) Active Military, Naval, Air, or Space Service.--For purposes of this section, any service by a member of the reserve components for a period specified by the Secretary at a military installation described in subsection (a)(2) shall be treated as active military, naval, air, or space service, notwithstanding section 101(24) of this title.''. (

To amend title 38, United States Code, to furnish hospital care and medical services to veterans and dependents who were stationed at military installations at which those veterans and dependents were exposed to perfluorooctanoic acid or other perfluoroalkyl and polyfluoroalkyl substances, to provide for a presumption of service connection for certain veterans who were stationed at military installations at which those veterans were exposed to such substances, and for other purposes. 1350) that a positive association exists between exposure to perfluoroalkyl and polyfluoroalkyl substances and such disease, illness, or condition. ``(iv) In this subparagraph, the term `covered military installation' means a military installation at which individuals were exposed to perfluorooctanoic acid or other perfluoroalkyl and polyfluoroalkyl substances, including exposure through a well that provides water for human consumption that is contaminated with such substances.''. ( ``(2) Hospital care and medical services may not be furnished under subsection (a) for a disease, illness, or condition of a family member that is found, in accordance with guidelines issued by the Under Secretary for Health, to have resulted from a cause other than the residence of the family member described in that subsection. ( 1350) is submitted to Congress, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives an annual report on the care and services provided under sections 1710(e)(1)(G) and 1787A of title 38, United States Code (as added by subsections (a)(1) and (b)(1), respectively). ( ``(2) A veteran described in this paragraph is a veteran who, during active military, naval, air, or space service, served at a military installation at which individuals were exposed to perfluorooctanoic acid or other perfluoroalkyl and polyfluoroalkyl substances, including exposure through a well that provides water for human consumption that is contaminated with such substances. ``(c) Active Military, Naval, Air, or Space Service.--For purposes of this section, any service by a member of the reserve components for a period specified by the Secretary at a military installation described in subsection (a)(2) shall be treated as active military, naval, air, or space service, notwithstanding section 101(24) of this title.''. (

Veterans Exposed to Toxic PFAS Act or the VET PAAS Act This bill directs the Department of Veterans Affairs (VA) to provide hospital care and medical services to veterans and dependents who were stationed at military installations at which they were exposed to perfluorooctanoic acid or other perfluoroalkyl and polyfluoroalkylene (PFAS This bill requires the Department of Veterans Affairs (VA) to report annually to Congress on the care and services provided to veterans and family members under provisions of the Veterans Health Administration (VHA) that provide hospital care and medical services for veterans who served in active military, naval, air, or space service at a military installation at which individuals were exposed to perfluorooct

H.R.9631

Crime and Law Enforcement

Preventing Deepfakes of Intimate Images Act This bill makes it a crime to intentionally disclose a digital depiction that has been altered using artificial intelligence or similar technology of an individual engaging in sexually explicit conduct.

To prohibit the disclosure of intimate digital depictions, and for other purposes. Be it enacted by the Senate 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 Deepfakes of Intimate Images Act''. SEC. 2. INTIMATE DIGITAL DEPICTIONS. The Violence Against Women Act Reauthorization Act of 2022 is amended by inserting after section 1309 the following: ``SEC. 1309A. DISCLOSURE OF INTIMATE DIGITAL DEPICTIONS. ``(a) Definitions.--In this section: ``(1) Consent.--The term `consent' has the meaning given such term in section 1309. ``(2) Depicted individual.--The term `depicted individual' means an individual who, as a result of digitization or by means of artificial intelligence or similar technology, appears in whole or in part in an intimate digital depiction and who is identifiable by virtue of the person's face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature, or from information displayed in connection with the digital depiction. ``(3) Digital depiction.--The term `digital depiction' means a realistic visual depiction, as that term is defined in section 2256(5) of title 18, United States Code, of an individual that has been created or altered using artificial intelligence or similar technology. ``(4) Disclose.--The term `disclose' has the meaning given such term in section 1309. ``(5) Intimate digital depiction.--The term `intimate digital depiction' means a digital depiction of an individual that has been created or altered using artificial intelligence or similar technology and that depicts-- ``(A) the uncovered genitals, pubic area, anus, or postpubescent female nipple of an identifiable individual; ``(B) the display or transfer of bodily sexual fluids-- ``(i) onto any part of the body of an identifiable individual; or ``(ii) from the body of an identifiable individual; or ``(C) an identifiable individual engaging in sexually explicit conduct. ``(6) Sexually explicit conduct.--The term `sexually explicit conduct' has the meaning given the term in subparagraphs (A) and (B) of section 2256(2) of title 18, United States Code. ``(b) Right of Action.-- ``(1) In general.--Except as provided in subsection (e), an individual who is the subject of an intimate digital depiction that is disclosed, in or affecting interstate or foreign commerce or using any means or facility of interstate or foreign commerce, without the consent of the individual, where such disclosure was made by a person who knows that, or recklessly disregards whether, the individual has not consented to such disclosure, may bring a civil action against that person in an appropriate district court of the United States for relief as set forth in subsection (d). ``(2) Rights on behalf of certain individuals.--In the case of an individual who have not attained 18 years of age or are incompetent, incapacitated, or deceased, the legal guardian of the individual or representative of the individual's estate, another family member, or any other person appointed as suitable by the court, may assume the individual's rights under this section, but in no event shall the defendant be named as such representative or guardian. ``(c) Consent.--For purposes of an action under subsection (b)-- ``(1) an individual's consent to the creation of the intimate digital depiction shall not establish that the person consented to its disclosure; and ``(2) consent shall be deemed validly given only if-- ``(A) it is set forth in an agreement written in plain language signed knowingly and voluntarily by the depicted individual; and ``(B) it includes a general description of the intimate digital depiction and, if applicable, the audiovisual work into which it will be incorporated. ``(d) Relief.-- ``(1) In general.-- ``(A) Damages.--In a civil action filed under this section, an individual may recover any of the following: ``(i) An amount equal to the monetary gain made by the defendant from the creation, development, or disclosure of the intimate digital depiction. ``(ii) Either of the following: ``(I) The actual damages sustained by the individual as a result of the intimate digital depiction, including damages for emotional distress. ``(II) Liquidated damages in the amount of $150,000. ``(iii) Punitive damages. ``(iv) The cost of the action, including reasonable attorney's fees and other litigation costs reasonably incurred. ``(B) Equitable relief.--In a civil action filed under this section, a court may, in addition to any other relief available at law, order equitable relief, including a temporary restraining order, a preliminary injunction, or a permanent injunction ordering the defendant to cease display or disclosure of the intimate digital depiction. ``(2) Preservation of anonymity.--In ordering relief under this subsection, the court may grant injunctive relief maintaining the confidentiality of a plaintiff using a pseudonym. ``(e) Exceptions.--An identifiable individual may not bring an action for relief under this section relating to-- ``(1) a disclosure made in good faith-- ``(A) to or by a law enforcement officer or agency in the course of reporting or investigating-- ``(i) unlawful activity; or ``(ii) unsolicited or unwelcome conduct; or ``(B) as part of a legal proceeding; ``(2) a matter of legitimate public concern or public interest, except that it shall not be considered a matter of legitimate public interest or public concern solely because the depicted individual is a public figure; or ``(3) a disclosure reasonably intended to assist the identifiable individual. ``(f) In Camera.--A court may authorize an in camera proceeding under this section. ``(g) Disclaimers.--It shall not be a defense to an action under this section that there is a disclaimer stating that the intimate digital depiction of the depicted individual was unauthorized or that the depicted individual did not participate in the creation or development of the material. ``(h) Limitations.--For purposes of this section, a provider of an interactive computer service shall not be held liable on account of-- ``(1) any action voluntarily taken in good faith to restrict access to or availability of intimate digital depictions; or ``(2) any action taken to enable or make available to information content providers or other persons the technical means to restrict access to intimate digital depictions.''. SEC. 3. CRIMINAL ACTION. (a) In General.--Chapter 110 of title 18, United States Code, is amended by inserting after section 2252C the following: ``Sec. 2252D. Intimate digital depictions ``(a) Offense.--Whoever, in or affecting interstate or foreign commerce, discloses or threatens to disclose an intimate digital depiction-- ``(1) with the intent to harass, annoy, threaten, alarm, or cause substantial harm to the finances or reputation of the depicted individual; or ``(2) with actual knowledge that, or reckless disregard for whether, such disclosure or threatened disclosure will cause physical, emotional, reputational, or economic harm to the depicted individual, shall be punished as provided under subsection (b). ``(b) Penalty.--Any person who commits an offense under subsection (a) shall be-- ``(1) fined under this title, imprisoned for not more than 2 years, or both; or ``(2) fined under this title, imprisoned for not more than 10 years, or both, in the case of a violation in which the creation, reproduction, or distribution of the intimate digital depiction could be reasonably expected to-- ``(A) affect the conduct of any administrative, legislative, or judicial proceeding of a Federal, State, local, or Tribal government agency, including the administration of an election or the conduct of foreign relations; or ``(B) facilitate violence. ``(c) Disclaimers.--It shall not be a defense to an action under this section that there is a disclaimer stating that the intimate digital depiction of the depicted individual was unauthorized or that the depicted individual did not participate in the creation or development of the material. ``(d) Limitations.--For purposes of this section, a provider of an interactive computer service shall not be held liable on account of-- ``(1) any action voluntarily taken in good faith to restrict access to or availability of intimate digital depictions; or ``(2) any action taken to enable or make available to information content providers or other persons the technical means to restrict access to intimate digital depictions. ``(e) Definitions.--In this section: ``(1) Consent.--The term `consent' has the meaning given such term in section 1309 of the Violence Against Women Act Reauthorization Act of 2022. ``(2) Depicted individual.--The term `depicted individual' means an individual who, as a result of digitization or by means of artificial intelligence or similar technology, appears in whole or in part in an intimate digital depiction and who is identifiable by virtue of the person's face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature, or from information displayed in connection with the digital depiction. ``(3) Digital depiction.--The term `digital depiction' means a realistic visual depiction, as that term is defined in section 2256(5), of an individual that has been created or altered using artificial intelligence or similar technology. ``(4) Disclose.--The term `disclose' has the meaning given such term in section 1309 of the Violence Against Women Act Reauthorization Act of 2022. ``(5) Intimate digital depiction.--The term `intimate digital depiction' means a digital depiction of an individual that has been created or altered using artificial intelligence or similar technology and that depicts-- ``(A) the uncovered genitals, pubic area, anus, or postpubescent female nipple of an identifiable individual; ``(B) the display or transfer of bodily sexual fluids-- ``(i) onto any part of the body of an identifiable individual; or ``(ii) from the body of an identifiable individual; or ``(C) an identifiable individual engaging in sexually explicit conduct. ``(6) Sexually explicit conduct.--The term `sexually explicit conduct' has the meaning given the term in subparagraphs (A) and (B) of section 2256(2).''. (b) Clerical Amendment.--The table of sections for chapter 110 of title 18, United States Code is amended by inserting after the item relating to section 2252C the following new item: ``2252D. Intimate digital depictions.''. <all>

Preventing Deepfakes of Intimate Images Act

To prohibit the disclosure of intimate digital depictions, and for other purposes.

Preventing Deepfakes of Intimate Images Act

Rep. Morelle, Joseph D.

D

NY

This bill makes it a crime to intentionally disclose a digital depiction that has been altered using artificial intelligence or similar technology of an individual engaging in sexually explicit conduct.

This Act may be cited as the ``Preventing Deepfakes of Intimate Images Act''. 2. INTIMATE DIGITAL DEPICTIONS. The Violence Against Women Act Reauthorization Act of 2022 is amended by inserting after section 1309 the following: ``SEC. DISCLOSURE OF INTIMATE DIGITAL DEPICTIONS. ``(a) Definitions.--In this section: ``(1) Consent.--The term `consent' has the meaning given such term in section 1309. ``(4) Disclose.--The term `disclose' has the meaning given such term in section 1309. ``(6) Sexually explicit conduct.--The term `sexually explicit conduct' has the meaning given the term in subparagraphs (A) and (B) of section 2256(2) of title 18, United States Code. ``(iii) Punitive damages. ``(iv) The cost of the action, including reasonable attorney's fees and other litigation costs reasonably incurred. ``(2) Preservation of anonymity.--In ordering relief under this subsection, the court may grant injunctive relief maintaining the confidentiality of a plaintiff using a pseudonym. ``(e) Exceptions.--An identifiable individual may not bring an action for relief under this section relating to-- ``(1) a disclosure made in good faith-- ``(A) to or by a law enforcement officer or agency in the course of reporting or investigating-- ``(i) unlawful activity; or ``(ii) unsolicited or unwelcome conduct; or ``(B) as part of a legal proceeding; ``(2) a matter of legitimate public concern or public interest, except that it shall not be considered a matter of legitimate public interest or public concern solely because the depicted individual is a public figure; or ``(3) a disclosure reasonably intended to assist the identifiable individual. SEC. 3. 2252D. ``(c) Disclaimers.--It shall not be a defense to an action under this section that there is a disclaimer stating that the intimate digital depiction of the depicted individual was unauthorized or that the depicted individual did not participate in the creation or development of the material. ``(d) Limitations.--For purposes of this section, a provider of an interactive computer service shall not be held liable on account of-- ``(1) any action voluntarily taken in good faith to restrict access to or availability of intimate digital depictions; or ``(2) any action taken to enable or make available to information content providers or other persons the technical means to restrict access to intimate digital depictions. ``(5) Intimate digital depiction.--The term `intimate digital depiction' means a digital depiction of an individual that has been created or altered using artificial intelligence or similar technology and that depicts-- ``(A) the uncovered genitals, pubic area, anus, or postpubescent female nipple of an identifiable individual; ``(B) the display or transfer of bodily sexual fluids-- ``(i) onto any part of the body of an identifiable individual; or ``(ii) from the body of an identifiable individual; or ``(C) an identifiable individual engaging in sexually explicit conduct.

This Act may be cited as the ``Preventing Deepfakes of Intimate Images Act''. 2. INTIMATE DIGITAL DEPICTIONS. The Violence Against Women Act Reauthorization Act of 2022 is amended by inserting after section 1309 the following: ``SEC. DISCLOSURE OF INTIMATE DIGITAL DEPICTIONS. ``(a) Definitions.--In this section: ``(1) Consent.--The term `consent' has the meaning given such term in section 1309. ``(4) Disclose.--The term `disclose' has the meaning given such term in section 1309. ``(6) Sexually explicit conduct.--The term `sexually explicit conduct' has the meaning given the term in subparagraphs (A) and (B) of section 2256(2) of title 18, United States Code. ``(iii) Punitive damages. ``(iv) The cost of the action, including reasonable attorney's fees and other litigation costs reasonably incurred. ``(2) Preservation of anonymity.--In ordering relief under this subsection, the court may grant injunctive relief maintaining the confidentiality of a plaintiff using a pseudonym. SEC. 3. 2252D. ``(c) Disclaimers.--It shall not be a defense to an action under this section that there is a disclaimer stating that the intimate digital depiction of the depicted individual was unauthorized or that the depicted individual did not participate in the creation or development of the material. ``(d) Limitations.--For purposes of this section, a provider of an interactive computer service shall not be held liable on account of-- ``(1) any action voluntarily taken in good faith to restrict access to or availability of intimate digital depictions; or ``(2) any action taken to enable or make available to information content providers or other persons the technical means to restrict access to intimate digital depictions. ``(5) Intimate digital depiction.--The term `intimate digital depiction' means a digital depiction of an individual that has been created or altered using artificial intelligence or similar technology and that depicts-- ``(A) the uncovered genitals, pubic area, anus, or postpubescent female nipple of an identifiable individual; ``(B) the display or transfer of bodily sexual fluids-- ``(i) onto any part of the body of an identifiable individual; or ``(ii) from the body of an identifiable individual; or ``(C) an identifiable individual engaging in sexually explicit conduct.

This Act may be cited as the ``Preventing Deepfakes of Intimate Images Act''. 2. INTIMATE DIGITAL DEPICTIONS. The Violence Against Women Act Reauthorization Act of 2022 is amended by inserting after section 1309 the following: ``SEC. 1309A. DISCLOSURE OF INTIMATE DIGITAL DEPICTIONS. ``(a) Definitions.--In this section: ``(1) Consent.--The term `consent' has the meaning given such term in section 1309. ``(4) Disclose.--The term `disclose' has the meaning given such term in section 1309. ``(6) Sexually explicit conduct.--The term `sexually explicit conduct' has the meaning given the term in subparagraphs (A) and (B) of section 2256(2) of title 18, United States Code. ``(2) Rights on behalf of certain individuals.--In the case of an individual who have not attained 18 years of age or are incompetent, incapacitated, or deceased, the legal guardian of the individual or representative of the individual's estate, another family member, or any other person appointed as suitable by the court, may assume the individual's rights under this section, but in no event shall the defendant be named as such representative or guardian. ``(II) Liquidated damages in the amount of $150,000. ``(iii) Punitive damages. ``(iv) The cost of the action, including reasonable attorney's fees and other litigation costs reasonably incurred. ``(2) Preservation of anonymity.--In ordering relief under this subsection, the court may grant injunctive relief maintaining the confidentiality of a plaintiff using a pseudonym. ``(e) Exceptions.--An identifiable individual may not bring an action for relief under this section relating to-- ``(1) a disclosure made in good faith-- ``(A) to or by a law enforcement officer or agency in the course of reporting or investigating-- ``(i) unlawful activity; or ``(ii) unsolicited or unwelcome conduct; or ``(B) as part of a legal proceeding; ``(2) a matter of legitimate public concern or public interest, except that it shall not be considered a matter of legitimate public interest or public concern solely because the depicted individual is a public figure; or ``(3) a disclosure reasonably intended to assist the identifiable individual. ``(f) In Camera.--A court may authorize an in camera proceeding under this section. SEC. 3. (a) In General.--Chapter 110 of title 18, United States Code, is amended by inserting after section 2252C the following: ``Sec. 2252D. Intimate digital depictions ``(a) Offense.--Whoever, in or affecting interstate or foreign commerce, discloses or threatens to disclose an intimate digital depiction-- ``(1) with the intent to harass, annoy, threaten, alarm, or cause substantial harm to the finances or reputation of the depicted individual; or ``(2) with actual knowledge that, or reckless disregard for whether, such disclosure or threatened disclosure will cause physical, emotional, reputational, or economic harm to the depicted individual, shall be punished as provided under subsection (b). ``(c) Disclaimers.--It shall not be a defense to an action under this section that there is a disclaimer stating that the intimate digital depiction of the depicted individual was unauthorized or that the depicted individual did not participate in the creation or development of the material. ``(d) Limitations.--For purposes of this section, a provider of an interactive computer service shall not be held liable on account of-- ``(1) any action voluntarily taken in good faith to restrict access to or availability of intimate digital depictions; or ``(2) any action taken to enable or make available to information content providers or other persons the technical means to restrict access to intimate digital depictions. ``(2) Depicted individual.--The term `depicted individual' means an individual who, as a result of digitization or by means of artificial intelligence or similar technology, appears in whole or in part in an intimate digital depiction and who is identifiable by virtue of the person's face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature, or from information displayed in connection with the digital depiction. ``(5) Intimate digital depiction.--The term `intimate digital depiction' means a digital depiction of an individual that has been created or altered using artificial intelligence or similar technology and that depicts-- ``(A) the uncovered genitals, pubic area, anus, or postpubescent female nipple of an identifiable individual; ``(B) the display or transfer of bodily sexual fluids-- ``(i) onto any part of the body of an identifiable individual; or ``(ii) from the body of an identifiable individual; or ``(C) an identifiable individual engaging in sexually explicit conduct.

Be it enacted by the Senate 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 Deepfakes of Intimate Images Act''. 2. INTIMATE DIGITAL DEPICTIONS. The Violence Against Women Act Reauthorization Act of 2022 is amended by inserting after section 1309 the following: ``SEC. 1309A. DISCLOSURE OF INTIMATE DIGITAL DEPICTIONS. ``(a) Definitions.--In this section: ``(1) Consent.--The term `consent' has the meaning given such term in section 1309. ``(4) Disclose.--The term `disclose' has the meaning given such term in section 1309. ``(6) Sexually explicit conduct.--The term `sexually explicit conduct' has the meaning given the term in subparagraphs (A) and (B) of section 2256(2) of title 18, United States Code. ``(2) Rights on behalf of certain individuals.--In the case of an individual who have not attained 18 years of age or are incompetent, incapacitated, or deceased, the legal guardian of the individual or representative of the individual's estate, another family member, or any other person appointed as suitable by the court, may assume the individual's rights under this section, but in no event shall the defendant be named as such representative or guardian. ``(c) Consent.--For purposes of an action under subsection (b)-- ``(1) an individual's consent to the creation of the intimate digital depiction shall not establish that the person consented to its disclosure; and ``(2) consent shall be deemed validly given only if-- ``(A) it is set forth in an agreement written in plain language signed knowingly and voluntarily by the depicted individual; and ``(B) it includes a general description of the intimate digital depiction and, if applicable, the audiovisual work into which it will be incorporated. ``(II) Liquidated damages in the amount of $150,000. ``(iii) Punitive damages. ``(iv) The cost of the action, including reasonable attorney's fees and other litigation costs reasonably incurred. ``(B) Equitable relief.--In a civil action filed under this section, a court may, in addition to any other relief available at law, order equitable relief, including a temporary restraining order, a preliminary injunction, or a permanent injunction ordering the defendant to cease display or disclosure of the intimate digital depiction. ``(2) Preservation of anonymity.--In ordering relief under this subsection, the court may grant injunctive relief maintaining the confidentiality of a plaintiff using a pseudonym. ``(e) Exceptions.--An identifiable individual may not bring an action for relief under this section relating to-- ``(1) a disclosure made in good faith-- ``(A) to or by a law enforcement officer or agency in the course of reporting or investigating-- ``(i) unlawful activity; or ``(ii) unsolicited or unwelcome conduct; or ``(B) as part of a legal proceeding; ``(2) a matter of legitimate public concern or public interest, except that it shall not be considered a matter of legitimate public interest or public concern solely because the depicted individual is a public figure; or ``(3) a disclosure reasonably intended to assist the identifiable individual. ``(f) In Camera.--A court may authorize an in camera proceeding under this section. SEC. 3. CRIMINAL ACTION. (a) In General.--Chapter 110 of title 18, United States Code, is amended by inserting after section 2252C the following: ``Sec. 2252D. Intimate digital depictions ``(a) Offense.--Whoever, in or affecting interstate or foreign commerce, discloses or threatens to disclose an intimate digital depiction-- ``(1) with the intent to harass, annoy, threaten, alarm, or cause substantial harm to the finances or reputation of the depicted individual; or ``(2) with actual knowledge that, or reckless disregard for whether, such disclosure or threatened disclosure will cause physical, emotional, reputational, or economic harm to the depicted individual, shall be punished as provided under subsection (b). ``(b) Penalty.--Any person who commits an offense under subsection (a) shall be-- ``(1) fined under this title, imprisoned for not more than 2 years, or both; or ``(2) fined under this title, imprisoned for not more than 10 years, or both, in the case of a violation in which the creation, reproduction, or distribution of the intimate digital depiction could be reasonably expected to-- ``(A) affect the conduct of any administrative, legislative, or judicial proceeding of a Federal, State, local, or Tribal government agency, including the administration of an election or the conduct of foreign relations; or ``(B) facilitate violence. ``(c) Disclaimers.--It shall not be a defense to an action under this section that there is a disclaimer stating that the intimate digital depiction of the depicted individual was unauthorized or that the depicted individual did not participate in the creation or development of the material. ``(d) Limitations.--For purposes of this section, a provider of an interactive computer service shall not be held liable on account of-- ``(1) any action voluntarily taken in good faith to restrict access to or availability of intimate digital depictions; or ``(2) any action taken to enable or make available to information content providers or other persons the technical means to restrict access to intimate digital depictions. ``(2) Depicted individual.--The term `depicted individual' means an individual who, as a result of digitization or by means of artificial intelligence or similar technology, appears in whole or in part in an intimate digital depiction and who is identifiable by virtue of the person's face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature, or from information displayed in connection with the digital depiction. ``(5) Intimate digital depiction.--The term `intimate digital depiction' means a digital depiction of an individual that has been created or altered using artificial intelligence or similar technology and that depicts-- ``(A) the uncovered genitals, pubic area, anus, or postpubescent female nipple of an identifiable individual; ``(B) the display or transfer of bodily sexual fluids-- ``(i) onto any part of the body of an identifiable individual; or ``(ii) from the body of an identifiable individual; or ``(C) an identifiable individual engaging in sexually explicit conduct.

To prohibit the disclosure of intimate digital depictions, and for other purposes. ``(3) Digital depiction.--The term `digital depiction' means a realistic visual depiction, as that term is defined in section 2256(5) of title 18, United States Code, of an individual that has been created or altered using artificial intelligence or similar technology. ``(5) Intimate digital depiction.--The term `intimate digital depiction' means a digital depiction of an individual that has been created or altered using artificial intelligence or similar technology and that depicts-- ``(A) the uncovered genitals, pubic area, anus, or postpubescent female nipple of an identifiable individual; ``(B) the display or transfer of bodily sexual fluids-- ``(i) onto any part of the body of an identifiable individual; or ``(ii) from the body of an identifiable individual; or ``(C) an identifiable individual engaging in sexually explicit conduct. ``(6) Sexually explicit conduct.--The term `sexually explicit conduct' has the meaning given the term in subparagraphs (A) and (B) of section 2256(2) of title 18, United States Code. ``(2) Rights on behalf of certain individuals.--In the case of an individual who have not attained 18 years of age or are incompetent, incapacitated, or deceased, the legal guardian of the individual or representative of the individual's estate, another family member, or any other person appointed as suitable by the court, may assume the individual's rights under this section, but in no event shall the defendant be named as such representative or guardian. ``(II) Liquidated damages in the amount of $150,000. ``(iv) The cost of the action, including reasonable attorney's fees and other litigation costs reasonably incurred. ``(B) Equitable relief.--In a civil action filed under this section, a court may, in addition to any other relief available at law, order equitable relief, including a temporary restraining order, a preliminary injunction, or a permanent injunction ordering the defendant to cease display or disclosure of the intimate digital depiction. ``(g) Disclaimers.--It shall not be a defense to an action under this section that there is a disclaimer stating that the intimate digital depiction of the depicted individual was unauthorized or that the depicted individual did not participate in the creation or development of the material. 2252D. Intimate digital depictions ``(a) Offense.--Whoever, in or affecting interstate or foreign commerce, discloses or threatens to disclose an intimate digital depiction-- ``(1) with the intent to harass, annoy, threaten, alarm, or cause substantial harm to the finances or reputation of the depicted individual; or ``(2) with actual knowledge that, or reckless disregard for whether, such disclosure or threatened disclosure will cause physical, emotional, reputational, or economic harm to the depicted individual, shall be punished as provided under subsection (b). ``(c) Disclaimers.--It shall not be a defense to an action under this section that there is a disclaimer stating that the intimate digital depiction of the depicted individual was unauthorized or that the depicted individual did not participate in the creation or development of the material. ``(d) Limitations.--For purposes of this section, a provider of an interactive computer service shall not be held liable on account of-- ``(1) any action voluntarily taken in good faith to restrict access to or availability of intimate digital depictions; or ``(2) any action taken to enable or make available to information content providers or other persons the technical means to restrict access to intimate digital depictions. ``(2) Depicted individual.--The term `depicted individual' means an individual who, as a result of digitization or by means of artificial intelligence or similar technology, appears in whole or in part in an intimate digital depiction and who is identifiable by virtue of the person's face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature, or from information displayed in connection with the digital depiction. ``(3) Digital depiction.--The term `digital depiction' means a realistic visual depiction, as that term is defined in section 2256(5), of an individual that has been created or altered using artificial intelligence or similar technology. (b) Clerical Amendment.--The table of sections for chapter 110 of title 18, United States Code is amended by inserting after the item relating to section 2252C the following new item: ``2252D. Intimate digital depictions.''.

To prohibit the disclosure of intimate digital depictions, and for other purposes. ``(a) Definitions.--In this section: ``(1) Consent.--The term `consent' has the meaning given such term in section 1309. ``(3) Digital depiction.--The term `digital depiction' means a realistic visual depiction, as that term is defined in section 2256(5) of title 18, United States Code, of an individual that has been created or altered using artificial intelligence or similar technology. ``(2) Rights on behalf of certain individuals.--In the case of an individual who have not attained 18 years of age or are incompetent, incapacitated, or deceased, the legal guardian of the individual or representative of the individual's estate, another family member, or any other person appointed as suitable by the court, may assume the individual's rights under this section, but in no event shall the defendant be named as such representative or guardian. ``(II) Liquidated damages in the amount of $150,000. ``(B) Equitable relief.--In a civil action filed under this section, a court may, in addition to any other relief available at law, order equitable relief, including a temporary restraining order, a preliminary injunction, or a permanent injunction ordering the defendant to cease display or disclosure of the intimate digital depiction. ``(h) Limitations.--For purposes of this section, a provider of an interactive computer service shall not be held liable on account of-- ``(1) any action voluntarily taken in good faith to restrict access to or availability of intimate digital depictions; or ``(2) any action taken to enable or make available to information content providers or other persons the technical means to restrict access to intimate digital depictions.''. Intimate digital depictions ``(a) Offense.--Whoever, in or affecting interstate or foreign commerce, discloses or threatens to disclose an intimate digital depiction-- ``(1) with the intent to harass, annoy, threaten, alarm, or cause substantial harm to the finances or reputation of the depicted individual; or ``(2) with actual knowledge that, or reckless disregard for whether, such disclosure or threatened disclosure will cause physical, emotional, reputational, or economic harm to the depicted individual, shall be punished as provided under subsection (b). ``(d) Limitations.--For purposes of this section, a provider of an interactive computer service shall not be held liable on account of-- ``(1) any action voluntarily taken in good faith to restrict access to or availability of intimate digital depictions; or ``(2) any action taken to enable or make available to information content providers or other persons the technical means to restrict access to intimate digital depictions. ``(2) Depicted individual.--The term `depicted individual' means an individual who, as a result of digitization or by means of artificial intelligence or similar technology, appears in whole or in part in an intimate digital depiction and who is identifiable by virtue of the person's face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature, or from information displayed in connection with the digital depiction. ``(3) Digital depiction.--The term `digital depiction' means a realistic visual depiction, as that term is defined in section 2256(5), of an individual that has been created or altered using artificial intelligence or similar technology.

To prohibit the disclosure of intimate digital depictions, and for other purposes. ``(a) Definitions.--In this section: ``(1) Consent.--The term `consent' has the meaning given such term in section 1309. ``(3) Digital depiction.--The term `digital depiction' means a realistic visual depiction, as that term is defined in section 2256(5) of title 18, United States Code, of an individual that has been created or altered using artificial intelligence or similar technology. ``(2) Rights on behalf of certain individuals.--In the case of an individual who have not attained 18 years of age or are incompetent, incapacitated, or deceased, the legal guardian of the individual or representative of the individual's estate, another family member, or any other person appointed as suitable by the court, may assume the individual's rights under this section, but in no event shall the defendant be named as such representative or guardian. ``(II) Liquidated damages in the amount of $150,000. ``(B) Equitable relief.--In a civil action filed under this section, a court may, in addition to any other relief available at law, order equitable relief, including a temporary restraining order, a preliminary injunction, or a permanent injunction ordering the defendant to cease display or disclosure of the intimate digital depiction. ``(h) Limitations.--For purposes of this section, a provider of an interactive computer service shall not be held liable on account of-- ``(1) any action voluntarily taken in good faith to restrict access to or availability of intimate digital depictions; or ``(2) any action taken to enable or make available to information content providers or other persons the technical means to restrict access to intimate digital depictions.''. Intimate digital depictions ``(a) Offense.--Whoever, in or affecting interstate or foreign commerce, discloses or threatens to disclose an intimate digital depiction-- ``(1) with the intent to harass, annoy, threaten, alarm, or cause substantial harm to the finances or reputation of the depicted individual; or ``(2) with actual knowledge that, or reckless disregard for whether, such disclosure or threatened disclosure will cause physical, emotional, reputational, or economic harm to the depicted individual, shall be punished as provided under subsection (b). ``(d) Limitations.--For purposes of this section, a provider of an interactive computer service shall not be held liable on account of-- ``(1) any action voluntarily taken in good faith to restrict access to or availability of intimate digital depictions; or ``(2) any action taken to enable or make available to information content providers or other persons the technical means to restrict access to intimate digital depictions. ``(2) Depicted individual.--The term `depicted individual' means an individual who, as a result of digitization or by means of artificial intelligence or similar technology, appears in whole or in part in an intimate digital depiction and who is identifiable by virtue of the person's face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature, or from information displayed in connection with the digital depiction. ``(3) Digital depiction.--The term `digital depiction' means a realistic visual depiction, as that term is defined in section 2256(5), of an individual that has been created or altered using artificial intelligence or similar technology.

To prohibit the disclosure of intimate digital depictions, and for other purposes. ``(3) Digital depiction.--The term `digital depiction' means a realistic visual depiction, as that term is defined in section 2256(5) of title 18, United States Code, of an individual that has been created or altered using artificial intelligence or similar technology. ``(5) Intimate digital depiction.--The term `intimate digital depiction' means a digital depiction of an individual that has been created or altered using artificial intelligence or similar technology and that depicts-- ``(A) the uncovered genitals, pubic area, anus, or postpubescent female nipple of an identifiable individual; ``(B) the display or transfer of bodily sexual fluids-- ``(i) onto any part of the body of an identifiable individual; or ``(ii) from the body of an identifiable individual; or ``(C) an identifiable individual engaging in sexually explicit conduct. ``(6) Sexually explicit conduct.--The term `sexually explicit conduct' has the meaning given the term in subparagraphs (A) and (B) of section 2256(2) of title 18, United States Code. ``(2) Rights on behalf of certain individuals.--In the case of an individual who have not attained 18 years of age or are incompetent, incapacitated, or deceased, the legal guardian of the individual or representative of the individual's estate, another family member, or any other person appointed as suitable by the court, may assume the individual's rights under this section, but in no event shall the defendant be named as such representative or guardian. ``(II) Liquidated damages in the amount of $150,000. ``(iv) The cost of the action, including reasonable attorney's fees and other litigation costs reasonably incurred. ``(B) Equitable relief.--In a civil action filed under this section, a court may, in addition to any other relief available at law, order equitable relief, including a temporary restraining order, a preliminary injunction, or a permanent injunction ordering the defendant to cease display or disclosure of the intimate digital depiction. ``(g) Disclaimers.--It shall not be a defense to an action under this section that there is a disclaimer stating that the intimate digital depiction of the depicted individual was unauthorized or that the depicted individual did not participate in the creation or development of the material. 2252D. Intimate digital depictions ``(a) Offense.--Whoever, in or affecting interstate or foreign commerce, discloses or threatens to disclose an intimate digital depiction-- ``(1) with the intent to harass, annoy, threaten, alarm, or cause substantial harm to the finances or reputation of the depicted individual; or ``(2) with actual knowledge that, or reckless disregard for whether, such disclosure or threatened disclosure will cause physical, emotional, reputational, or economic harm to the depicted individual, shall be punished as provided under subsection (b). ``(c) Disclaimers.--It shall not be a defense to an action under this section that there is a disclaimer stating that the intimate digital depiction of the depicted individual was unauthorized or that the depicted individual did not participate in the creation or development of the material. ``(d) Limitations.--For purposes of this section, a provider of an interactive computer service shall not be held liable on account of-- ``(1) any action voluntarily taken in good faith to restrict access to or availability of intimate digital depictions; or ``(2) any action taken to enable or make available to information content providers or other persons the technical means to restrict access to intimate digital depictions. ``(2) Depicted individual.--The term `depicted individual' means an individual who, as a result of digitization or by means of artificial intelligence or similar technology, appears in whole or in part in an intimate digital depiction and who is identifiable by virtue of the person's face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature, or from information displayed in connection with the digital depiction. ``(3) Digital depiction.--The term `digital depiction' means a realistic visual depiction, as that term is defined in section 2256(5), of an individual that has been created or altered using artificial intelligence or similar technology. (b) Clerical Amendment.--The table of sections for chapter 110 of title 18, United States Code is amended by inserting after the item relating to section 2252C the following new item: ``2252D. Intimate digital depictions.''.

To prohibit the disclosure of intimate digital depictions, and for other purposes. ``(a) Definitions.--In this section: ``(1) Consent.--The term `consent' has the meaning given such term in section 1309. ``(3) Digital depiction.--The term `digital depiction' means a realistic visual depiction, as that term is defined in section 2256(5) of title 18, United States Code, of an individual that has been created or altered using artificial intelligence or similar technology. ``(2) Rights on behalf of certain individuals.--In the case of an individual who have not attained 18 years of age or are incompetent, incapacitated, or deceased, the legal guardian of the individual or representative of the individual's estate, another family member, or any other person appointed as suitable by the court, may assume the individual's rights under this section, but in no event shall the defendant be named as such representative or guardian. ``(II) Liquidated damages in the amount of $150,000. ``(B) Equitable relief.--In a civil action filed under this section, a court may, in addition to any other relief available at law, order equitable relief, including a temporary restraining order, a preliminary injunction, or a permanent injunction ordering the defendant to cease display or disclosure of the intimate digital depiction. ``(h) Limitations.--For purposes of this section, a provider of an interactive computer service shall not be held liable on account of-- ``(1) any action voluntarily taken in good faith to restrict access to or availability of intimate digital depictions; or ``(2) any action taken to enable or make available to information content providers or other persons the technical means to restrict access to intimate digital depictions.''. Intimate digital depictions ``(a) Offense.--Whoever, in or affecting interstate or foreign commerce, discloses or threatens to disclose an intimate digital depiction-- ``(1) with the intent to harass, annoy, threaten, alarm, or cause substantial harm to the finances or reputation of the depicted individual; or ``(2) with actual knowledge that, or reckless disregard for whether, such disclosure or threatened disclosure will cause physical, emotional, reputational, or economic harm to the depicted individual, shall be punished as provided under subsection (b). ``(d) Limitations.--For purposes of this section, a provider of an interactive computer service shall not be held liable on account of-- ``(1) any action voluntarily taken in good faith to restrict access to or availability of intimate digital depictions; or ``(2) any action taken to enable or make available to information content providers or other persons the technical means to restrict access to intimate digital depictions. ``(2) Depicted individual.--The term `depicted individual' means an individual who, as a result of digitization or by means of artificial intelligence or similar technology, appears in whole or in part in an intimate digital depiction and who is identifiable by virtue of the person's face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature, or from information displayed in connection with the digital depiction. ``(3) Digital depiction.--The term `digital depiction' means a realistic visual depiction, as that term is defined in section 2256(5), of an individual that has been created or altered using artificial intelligence or similar technology.

To prohibit the disclosure of intimate digital depictions, and for other purposes. ``(3) Digital depiction.--The term `digital depiction' means a realistic visual depiction, as that term is defined in section 2256(5) of title 18, United States Code, of an individual that has been created or altered using artificial intelligence or similar technology. ``(5) Intimate digital depiction.--The term `intimate digital depiction' means a digital depiction of an individual that has been created or altered using artificial intelligence or similar technology and that depicts-- ``(A) the uncovered genitals, pubic area, anus, or postpubescent female nipple of an identifiable individual; ``(B) the display or transfer of bodily sexual fluids-- ``(i) onto any part of the body of an identifiable individual; or ``(ii) from the body of an identifiable individual; or ``(C) an identifiable individual engaging in sexually explicit conduct. ``(6) Sexually explicit conduct.--The term `sexually explicit conduct' has the meaning given the term in subparagraphs (A) and (B) of section 2256(2) of title 18, United States Code. ``(2) Rights on behalf of certain individuals.--In the case of an individual who have not attained 18 years of age or are incompetent, incapacitated, or deceased, the legal guardian of the individual or representative of the individual's estate, another family member, or any other person appointed as suitable by the court, may assume the individual's rights under this section, but in no event shall the defendant be named as such representative or guardian. ``(II) Liquidated damages in the amount of $150,000. ``(iv) The cost of the action, including reasonable attorney's fees and other litigation costs reasonably incurred. ``(B) Equitable relief.--In a civil action filed under this section, a court may, in addition to any other relief available at law, order equitable relief, including a temporary restraining order, a preliminary injunction, or a permanent injunction ordering the defendant to cease display or disclosure of the intimate digital depiction. ``(g) Disclaimers.--It shall not be a defense to an action under this section that there is a disclaimer stating that the intimate digital depiction of the depicted individual was unauthorized or that the depicted individual did not participate in the creation or development of the material. 2252D. Intimate digital depictions ``(a) Offense.--Whoever, in or affecting interstate or foreign commerce, discloses or threatens to disclose an intimate digital depiction-- ``(1) with the intent to harass, annoy, threaten, alarm, or cause substantial harm to the finances or reputation of the depicted individual; or ``(2) with actual knowledge that, or reckless disregard for whether, such disclosure or threatened disclosure will cause physical, emotional, reputational, or economic harm to the depicted individual, shall be punished as provided under subsection (b). ``(c) Disclaimers.--It shall not be a defense to an action under this section that there is a disclaimer stating that the intimate digital depiction of the depicted individual was unauthorized or that the depicted individual did not participate in the creation or development of the material. ``(d) Limitations.--For purposes of this section, a provider of an interactive computer service shall not be held liable on account of-- ``(1) any action voluntarily taken in good faith to restrict access to or availability of intimate digital depictions; or ``(2) any action taken to enable or make available to information content providers or other persons the technical means to restrict access to intimate digital depictions. ``(2) Depicted individual.--The term `depicted individual' means an individual who, as a result of digitization or by means of artificial intelligence or similar technology, appears in whole or in part in an intimate digital depiction and who is identifiable by virtue of the person's face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature, or from information displayed in connection with the digital depiction. ``(3) Digital depiction.--The term `digital depiction' means a realistic visual depiction, as that term is defined in section 2256(5), of an individual that has been created or altered using artificial intelligence or similar technology. (b) Clerical Amendment.--The table of sections for chapter 110 of title 18, United States Code is amended by inserting after the item relating to section 2252C the following new item: ``2252D. Intimate digital depictions.''.

To prohibit the disclosure of intimate digital depictions, and for other purposes. ``(3) Digital depiction.--The term `digital depiction' means a realistic visual depiction, as that term is defined in section 2256(5) of title 18, United States Code, of an individual that has been created or altered using artificial intelligence or similar technology. ``(d) Limitations.--For purposes of this section, a provider of an interactive computer service shall not be held liable on account of-- ``(1) any action voluntarily taken in good faith to restrict access to or availability of intimate digital depictions; or ``(2) any action taken to enable or make available to information content providers or other persons the technical means to restrict access to intimate digital depictions. ``(2) Depicted individual.--The term `depicted individual' means an individual who, as a result of digitization or by means of artificial intelligence or similar technology, appears in whole or in part in an intimate digital depiction and who is identifiable by virtue of the person's face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature, or from information displayed in connection with the digital depiction.

To prohibit the disclosure of intimate digital depictions, and for other purposes. ``(3) Digital depiction.--The term `digital depiction' means a realistic visual depiction, as that term is defined in section 2256(5) of title 18, United States Code, of an individual that has been created or altered using artificial intelligence or similar technology. ``(II) Liquidated damages in the amount of $150,000. ``(B) Equitable relief.--In a civil action filed under this section, a court may, in addition to any other relief available at law, order equitable relief, including a temporary restraining order, a preliminary injunction, or a permanent injunction ordering the defendant to cease display or disclosure of the intimate digital depiction. ``(c) Disclaimers.--It shall not be a defense to an action under this section that there is a disclaimer stating that the intimate digital depiction of the depicted individual was unauthorized or that the depicted individual did not participate in the creation or development of the material. ``(3) Digital depiction.--The term `digital depiction' means a realistic visual depiction, as that term is defined in section 2256(5), of an individual that has been created or altered using artificial intelligence or similar technology. (b) Clerical Amendment.--The table of sections for chapter 110 of title 18, United States Code is amended by inserting after the item relating to section 2252C the following new item: ``2252D. Intimate digital depictions. ''.

To prohibit the disclosure of intimate digital depictions, and for other purposes. ``(3) Digital depiction.--The term `digital depiction' means a realistic visual depiction, as that term is defined in section 2256(5) of title 18, United States Code, of an individual that has been created or altered using artificial intelligence or similar technology. ``(d) Limitations.--For purposes of this section, a provider of an interactive computer service shall not be held liable on account of-- ``(1) any action voluntarily taken in good faith to restrict access to or availability of intimate digital depictions; or ``(2) any action taken to enable or make available to information content providers or other persons the technical means to restrict access to intimate digital depictions. ``(2) Depicted individual.--The term `depicted individual' means an individual who, as a result of digitization or by means of artificial intelligence or similar technology, appears in whole or in part in an intimate digital depiction and who is identifiable by virtue of the person's face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature, or from information displayed in connection with the digital depiction.

To prohibit the disclosure of intimate digital depictions, and for other purposes. ``(3) Digital depiction.--The term `digital depiction' means a realistic visual depiction, as that term is defined in section 2256(5) of title 18, United States Code, of an individual that has been created or altered using artificial intelligence or similar technology. ``(II) Liquidated damages in the amount of $150,000. ``(B) Equitable relief.--In a civil action filed under this section, a court may, in addition to any other relief available at law, order equitable relief, including a temporary restraining order, a preliminary injunction, or a permanent injunction ordering the defendant to cease display or disclosure of the intimate digital depiction. ``(c) Disclaimers.--It shall not be a defense to an action under this section that there is a disclaimer stating that the intimate digital depiction of the depicted individual was unauthorized or that the depicted individual did not participate in the creation or development of the material. ``(3) Digital depiction.--The term `digital depiction' means a realistic visual depiction, as that term is defined in section 2256(5), of an individual that has been created or altered using artificial intelligence or similar technology. (b) Clerical Amendment.--The table of sections for chapter 110 of title 18, United States Code is amended by inserting after the item relating to section 2252C the following new item: ``2252D. Intimate digital depictions. ''.

Preventing Deepfakes of Intimate Images Act - Amends the Violence Against Women Act Reauthorization Act of 2022 to authorize an individual who is the subject of an intimate digital depiction that is disclosed, in or affecting interstate or foreign commerce or using any means or facility of interstate commerce, without the individual's consent, where such disclosure was made by a person who knows Amends the Violence Against Women Act Reauthorization Act of 2022 to prohibit a provider of an interactive computer service from being held liable for: (1) any action voluntarily taken in good faith to restrict access to or availability of intimate digital depictions; or (2) taking any action to enable or make available to information content providers or other persons the technical means to restrict such depictions. (

S.1026

Labor and Employment

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

To assist States in, and pay for the Federal share of the cost of, defraying the cost of pre-apprenticeships or related instruction associated with qualified apprenticeship programs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``American Apprenticeship Act''. SEC. 2. PRE-APPRENTICESHIP AND QUALIFIED APPRENTICESHIP PROGRAMS. (a) Definitions.--In this Act: (1) Qualified apprenticeship.--The term ``qualified apprenticeship'', used with respect to a program, means an apprenticeship program that is-- (A) registered under the Act of August 16, 1937 (commonly known as the ``National Apprenticeship Act''; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.); and (B) concentrated in an industry sector or occupation that represents less than 10 percent of apprenticeable occupations or of the programs under the national apprenticeship system. (2) Postsecondary educational institution.--The term ``postsecondary educational institution'' means an institution of higher education, as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (3) Pre-apprenticeship.--The term ``pre-apprenticeship'', used with respect to a program, means an initiative or set of strategies that-- (A) is designed to prepare individuals to enter and succeed in a qualified apprenticeship program; (B) is carried out by a sponsor described in paragraph (6)(B) that has a documented partnership with one or more sponsors of qualified apprenticeship programs; and (C) includes each of the following: (i) Training (including a curriculum for the training), aligned with industry standards related to apprenticeships in a qualified apprenticeship program, and reviewed and approved annually by sponsors of such apprenticeships within the documented partnership, that will prepare individuals by teaching the skills and competencies needed to enter one or more qualified apprenticeship programs. (ii) Provision of hands-on training and theoretical education to individuals that-- (I) is carried out in a manner that includes proper observation of supervision and safety protocols; and (II) is carried out in a manner that does not displace a paid employee. (iii) A formal agreement with a sponsor of a qualified apprenticeship program that would enable participants who successfully complete the pre-apprenticeship program to enter directly into the qualified apprenticeship program (if a place in the program is available and if the participant meets the qualifications of the qualified apprenticeship program), and includes agreements concerning earning credit recognized by a postsecondary educational institution for skills and competencies acquired during the pre-apprenticeship program. (4) Related instruction.--The term ``related instruction'' means an organized and systematic form of classroom or web- based instruction designed to provide an apprentice with the knowledge of the theoretical and technical subjects related to the occupation of the apprentice or the instruction needed to prepare an individual to enter and succeed in an qualified apprenticeship program. (5) Secretary.--The term ``Secretary'' means the Secretary of Labor. (6) Sponsor.--The term ``sponsor'' means-- (A) with respect to a qualified apprenticeship program, an employer, joint labor-management partnership, trade association, professional association, labor organization, or other entity, that administers the qualified apprenticeship program; and (B) with respect to a pre-apprenticeship program, a local educational agency, a secondary school, an area career and technical education school, a State board, a local board, a joint labor-management committee, a labor organization, or a community-based organization, with responsibility for the pre-apprenticeship program. (7) Workforce innovation and opportunity act definitions.-- The terms ``area career and technical education school'', ``community-based organization'', ``individual with a barrier to employment'', ``local board'', ``local educational agency'', ``secondary school'', and ``State board'' have the meanings given the terms in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). (b) Grants for Tuition Assistance.-- (1) In general.--The Secretary may make grants to States on a competitive basis to assist the States in, and pay for the Federal share of the cost of, defraying the cost of a pre- apprenticeship, or the cost of related instruction, associated with a qualified apprenticeship program. (2) Application.--To be eligible to receive a grant under this subsection, a State shall submit an application to the Secretary for such a project at such time, in such manner, and containing a strategic plan that contains such information as the Secretary may require, including-- (A) information identifying the State agency (referred to in this Act as the ``State entity'') that will administer the grant as determined by the Governor of the State; (B) a description of strategies that the State entity will use to collaborate with key industry representatives, State agencies, postsecondary educational institutions, labor-management entities, and other relevant partners to launch or expand pre- apprenticeships for and apprenticeships in qualified apprenticeship programs; (C) a description of how the State entity will-- (i) coordinate activities carried out under this subsection with activities carried out under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.) and the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.) to support pre- apprenticeships for and apprenticeships in qualified apprenticeship programs; (ii) leverage funds provided under the Acts specified in clause (i) to support pre- apprenticeships for and apprenticeships in qualified apprenticeship programs; and (iii) utilize, and encourage individual participants in programs supported under this subsection to utilize, available Federal and State financial assistance, including assistance available under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.), education assistance benefits available to veterans, and Federal Pell Grants available under section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a), prior to using assistance made available under this Act; (D) a description of strategies to elevate apprenticeships in qualified apprenticeship programs as a workforce solution in nontraditional industries, such as information technology, health care, advanced manufacturing, transportation, and other industries determined to be high-demand by the State board for the State; (E) a description of activities that the State entity will carry out to build awareness about the economic potential of apprenticeships in qualified apprenticeship programs; (F) a description that outlines how the State entity will increase opportunities for pre- apprenticeships for and apprenticeships in qualified apprenticeship programs, among members of minority groups, youth, individuals with disabilities, veterans, and individuals with barriers to employment; (G) a description of-- (i) how the State entity will ensure that the qualified apprenticeship program meets certain performance measures and quality standards, including that the qualified apprenticeship program has been in existence for not fewer than 6 months prior to the application date; (ii) the targeted outreach strategies that the State entity will use for populations previously underserved through apprenticeships; and (iii) any State performance measures that the State will use, at the election of the State, to measure the effectiveness of the project; and (H) in the case of a State that has already received a grant under this subsection for a project, information indicating that the State met the performance measures with respect to the project. (3) Application review process.--A joint team of employees from the Department of Labor and the Department of Education shall-- (A) review such an application; and (B) make recommendations to the Secretary regarding approval of the application. (4) Use of funds.--A State that receives a grant under this subsection shall use the funds made available through the grant to defray any of the following costs of related instruction: (A) Tuition and fees. (B) Cost of textbooks, equipment, curriculum development, and other required educational materials. (C) Costs of any other item or service determined by the State to be necessary. (5) Administrative costs.--The State may use not more than 10 percent of the grant funds for administrative costs relating to carrying out the project described in paragraph (1). (6) Performance and evaluation.--The Secretary, after consultation with the Secretary of Education, shall-- (A) establish performance measures based on indicators set by the Administrator of the Office of Apprenticeship of the Department of Labor; and (B) establish an evaluation system aligned with the performance measures, and reporting requirements for the program carried out under this subsection. (c) Federal Share.-- (1) In general.--The Federal share of the cost described in subsection (b)(1) shall be not less than 20 percent and not more than 50 percent. (2) Non-federal share.--The State may make the non-Federal share available-- (A) in cash or in kind, fairly evaluated, including plant, equipment, or services; and (B) directly or through donations from public or private entities. (d) Report.--The Secretary shall prepare and submit to Congress, not later than September 30, 2026, a report-- (1) detailing the results of the evaluation described in subsection (b)(6)(B); and (2) analyzing the extent to which States have used grant funds effectively under this section. (e) Policy of the United States.--It is the policy of the United States that funds made available under this section should be used to supplement and not supplant other funds available under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.) and other Federal and State funds available to the State to support workforce development programs. SEC. 3. IDENTIFYING IN-DEMAND OCCUPATIONS. The Secretary shall-- (1) identify in-demand occupations nationally and regionally that lack the use of apprenticeships in qualified apprenticeship programs; (2) analyze the use of the qualified apprenticeship program model in those identified in-demand occupations; and (3) prepare and submit to States and Congress a report that contains the analysis described in paragraph (2). SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $15,000,000 for each of fiscal years 2022 through 2027. <all>

American Apprenticeship Act

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

American Apprenticeship Act

Sen. Klobuchar, Amy

D

MN

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

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. PRE-APPRENTICESHIP AND QUALIFIED APPRENTICESHIP PROGRAMS. (2) Postsecondary educational institution.--The term ``postsecondary educational institution'' means an institution of higher education, as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (ii) Provision of hands-on training and theoretical education to individuals that-- (I) is carried out in a manner that includes proper observation of supervision and safety protocols; and (II) is carried out in a manner that does not displace a paid employee. (5) Secretary.--The term ``Secretary'' means the Secretary of Labor. (6) Sponsor.--The term ``sponsor'' means-- (A) with respect to a qualified apprenticeship program, an employer, joint labor-management partnership, trade association, professional association, labor organization, or other entity, that administers the qualified apprenticeship program; and (B) with respect to a pre-apprenticeship program, a local educational agency, a secondary school, an area career and technical education school, a State board, a local board, a joint labor-management committee, a labor organization, or a community-based organization, with responsibility for the pre-apprenticeship program. 3102). and the Workforce Innovation and Opportunity Act (29 U.S.C. (3) Application review process.--A joint team of employees from the Department of Labor and the Department of Education shall-- (A) review such an application; and (B) make recommendations to the Secretary regarding approval of the application. (4) Use of funds.--A State that receives a grant under this subsection shall use the funds made available through the grant to defray any of the following costs of related instruction: (A) Tuition and fees. (C) Costs of any other item or service determined by the State to be necessary. (5) Administrative costs.--The State may use not more than 10 percent of the grant funds for administrative costs relating to carrying out the project described in paragraph (1). (6) Performance and evaluation.--The Secretary, after consultation with the Secretary of Education, shall-- (A) establish performance measures based on indicators set by the Administrator of the Office of Apprenticeship of the Department of Labor; and (B) establish an evaluation system aligned with the performance measures, and reporting requirements for the program carried out under this subsection. (c) Federal Share.-- (1) In general.--The Federal share of the cost described in subsection (b)(1) shall be not less than 20 percent and not more than 50 percent. 3101 et seq.) and other Federal and State funds available to the State to support workforce development programs. 3. IDENTIFYING IN-DEMAND OCCUPATIONS. SEC. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $15,000,000 for each of fiscal years 2022 through 2027.

2. PRE-APPRENTICESHIP AND QUALIFIED APPRENTICESHIP PROGRAMS. (2) Postsecondary educational institution.--The term ``postsecondary educational institution'' means an institution of higher education, as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. (ii) Provision of hands-on training and theoretical education to individuals that-- (I) is carried out in a manner that includes proper observation of supervision and safety protocols; and (II) is carried out in a manner that does not displace a paid employee. (5) Secretary.--The term ``Secretary'' means the Secretary of Labor. (6) Sponsor.--The term ``sponsor'' means-- (A) with respect to a qualified apprenticeship program, an employer, joint labor-management partnership, trade association, professional association, labor organization, or other entity, that administers the qualified apprenticeship program; and (B) with respect to a pre-apprenticeship program, a local educational agency, a secondary school, an area career and technical education school, a State board, a local board, a joint labor-management committee, a labor organization, or a community-based organization, with responsibility for the pre-apprenticeship program. and the Workforce Innovation and Opportunity Act (29 U.S.C. (3) Application review process.--A joint team of employees from the Department of Labor and the Department of Education shall-- (A) review such an application; and (B) make recommendations to the Secretary regarding approval of the application. (4) Use of funds.--A State that receives a grant under this subsection shall use the funds made available through the grant to defray any of the following costs of related instruction: (A) Tuition and fees. (6) Performance and evaluation.--The Secretary, after consultation with the Secretary of Education, shall-- (A) establish performance measures based on indicators set by the Administrator of the Office of Apprenticeship of the Department of Labor; and (B) establish an evaluation system aligned with the performance measures, and reporting requirements for the program carried out under this subsection. (c) Federal Share.-- (1) In general.--The Federal share of the cost described in subsection (b)(1) shall be not less than 20 percent and not more than 50 percent. 3101 et seq.) and other Federal and State funds available to the State to support workforce development programs. 3. IDENTIFYING IN-DEMAND OCCUPATIONS. SEC.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. PRE-APPRENTICESHIP AND QUALIFIED APPRENTICESHIP PROGRAMS. (2) Postsecondary educational institution.--The term ``postsecondary educational institution'' means an institution of higher education, as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (ii) Provision of hands-on training and theoretical education to individuals that-- (I) is carried out in a manner that includes proper observation of supervision and safety protocols; and (II) is carried out in a manner that does not displace a paid employee. (5) Secretary.--The term ``Secretary'' means the Secretary of Labor. (6) Sponsor.--The term ``sponsor'' means-- (A) with respect to a qualified apprenticeship program, an employer, joint labor-management partnership, trade association, professional association, labor organization, or other entity, that administers the qualified apprenticeship program; and (B) with respect to a pre-apprenticeship program, a local educational agency, a secondary school, an area career and technical education school, a State board, a local board, a joint labor-management committee, a labor organization, or a community-based organization, with responsibility for the pre-apprenticeship program. 3102). and the Workforce Innovation and Opportunity Act (29 U.S.C. 1070a), prior to using assistance made available under this Act; (D) a description of strategies to elevate apprenticeships in qualified apprenticeship programs as a workforce solution in nontraditional industries, such as information technology, health care, advanced manufacturing, transportation, and other industries determined to be high-demand by the State board for the State; (E) a description of activities that the State entity will carry out to build awareness about the economic potential of apprenticeships in qualified apprenticeship programs; (F) a description that outlines how the State entity will increase opportunities for pre- apprenticeships for and apprenticeships in qualified apprenticeship programs, among members of minority groups, youth, individuals with disabilities, veterans, and individuals with barriers to employment; (G) a description of-- (i) how the State entity will ensure that the qualified apprenticeship program meets certain performance measures and quality standards, including that the qualified apprenticeship program has been in existence for not fewer than 6 months prior to the application date; (ii) the targeted outreach strategies that the State entity will use for populations previously underserved through apprenticeships; and (iii) any State performance measures that the State will use, at the election of the State, to measure the effectiveness of the project; and (H) in the case of a State that has already received a grant under this subsection for a project, information indicating that the State met the performance measures with respect to the project. (3) Application review process.--A joint team of employees from the Department of Labor and the Department of Education shall-- (A) review such an application; and (B) make recommendations to the Secretary regarding approval of the application. (4) Use of funds.--A State that receives a grant under this subsection shall use the funds made available through the grant to defray any of the following costs of related instruction: (A) Tuition and fees. (C) Costs of any other item or service determined by the State to be necessary. (5) Administrative costs.--The State may use not more than 10 percent of the grant funds for administrative costs relating to carrying out the project described in paragraph (1). (6) Performance and evaluation.--The Secretary, after consultation with the Secretary of Education, shall-- (A) establish performance measures based on indicators set by the Administrator of the Office of Apprenticeship of the Department of Labor; and (B) establish an evaluation system aligned with the performance measures, and reporting requirements for the program carried out under this subsection. (c) Federal Share.-- (1) In general.--The Federal share of the cost described in subsection (b)(1) shall be not less than 20 percent and not more than 50 percent. (d) Report.--The Secretary shall prepare and submit to Congress, not later than September 30, 2026, a report-- (1) detailing the results of the evaluation described in subsection (b)(6)(B); and (2) analyzing the extent to which States have used grant funds effectively under this section. 3101 et seq.) and other Federal and State funds available to the State to support workforce development programs. 3. IDENTIFYING IN-DEMAND OCCUPATIONS. SEC. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $15,000,000 for each of fiscal years 2022 through 2027.

To assist States in, and pay for the Federal share of the cost of, defraying the cost of pre-apprenticeships or related instruction associated with qualified apprenticeship programs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. PRE-APPRENTICESHIP AND QUALIFIED APPRENTICESHIP PROGRAMS. 664, chapter 663; 29 U.S.C. (2) Postsecondary educational institution.--The term ``postsecondary educational institution'' means an institution of higher education, as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (ii) Provision of hands-on training and theoretical education to individuals that-- (I) is carried out in a manner that includes proper observation of supervision and safety protocols; and (II) is carried out in a manner that does not displace a paid employee. (iii) A formal agreement with a sponsor of a qualified apprenticeship program that would enable participants who successfully complete the pre-apprenticeship program to enter directly into the qualified apprenticeship program (if a place in the program is available and if the participant meets the qualifications of the qualified apprenticeship program), and includes agreements concerning earning credit recognized by a postsecondary educational institution for skills and competencies acquired during the pre-apprenticeship program. (4) Related instruction.--The term ``related instruction'' means an organized and systematic form of classroom or web- based instruction designed to provide an apprentice with the knowledge of the theoretical and technical subjects related to the occupation of the apprentice or the instruction needed to prepare an individual to enter and succeed in an qualified apprenticeship program. (5) Secretary.--The term ``Secretary'' means the Secretary of Labor. (6) Sponsor.--The term ``sponsor'' means-- (A) with respect to a qualified apprenticeship program, an employer, joint labor-management partnership, trade association, professional association, labor organization, or other entity, that administers the qualified apprenticeship program; and (B) with respect to a pre-apprenticeship program, a local educational agency, a secondary school, an area career and technical education school, a State board, a local board, a joint labor-management committee, a labor organization, or a community-based organization, with responsibility for the pre-apprenticeship program. 3102). and the Workforce Innovation and Opportunity Act (29 U.S.C. 1070a), prior to using assistance made available under this Act; (D) a description of strategies to elevate apprenticeships in qualified apprenticeship programs as a workforce solution in nontraditional industries, such as information technology, health care, advanced manufacturing, transportation, and other industries determined to be high-demand by the State board for the State; (E) a description of activities that the State entity will carry out to build awareness about the economic potential of apprenticeships in qualified apprenticeship programs; (F) a description that outlines how the State entity will increase opportunities for pre- apprenticeships for and apprenticeships in qualified apprenticeship programs, among members of minority groups, youth, individuals with disabilities, veterans, and individuals with barriers to employment; (G) a description of-- (i) how the State entity will ensure that the qualified apprenticeship program meets certain performance measures and quality standards, including that the qualified apprenticeship program has been in existence for not fewer than 6 months prior to the application date; (ii) the targeted outreach strategies that the State entity will use for populations previously underserved through apprenticeships; and (iii) any State performance measures that the State will use, at the election of the State, to measure the effectiveness of the project; and (H) in the case of a State that has already received a grant under this subsection for a project, information indicating that the State met the performance measures with respect to the project. (3) Application review process.--A joint team of employees from the Department of Labor and the Department of Education shall-- (A) review such an application; and (B) make recommendations to the Secretary regarding approval of the application. (4) Use of funds.--A State that receives a grant under this subsection shall use the funds made available through the grant to defray any of the following costs of related instruction: (A) Tuition and fees. (B) Cost of textbooks, equipment, curriculum development, and other required educational materials. (C) Costs of any other item or service determined by the State to be necessary. (5) Administrative costs.--The State may use not more than 10 percent of the grant funds for administrative costs relating to carrying out the project described in paragraph (1). (6) Performance and evaluation.--The Secretary, after consultation with the Secretary of Education, shall-- (A) establish performance measures based on indicators set by the Administrator of the Office of Apprenticeship of the Department of Labor; and (B) establish an evaluation system aligned with the performance measures, and reporting requirements for the program carried out under this subsection. (c) Federal Share.-- (1) In general.--The Federal share of the cost described in subsection (b)(1) shall be not less than 20 percent and not more than 50 percent. (2) Non-federal share.--The State may make the non-Federal share available-- (A) in cash or in kind, fairly evaluated, including plant, equipment, or services; and (B) directly or through donations from public or private entities. (d) Report.--The Secretary shall prepare and submit to Congress, not later than September 30, 2026, a report-- (1) detailing the results of the evaluation described in subsection (b)(6)(B); and (2) analyzing the extent to which States have used grant funds effectively under this section. 3101 et seq.) and other Federal and State funds available to the State to support workforce development programs. 3. IDENTIFYING IN-DEMAND OCCUPATIONS. SEC. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $15,000,000 for each of fiscal years 2022 through 2027.

To assist States in, and pay for the Federal share of the cost of, defraying the cost of pre-apprenticeships or related instruction associated with qualified apprenticeship programs, and for other purposes. 2) Postsecondary educational institution.--The term ``postsecondary educational institution'' means an institution of higher education, as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). ii) Provision of hands-on training and theoretical education to individuals that-- (I) is carried out in a manner that includes proper observation of supervision and safety protocols; and (II) is carried out in a manner that does not displace a paid employee. ( iii) A formal agreement with a sponsor of a qualified apprenticeship program that would enable participants who successfully complete the pre-apprenticeship program to enter directly into the qualified apprenticeship program (if a place in the program is available and if the participant meets the qualifications of the qualified apprenticeship program), and includes agreements concerning earning credit recognized by a postsecondary educational institution for skills and competencies acquired during the pre-apprenticeship program. (4) Related instruction.--The term ``related instruction'' means an organized and systematic form of classroom or web- based instruction designed to provide an apprentice with the knowledge of the theoretical and technical subjects related to the occupation of the apprentice or the instruction needed to prepare an individual to enter and succeed in an qualified apprenticeship program. ( 5) Secretary.--The term ``Secretary'' means the Secretary of Labor. ( (b) Grants for Tuition Assistance.-- (1) In general.--The Secretary may make grants to States on a competitive basis to assist the States in, and pay for the Federal share of the cost of, defraying the cost of a pre- apprenticeship, or the cost of related instruction, associated with a qualified apprenticeship program. ( and the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.) to support pre- apprenticeships for and apprenticeships in qualified apprenticeship programs; (ii) leverage funds provided under the Acts specified in clause (i) to support pre- apprenticeships for and apprenticeships in qualified apprenticeship programs; and (iii) utilize, and encourage individual participants in programs supported under this subsection to utilize, available Federal and State financial assistance, including assistance available under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq. ), education assistance benefits available to veterans, and Federal Pell Grants available under section 401 of the Higher Education Act of 1965 (20 U.S.C. (3) Application review process.--A joint team of employees from the Department of Labor and the Department of Education shall-- (A) review such an application; and (B) make recommendations to the Secretary regarding approval of the application. ( 4) Use of funds.--A State that receives a grant under this subsection shall use the funds made available through the grant to defray any of the following costs of related instruction: (A) Tuition and fees. ( (2) Non-federal share.--The State may make the non-Federal share available-- (A) in cash or in kind, fairly evaluated, including plant, equipment, or services; and (B) directly or through donations from public or private entities. ( e) Policy of the United States.--It is the policy of the United States that funds made available under this section should be used to supplement and not supplant other funds available under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.)

To assist States in, and pay for the Federal share of the cost of, defraying the cost of pre-apprenticeships or related instruction associated with qualified apprenticeship programs, and for other purposes. 2) Postsecondary educational institution.--The term ``postsecondary educational institution'' means an institution of higher education, as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). ( (iii) A formal agreement with a sponsor of a qualified apprenticeship program that would enable participants who successfully complete the pre-apprenticeship program to enter directly into the qualified apprenticeship program (if a place in the program is available and if the participant meets the qualifications of the qualified apprenticeship program), and includes agreements concerning earning credit recognized by a postsecondary educational institution for skills and competencies acquired during the pre-apprenticeship program. ( 7) Workforce innovation and opportunity act definitions.-- The terms ``area career and technical education school'', ``community-based organization'', ``individual with a barrier to employment'', ``local board'', ``local educational agency'', ``secondary school'', and ``State board'' have the meanings given the terms in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). ( and the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.) to support pre- apprenticeships for and apprenticeships in qualified apprenticeship programs; (ii) leverage funds provided under the Acts specified in clause (i) to support pre- apprenticeships for and apprenticeships in qualified apprenticeship programs; and (iii) utilize, and encourage individual participants in programs supported under this subsection to utilize, available Federal and State financial assistance, including assistance available under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq. ), 3) Application review process.--A joint team of employees from the Department of Labor and the Department of Education shall-- (A) review such an application; and (B) make recommendations to the Secretary regarding approval of the application. ( 4) Use of funds.--A State that receives a grant under this subsection shall use the funds made available through the grant to defray any of the following costs of related instruction: (A) Tuition and fees. ( (6) Performance and evaluation.--The Secretary, after consultation with the Secretary of Education, shall-- (A) establish performance measures based on indicators set by the Administrator of the Office of Apprenticeship of the Department of Labor; and (B) establish an evaluation system aligned with the performance measures, and reporting requirements for the program carried out under this subsection. ( e) Policy of the United States.--It is the policy of the United States that funds made available under this section should be used to supplement and not supplant other funds available under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.)

To assist States in, and pay for the Federal share of the cost of, defraying the cost of pre-apprenticeships or related instruction associated with qualified apprenticeship programs, and for other purposes. 2) Postsecondary educational institution.--The term ``postsecondary educational institution'' means an institution of higher education, as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). ( (iii) A formal agreement with a sponsor of a qualified apprenticeship program that would enable participants who successfully complete the pre-apprenticeship program to enter directly into the qualified apprenticeship program (if a place in the program is available and if the participant meets the qualifications of the qualified apprenticeship program), and includes agreements concerning earning credit recognized by a postsecondary educational institution for skills and competencies acquired during the pre-apprenticeship program. ( 7) Workforce innovation and opportunity act definitions.-- The terms ``area career and technical education school'', ``community-based organization'', ``individual with a barrier to employment'', ``local board'', ``local educational agency'', ``secondary school'', and ``State board'' have the meanings given the terms in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). ( and the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.) to support pre- apprenticeships for and apprenticeships in qualified apprenticeship programs; (ii) leverage funds provided under the Acts specified in clause (i) to support pre- apprenticeships for and apprenticeships in qualified apprenticeship programs; and (iii) utilize, and encourage individual participants in programs supported under this subsection to utilize, available Federal and State financial assistance, including assistance available under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq. ), 3) Application review process.--A joint team of employees from the Department of Labor and the Department of Education shall-- (A) review such an application; and (B) make recommendations to the Secretary regarding approval of the application. ( 4) Use of funds.--A State that receives a grant under this subsection shall use the funds made available through the grant to defray any of the following costs of related instruction: (A) Tuition and fees. ( (6) Performance and evaluation.--The Secretary, after consultation with the Secretary of Education, shall-- (A) establish performance measures based on indicators set by the Administrator of the Office of Apprenticeship of the Department of Labor; and (B) establish an evaluation system aligned with the performance measures, and reporting requirements for the program carried out under this subsection. ( e) Policy of the United States.--It is the policy of the United States that funds made available under this section should be used to supplement and not supplant other funds available under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.)

To assist States in, and pay for the Federal share of the cost of, defraying the cost of pre-apprenticeships or related instruction associated with qualified apprenticeship programs, and for other purposes. 2) Postsecondary educational institution.--The term ``postsecondary educational institution'' means an institution of higher education, as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). ii) Provision of hands-on training and theoretical education to individuals that-- (I) is carried out in a manner that includes proper observation of supervision and safety protocols; and (II) is carried out in a manner that does not displace a paid employee. ( iii) A formal agreement with a sponsor of a qualified apprenticeship program that would enable participants who successfully complete the pre-apprenticeship program to enter directly into the qualified apprenticeship program (if a place in the program is available and if the participant meets the qualifications of the qualified apprenticeship program), and includes agreements concerning earning credit recognized by a postsecondary educational institution for skills and competencies acquired during the pre-apprenticeship program. (4) Related instruction.--The term ``related instruction'' means an organized and systematic form of classroom or web- based instruction designed to provide an apprentice with the knowledge of the theoretical and technical subjects related to the occupation of the apprentice or the instruction needed to prepare an individual to enter and succeed in an qualified apprenticeship program. ( 5) Secretary.--The term ``Secretary'' means the Secretary of Labor. ( (b) Grants for Tuition Assistance.-- (1) In general.--The Secretary may make grants to States on a competitive basis to assist the States in, and pay for the Federal share of the cost of, defraying the cost of a pre- apprenticeship, or the cost of related instruction, associated with a qualified apprenticeship program. ( and the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.) to support pre- apprenticeships for and apprenticeships in qualified apprenticeship programs; (ii) leverage funds provided under the Acts specified in clause (i) to support pre- apprenticeships for and apprenticeships in qualified apprenticeship programs; and (iii) utilize, and encourage individual participants in programs supported under this subsection to utilize, available Federal and State financial assistance, including assistance available under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq. ), education assistance benefits available to veterans, and Federal Pell Grants available under section 401 of the Higher Education Act of 1965 (20 U.S.C. (3) Application review process.--A joint team of employees from the Department of Labor and the Department of Education shall-- (A) review such an application; and (B) make recommendations to the Secretary regarding approval of the application. ( 4) Use of funds.--A State that receives a grant under this subsection shall use the funds made available through the grant to defray any of the following costs of related instruction: (A) Tuition and fees. ( (2) Non-federal share.--The State may make the non-Federal share available-- (A) in cash or in kind, fairly evaluated, including plant, equipment, or services; and (B) directly or through donations from public or private entities. ( e) Policy of the United States.--It is the policy of the United States that funds made available under this section should be used to supplement and not supplant other funds available under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.)

To assist States in, and pay for the Federal share of the cost of, defraying the cost of pre-apprenticeships or related instruction associated with qualified apprenticeship programs, and for other purposes. 2) Postsecondary educational institution.--The term ``postsecondary educational institution'' means an institution of higher education, as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). ( (iii) A formal agreement with a sponsor of a qualified apprenticeship program that would enable participants who successfully complete the pre-apprenticeship program to enter directly into the qualified apprenticeship program (if a place in the program is available and if the participant meets the qualifications of the qualified apprenticeship program), and includes agreements concerning earning credit recognized by a postsecondary educational institution for skills and competencies acquired during the pre-apprenticeship program. ( 7) Workforce innovation and opportunity act definitions.-- The terms ``area career and technical education school'', ``community-based organization'', ``individual with a barrier to employment'', ``local board'', ``local educational agency'', ``secondary school'', and ``State board'' have the meanings given the terms in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). ( and the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.) to support pre- apprenticeships for and apprenticeships in qualified apprenticeship programs; (ii) leverage funds provided under the Acts specified in clause (i) to support pre- apprenticeships for and apprenticeships in qualified apprenticeship programs; and (iii) utilize, and encourage individual participants in programs supported under this subsection to utilize, available Federal and State financial assistance, including assistance available under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq. ), 3) Application review process.--A joint team of employees from the Department of Labor and the Department of Education shall-- (A) review such an application; and (B) make recommendations to the Secretary regarding approval of the application. ( 4) Use of funds.--A State that receives a grant under this subsection shall use the funds made available through the grant to defray any of the following costs of related instruction: (A) Tuition and fees. ( (6) Performance and evaluation.--The Secretary, after consultation with the Secretary of Education, shall-- (A) establish performance measures based on indicators set by the Administrator of the Office of Apprenticeship of the Department of Labor; and (B) establish an evaluation system aligned with the performance measures, and reporting requirements for the program carried out under this subsection. ( e) Policy of the United States.--It is the policy of the United States that funds made available under this section should be used to supplement and not supplant other funds available under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.)

To assist States in, and pay for the Federal share of the cost of, defraying the cost of pre-apprenticeships or related instruction associated with qualified apprenticeship programs, and for other purposes. 2) Postsecondary educational institution.--The term ``postsecondary educational institution'' means an institution of higher education, as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). ii) Provision of hands-on training and theoretical education to individuals that-- (I) is carried out in a manner that includes proper observation of supervision and safety protocols; and (II) is carried out in a manner that does not displace a paid employee. ( iii) A formal agreement with a sponsor of a qualified apprenticeship program that would enable participants who successfully complete the pre-apprenticeship program to enter directly into the qualified apprenticeship program (if a place in the program is available and if the participant meets the qualifications of the qualified apprenticeship program), and includes agreements concerning earning credit recognized by a postsecondary educational institution for skills and competencies acquired during the pre-apprenticeship program. (4) Related instruction.--The term ``related instruction'' means an organized and systematic form of classroom or web- based instruction designed to provide an apprentice with the knowledge of the theoretical and technical subjects related to the occupation of the apprentice or the instruction needed to prepare an individual to enter and succeed in an qualified apprenticeship program. ( 5) Secretary.--The term ``Secretary'' means the Secretary of Labor. ( (b) Grants for Tuition Assistance.-- (1) In general.--The Secretary may make grants to States on a competitive basis to assist the States in, and pay for the Federal share of the cost of, defraying the cost of a pre- apprenticeship, or the cost of related instruction, associated with a qualified apprenticeship program. ( and the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.) to support pre- apprenticeships for and apprenticeships in qualified apprenticeship programs; (ii) leverage funds provided under the Acts specified in clause (i) to support pre- apprenticeships for and apprenticeships in qualified apprenticeship programs; and (iii) utilize, and encourage individual participants in programs supported under this subsection to utilize, available Federal and State financial assistance, including assistance available under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq. ), education assistance benefits available to veterans, and Federal Pell Grants available under section 401 of the Higher Education Act of 1965 (20 U.S.C. (3) Application review process.--A joint team of employees from the Department of Labor and the Department of Education shall-- (A) review such an application; and (B) make recommendations to the Secretary regarding approval of the application. ( 4) Use of funds.--A State that receives a grant under this subsection shall use the funds made available through the grant to defray any of the following costs of related instruction: (A) Tuition and fees. ( (2) Non-federal share.--The State may make the non-Federal share available-- (A) in cash or in kind, fairly evaluated, including plant, equipment, or services; and (B) directly or through donations from public or private entities. ( e) Policy of the United States.--It is the policy of the United States that funds made available under this section should be used to supplement and not supplant other funds available under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.)

To assist States in, and pay for the Federal share of the cost of, defraying the cost of pre-apprenticeships or related instruction associated with qualified apprenticeship programs, and for other purposes. 2) Postsecondary educational institution.--The term ``postsecondary educational institution'' means an institution of higher education, as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). ( (iii) A formal agreement with a sponsor of a qualified apprenticeship program that would enable participants who successfully complete the pre-apprenticeship program to enter directly into the qualified apprenticeship program (if a place in the program is available and if the participant meets the qualifications of the qualified apprenticeship program), and includes agreements concerning earning credit recognized by a postsecondary educational institution for skills and competencies acquired during the pre-apprenticeship program. ( 7) Workforce innovation and opportunity act definitions.-- The terms ``area career and technical education school'', ``community-based organization'', ``individual with a barrier to employment'', ``local board'', ``local educational agency'', ``secondary school'', and ``State board'' have the meanings given the terms in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). ( and the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.) to support pre- apprenticeships for and apprenticeships in qualified apprenticeship programs; (ii) leverage funds provided under the Acts specified in clause (i) to support pre- apprenticeships for and apprenticeships in qualified apprenticeship programs; and (iii) utilize, and encourage individual participants in programs supported under this subsection to utilize, available Federal and State financial assistance, including assistance available under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq. ), 3) Application review process.--A joint team of employees from the Department of Labor and the Department of Education shall-- (A) review such an application; and (B) make recommendations to the Secretary regarding approval of the application. ( 4) Use of funds.--A State that receives a grant under this subsection shall use the funds made available through the grant to defray any of the following costs of related instruction: (A) Tuition and fees. ( (6) Performance and evaluation.--The Secretary, after consultation with the Secretary of Education, shall-- (A) establish performance measures based on indicators set by the Administrator of the Office of Apprenticeship of the Department of Labor; and (B) establish an evaluation system aligned with the performance measures, and reporting requirements for the program carried out under this subsection. ( e) Policy of the United States.--It is the policy of the United States that funds made available under this section should be used to supplement and not supplant other funds available under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.)

To assist States in, and pay for the Federal share of the cost of, defraying the cost of pre-apprenticeships or related instruction associated with qualified apprenticeship programs, and for other purposes. 4) Related instruction.--The term ``related instruction'' means an organized and systematic form of classroom or web- based instruction designed to provide an apprentice with the knowledge of the theoretical and technical subjects related to the occupation of the apprentice or the instruction needed to prepare an individual to enter and succeed in an qualified apprenticeship program. ( ( (b) Grants for Tuition Assistance.-- (1) In general.--The Secretary may make grants to States on a competitive basis to assist the States in, and pay for the Federal share of the cost of, defraying the cost of a pre- apprenticeship, or the cost of related instruction, associated with a qualified apprenticeship program. ( to support pre- apprenticeships for and apprenticeships in qualified apprenticeship programs; (ii) leverage funds provided under the Acts specified in clause (i) to support pre- apprenticeships for and apprenticeships in qualified apprenticeship programs; and (iii) utilize, and encourage individual participants in programs supported under this subsection to utilize, available Federal and State financial assistance, including assistance available under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq. ), ( (2) Non-federal share.--The State may make the non-Federal share available-- (A) in cash or in kind, fairly evaluated, including plant, equipment, or services; and (B) directly or through donations from public or private entities. ( e) Policy of the United States.--It is the policy of the United States that funds made available under this section should be used to supplement and not supplant other funds available under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.)

To assist States in, and pay for the Federal share of the cost of, defraying the cost of pre-apprenticeships or related instruction associated with qualified apprenticeship programs, and for other purposes. 7) Workforce innovation and opportunity act definitions.-- The terms ``area career and technical education school'', ``community-based organization'', ``individual with a barrier to employment'', ``local board'', ``local educational agency'', ``secondary school'', and ``State board'' have the meanings given the terms in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). ( ( (6) Performance and evaluation.--The Secretary, after consultation with the Secretary of Education, shall-- (A) establish performance measures based on indicators set by the Administrator of the Office of Apprenticeship of the Department of Labor; and (B) establish an evaluation system aligned with the performance measures, and reporting requirements for the program carried out under this subsection. ( e) Policy of the United States.--It is the policy of the United States that funds made available under this section should be used to supplement and not supplant other funds available under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.)

To assist States in, and pay for the Federal share of the cost of, defraying the cost of pre-apprenticeships or related instruction associated with qualified apprenticeship programs, and for other purposes. 4) Related instruction.--The term ``related instruction'' means an organized and systematic form of classroom or web- based instruction designed to provide an apprentice with the knowledge of the theoretical and technical subjects related to the occupation of the apprentice or the instruction needed to prepare an individual to enter and succeed in an qualified apprenticeship program. ( ( (b) Grants for Tuition Assistance.-- (1) In general.--The Secretary may make grants to States on a competitive basis to assist the States in, and pay for the Federal share of the cost of, defraying the cost of a pre- apprenticeship, or the cost of related instruction, associated with a qualified apprenticeship program. ( to support pre- apprenticeships for and apprenticeships in qualified apprenticeship programs; (ii) leverage funds provided under the Acts specified in clause (i) to support pre- apprenticeships for and apprenticeships in qualified apprenticeship programs; and (iii) utilize, and encourage individual participants in programs supported under this subsection to utilize, available Federal and State financial assistance, including assistance available under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq. ), ( (2) Non-federal share.--The State may make the non-Federal share available-- (A) in cash or in kind, fairly evaluated, including plant, equipment, or services; and (B) directly or through donations from public or private entities. ( e) Policy of the United States.--It is the policy of the United States that funds made available under this section should be used to supplement and not supplant other funds available under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.)

American Apprenticeship Act - Authorizes the Secretary of Labor to make competitive grants to states to defray the cost of pre-apprenticeships or related instruction associated with qualified apprenticeship programs, and for other purposes. (Sec. 2) Requires the Secretary to make such grants competitively, including by requiring states to submit a strategic plan containing information on: (1) how to Authorizes appropriations for FY2027 through FY2028 for the Apprenticeship Partnership Program (APPR). (Sec. 3) Requires the Secretary of Labor to: (1) identify in-demand occupations nationally and regionally that lack the use of apprenticeships in qualified apprenticeship programs; (2) analyze the APPR model's use in those identified occupations; and (3

S.4449

Health

Saving Access to Laboratory Services Act This bill modifies provisions relating to Medicare payment rates for clinical diagnostic laboratory services, including by requiring payment rates for certain widely available clinical diagnostic laboratory tests to be based on a statistical sampling of private sector rates.

To amend title XVIII of the Social Security Act to improve the accuracy of market-based Medicare payment for clinical diagnostic laboratory services, to reduce administrative burdens in the collection of data, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Saving Access to Laboratory Services Act''. SEC. 2. MODIFICATION OF REQUIREMENTS FOR MEDICARE CLINICAL DIAGNOSTIC LABORATORY TESTS. (a) Use of Statistical Sampling for Widely Available Clinical Diagnostic Laboratory Tests.-- (1) In general.--Section 1834A(a)(1) of the Social Security Act (42 U.S.C. 1395m-1(a)(1)) is amended-- (A) in subparagraph (A), by striking ``Subject to subparagraph (B)'' and inserting ``Subject to subparagraphs (B) and (C)''; and (B) by adding at the end the following new subparagraph: ``(C) Use of statistical sampling for widely available clinical diagnostic laboratory tests.-- ``(i) In general.--Subject to clause (ii), with respect to data collection periods for reporting periods beginning on or after January 1, 2026, in the case of a widely available clinical diagnostic laboratory test (as defined in clause (iii)), in lieu of requiring the reporting of applicable information from each applicable laboratory, the Secretary shall require the collection and reporting of applicable information from a statistically valid sample of applicable laboratories for each such widely available clinical diagnostic laboratory test. ``(ii) Requirements for statistical sampling.-- ``(I) In general.--The Secretary, in consultation with stakeholders, shall develop a methodology for a statistically valid sample under clause (i), using the maximal brewer selection method, as described in the June 2021 Medicare Payment Access Commission Report to the Congress, to establish the payment amount for a widely available clinical diagnostic laboratory test under paragraph (2) of subsection (b) for each applicable HCPCS code for a widely available clinical diagnostic laboratory test. ``(II) Representative sampling.-- The methodology under subclause (I) for a statistically valid sample under clause (i) shall, for each applicable HCPCS code for a widely available clinical diagnostic laboratory test-- ``(aa) provide for a sample that allows for the payment amounts established under paragraph (2) of subsection (b) for such a test to be representative of rates paid by private payors to applicable laboratories receiving payment under this section, including independent laboratories, hospital laboratories, hospital outreach laboratories, and physician office laboratories that furnish the widely available clinical diagnostic laboratory test; ``(bb) include applicable information (as defined in paragraph (3)) with respect to such widely available clinical diagnostic laboratory test from such different types of applicable laboratories; and ``(cc) be of sufficient size to accurately and proportionally represent the range of private payor payment rates received by each such type of applicable laboratory weighted according to the utilization rates of each type of applicable laboratory for the widely available clinical diagnostic laboratory test during the first 6 months of the calendar year immediately preceding the data collection period applicable to the sample to be collected. ``(III) Least burdensome data collection and reporting processes.-- The methodology developed by the Secretary shall be designed to reduce administrative burdens of data collection and reporting on applicable laboratories and the Centers for Medicare & Medicaid Services to the greatest extent practicable. ``(IV) Publication of list of widely available clinical diagnostic laboratory tests and notification to applicable laboratories required to report applicable information.--Not later than September 30 of the year immediately preceding each data collection period (as defined in paragraph (4)), the Secretary shall publish in the Federal Register a list of widely available clinical diagnostic laboratory tests and shall directly notify applicable laboratories required to report applicable information under this subsection. ``(iii) Definition of widely available clinical diagnostic laboratory test.--In this subparagraph, the term `widely available clinical diagnostic laboratory test' means a clinical diagnostic laboratory test that meets both of the following criteria during the first 6 months of the calendar year immediately preceding the data collection period applicable to the sample to be collected: ``(I) Payment rate.--The payment amount determined for the clinical diagnostic laboratory test under this section is less than $1,000 per test. ``(II) Number of laboratories performing the test.--The number of applicable laboratories receiving payments under this section for the clinical diagnostic laboratory test (as determined by the Secretary using the national provider identifier of the provider of services or supplier on the claim submitted for payment under this part for such test) exceeds 100.''. (2) Delays to revised reporting periods and reporting period frequency.-- (A) In general.--Section 1834A(a)(1)(B) of the Social Security Act (42 U.S.C. 1395m-1(a)(1)(B)) is amended-- (i) in clause (i), by striking ``December 31, 2022'' and inserting ``December 31, 2024''; (ii) in clause (ii), by striking ``beginning January 1, 2023, and ending March 31, 2023'' and inserting ``beginning January 1, 2026, and ending March 31, 2026''; and (iii) in clause (iii) by striking ``every three years'' and inserting ``every four years''. (B) Conforming change to definition of data collection period.--Section 1834A(a)(4)(B) of the Social Security Act (42 U.S.C. 1395m-1(a)(4)(B)) is amended by striking ``January 1, 2019, and ending June 30, 2019'' and inserting ``January 1, 2025, and ending June 30, 2025''. (b) Elimination of Majority of Medicare Revenues Test.--The first sentence of section 1834A(a)(2) of the Social Security Act (42 U.S.C. 1395m-1(a)(2)) is amended by striking ``In this section'' and all that follows through the period and inserting the following: ``Notwithstanding determinations of applicable laboratories made prior to January 1, 2024, the term `applicable laboratory' means a laboratory that receives at least $12,500 in payments under this section during the first 6 months of the calendar year immediately preceding the applicable data collection period.''. (c) Modifications to Applicable Information Reported.-- (1) Medicaid managed care rates.--Section 1834A(a)(8)(C) of the Social Security Act (42 U.S.C. 1395m-1(a)(8)(C)) is amended by striking ``A medicaid managed care organization'' and inserting ``With respect to data collection periods for reporting periods beginning before January 1, 2026, a medicaid managed care organization (as defined in section 1903(m))''. (2) Authority to exclude manual remittances.--Section 1834A(a)(3) of the Social Security Act (42 U.S.C. 1395m- 1(a)(3)) is amended-- (A) in subparagraph (A), by striking ``subject to subparagraph (B),'' and inserting ``subject to subparagraphs (B) and (C)''; and (B) by adding at the end the following new subparagraph: ``(C) Exclusion of manual remittances.--An applicable laboratory for which less than 10 percent of its total paid claims during a data collection period are paid by private payors by means other than an electronic standard transaction (as defined in section 162.103 of title 45, Code of Federal Regulations (or any successor regulation)) may exclude from the definition of applicable information under this paragraph payments made by private payors that are not made through an electronic standard transaction.''. (d) Modification to Limits on Payment Reductions; Imposition of Annual Cap on Payment Increases.-- (1) Payment reduction limits.--Section 1834A(b)(3) of the Social Security Act (42 U.S.C. 1395m-1(b)(3)) is amended-- (A) in subparagraph (A), by striking ``for each of 2017 through 2025'' and inserting ``for 2017 and each succeeding year''; and (B) in subparagraph (B)-- (i) in clause (ii), by striking ``and'' at the end; and (ii) by striking clause (iii) and inserting the following: ``(iii) for 2023, 0 percent; ``(iv) for 2024, 2.5 percent; and ``(v) for 2025 and each subsequent year, 5 percent.''. (2) Annual cap on payment rate increases.--Section 1834A(b)(3) of the Social Security Act (42 U.S.C. 1395m- 1(b)(3)), as amended by paragraph (1), is amended-- (A) in subparagraph (A)-- (i) by striking ``test for 2017 and each succeeding year--'' and inserting ``test-- ``(i) for 2017 and each succeeding year''; (ii) in clause (i), as added by clause (i) of this subparagraph, by striking the period and inserting ``; and''; and (iii) by adding at the end the following new clause: ``(ii) for 2023 and each succeeding year, shall not result in an increase in payments for a clinical diagnostic laboratory test for the year of greater than the applicable percent (as defined in subparagraph (D)) of the amount of payment for the test for the preceding year.''; (B) in subparagraph (B), in the matter preceding clause (i), by striking ``In this paragraph'' and inserting ``In clause (i) of subparagraph (A)''; and (C) by adding at the end the following new subparagraph: ``(D) Definition of applicable percent for purposes of annual cap on payment increases.--In clause (ii) of subparagraph (A), the term `applicable percent' means the following: ``(i) Widely available clinical diagnostic laboratory tests.--With respect to a widely available clinical diagnostic laboratory test-- ``(I) for 2023, 2.5 percent; ``(II) for 2024, 2.5 percent; ``(III) for 2025, 3.75 percent; ``(IV) for 2026, 3.75 percent; and ``(V) for 2027 and each subsequent year, 5 percent. ``(ii) Other clinical diagnostic laboratory tests.--With respect to a clinical diagnostic laboratory test not described in clause (i), 5 percent.''. (3) Conforming amendment.--Section 1834A(b)(3) of the Social Security Act (42 U.S.C. 1395m-1(b)(3)) is amended in the heading by striking ``reductions'' and inserting ``medicare payment changes''. (e) Regulations.--(1) Not later than December 31, 2023, the Secretary of Health and Human Services shall implement the amendments made by this section (other than subsection (d)) through notice and comment rulemaking. (2) The Secretary of Health and Human Services may implement the amendments made by subsection (d) through interim final rulemaking, program instruction, or otherwise. <all>

Saving Access to Laboratory Services Act

A bill to amend title XVIII of the Social Security Act to improve the accuracy of market-based Medicare payment for clinical diagnostic laboratory services, to reduce administrative burdens in the collection of data, and for other purposes.

Saving Access to Laboratory Services Act

Sen. Burr, Richard

R

NC

This bill modifies provisions relating to Medicare payment rates for clinical diagnostic laboratory services, including by requiring payment rates for certain widely available clinical diagnostic laboratory tests to be based on a statistical sampling of private sector rates.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. SEC. 2. 1395m-1(a)(1)) is amended-- (A) in subparagraph (A), by striking ``Subject to subparagraph (B)'' and inserting ``Subject to subparagraphs (B) and (C)''; and (B) by adding at the end the following new subparagraph: ``(C) Use of statistical sampling for widely available clinical diagnostic laboratory tests.-- ``(i) In general.--Subject to clause (ii), with respect to data collection periods for reporting periods beginning on or after January 1, 2026, in the case of a widely available clinical diagnostic laboratory test (as defined in clause (iii)), in lieu of requiring the reporting of applicable information from each applicable laboratory, the Secretary shall require the collection and reporting of applicable information from a statistically valid sample of applicable laboratories for each such widely available clinical diagnostic laboratory test. 1395m-1(a)(4)(B)) is amended by striking ``January 1, 2019, and ending June 30, 2019'' and inserting ``January 1, 2025, and ending June 30, 2025''. (c) Modifications to Applicable Information Reported.-- (1) Medicaid managed care rates.--Section 1834A(a)(8)(C) of the Social Security Act (42 U.S.C. 1395m- 1(b)(3)), as amended by paragraph (1), is amended-- (A) in subparagraph (A)-- (i) by striking ``test for 2017 and each succeeding year--'' and inserting ``test-- ``(i) for 2017 and each succeeding year''; (ii) in clause (i), as added by clause (i) of this subparagraph, by striking the period and inserting ``; and''; and (iii) by adding at the end the following new clause: ``(ii) for 2023 and each succeeding year, shall not result in an increase in payments for a clinical diagnostic laboratory test for the year of greater than the applicable percent (as defined in subparagraph (D)) of the amount of payment for the test for the preceding year. ``(ii) Other clinical diagnostic laboratory tests.--With respect to a clinical diagnostic laboratory test not described in clause (i), 5 percent.''. 1395m-1(b)(3)) is amended in the heading by striking ``reductions'' and inserting ``medicare payment changes''. (e) Regulations.--(1) Not later than December 31, 2023, the Secretary of Health and Human Services shall implement the amendments made by this section (other than subsection (d)) through notice and comment rulemaking.

SHORT TITLE. 2. 1395m-1(a)(1)) is amended-- (A) in subparagraph (A), by striking ``Subject to subparagraph (B)'' and inserting ``Subject to subparagraphs (B) and (C)''; and (B) by adding at the end the following new subparagraph: ``(C) Use of statistical sampling for widely available clinical diagnostic laboratory tests.-- ``(i) In general.--Subject to clause (ii), with respect to data collection periods for reporting periods beginning on or after January 1, 2026, in the case of a widely available clinical diagnostic laboratory test (as defined in clause (iii)), in lieu of requiring the reporting of applicable information from each applicable laboratory, the Secretary shall require the collection and reporting of applicable information from a statistically valid sample of applicable laboratories for each such widely available clinical diagnostic laboratory test. 1395m-1(a)(4)(B)) is amended by striking ``January 1, 2019, and ending June 30, 2019'' and inserting ``January 1, 2025, and ending June 30, 2025''. (c) Modifications to Applicable Information Reported.-- (1) Medicaid managed care rates.--Section 1834A(a)(8)(C) of the Social Security Act (42 U.S.C. 1395m- 1(b)(3)), as amended by paragraph (1), is amended-- (A) in subparagraph (A)-- (i) by striking ``test for 2017 and each succeeding year--'' and inserting ``test-- ``(i) for 2017 and each succeeding year''; (ii) in clause (i), as added by clause (i) of this subparagraph, by striking the period and inserting ``; and''; and (iii) by adding at the end the following new clause: ``(ii) for 2023 and each succeeding year, shall not result in an increase in payments for a clinical diagnostic laboratory test for the year of greater than the applicable percent (as defined in subparagraph (D)) of the amount of payment for the test for the preceding year. ``(ii) Other clinical diagnostic laboratory tests.--With respect to a clinical diagnostic laboratory test not described in clause (i), 5 percent.''. 1395m-1(b)(3)) is amended in the heading by striking ``reductions'' and inserting ``medicare payment changes''. (e) Regulations.--(1) Not later than December 31, 2023, the Secretary of Health and Human Services shall implement the amendments made by this section (other than subsection (d)) through notice and comment rulemaking.

To amend title XVIII of the Social Security Act to improve the accuracy of market-based Medicare payment for clinical diagnostic laboratory services, to reduce administrative burdens in the collection of data, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Saving Access to Laboratory Services Act''. SEC. 2. 1395m-1(a)(1)) is amended-- (A) in subparagraph (A), by striking ``Subject to subparagraph (B)'' and inserting ``Subject to subparagraphs (B) and (C)''; and (B) by adding at the end the following new subparagraph: ``(C) Use of statistical sampling for widely available clinical diagnostic laboratory tests.-- ``(i) In general.--Subject to clause (ii), with respect to data collection periods for reporting periods beginning on or after January 1, 2026, in the case of a widely available clinical diagnostic laboratory test (as defined in clause (iii)), in lieu of requiring the reporting of applicable information from each applicable laboratory, the Secretary shall require the collection and reporting of applicable information from a statistically valid sample of applicable laboratories for each such widely available clinical diagnostic laboratory test. ``(II) Number of laboratories performing the test.--The number of applicable laboratories receiving payments under this section for the clinical diagnostic laboratory test (as determined by the Secretary using the national provider identifier of the provider of services or supplier on the claim submitted for payment under this part for such test) exceeds 100.''. 1395m-1(a)(4)(B)) is amended by striking ``January 1, 2019, and ending June 30, 2019'' and inserting ``January 1, 2025, and ending June 30, 2025''. 1395m-1(a)(2)) is amended by striking ``In this section'' and all that follows through the period and inserting the following: ``Notwithstanding determinations of applicable laboratories made prior to January 1, 2024, the term `applicable laboratory' means a laboratory that receives at least $12,500 in payments under this section during the first 6 months of the calendar year immediately preceding the applicable data collection period.''. (c) Modifications to Applicable Information Reported.-- (1) Medicaid managed care rates.--Section 1834A(a)(8)(C) of the Social Security Act (42 U.S.C. 1395m- 1(a)(3)) is amended-- (A) in subparagraph (A), by striking ``subject to subparagraph (B),'' and inserting ``subject to subparagraphs (B) and (C)''; and (B) by adding at the end the following new subparagraph: ``(C) Exclusion of manual remittances.--An applicable laboratory for which less than 10 percent of its total paid claims during a data collection period are paid by private payors by means other than an electronic standard transaction (as defined in section 162.103 of title 45, Code of Federal Regulations (or any successor regulation)) may exclude from the definition of applicable information under this paragraph payments made by private payors that are not made through an electronic standard transaction.''. (d) Modification to Limits on Payment Reductions; Imposition of Annual Cap on Payment Increases.-- (1) Payment reduction limits.--Section 1834A(b)(3) of the Social Security Act (42 U.S.C. 1395m- 1(b)(3)), as amended by paragraph (1), is amended-- (A) in subparagraph (A)-- (i) by striking ``test for 2017 and each succeeding year--'' and inserting ``test-- ``(i) for 2017 and each succeeding year''; (ii) in clause (i), as added by clause (i) of this subparagraph, by striking the period and inserting ``; and''; and (iii) by adding at the end the following new clause: ``(ii) for 2023 and each succeeding year, shall not result in an increase in payments for a clinical diagnostic laboratory test for the year of greater than the applicable percent (as defined in subparagraph (D)) of the amount of payment for the test for the preceding year. ``(ii) Other clinical diagnostic laboratory tests.--With respect to a clinical diagnostic laboratory test not described in clause (i), 5 percent.''. 1395m-1(b)(3)) is amended in the heading by striking ``reductions'' and inserting ``medicare payment changes''. (e) Regulations.--(1) Not later than December 31, 2023, the Secretary of Health and Human Services shall implement the amendments made by this section (other than subsection (d)) through notice and comment rulemaking.

To amend title XVIII of the Social Security Act to improve the accuracy of market-based Medicare payment for clinical diagnostic laboratory services, to reduce administrative burdens in the collection of data, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Saving Access to Laboratory Services Act''. SEC. 2. 1395m-1(a)(1)) is amended-- (A) in subparagraph (A), by striking ``Subject to subparagraph (B)'' and inserting ``Subject to subparagraphs (B) and (C)''; and (B) by adding at the end the following new subparagraph: ``(C) Use of statistical sampling for widely available clinical diagnostic laboratory tests.-- ``(i) In general.--Subject to clause (ii), with respect to data collection periods for reporting periods beginning on or after January 1, 2026, in the case of a widely available clinical diagnostic laboratory test (as defined in clause (iii)), in lieu of requiring the reporting of applicable information from each applicable laboratory, the Secretary shall require the collection and reporting of applicable information from a statistically valid sample of applicable laboratories for each such widely available clinical diagnostic laboratory test. ``(II) Representative sampling.-- The methodology under subclause (I) for a statistically valid sample under clause (i) shall, for each applicable HCPCS code for a widely available clinical diagnostic laboratory test-- ``(aa) provide for a sample that allows for the payment amounts established under paragraph (2) of subsection (b) for such a test to be representative of rates paid by private payors to applicable laboratories receiving payment under this section, including independent laboratories, hospital laboratories, hospital outreach laboratories, and physician office laboratories that furnish the widely available clinical diagnostic laboratory test; ``(bb) include applicable information (as defined in paragraph (3)) with respect to such widely available clinical diagnostic laboratory test from such different types of applicable laboratories; and ``(cc) be of sufficient size to accurately and proportionally represent the range of private payor payment rates received by each such type of applicable laboratory weighted according to the utilization rates of each type of applicable laboratory for the widely available clinical diagnostic laboratory test during the first 6 months of the calendar year immediately preceding the data collection period applicable to the sample to be collected. ``(III) Least burdensome data collection and reporting processes.-- The methodology developed by the Secretary shall be designed to reduce administrative burdens of data collection and reporting on applicable laboratories and the Centers for Medicare & Medicaid Services to the greatest extent practicable. ``(IV) Publication of list of widely available clinical diagnostic laboratory tests and notification to applicable laboratories required to report applicable information.--Not later than September 30 of the year immediately preceding each data collection period (as defined in paragraph (4)), the Secretary shall publish in the Federal Register a list of widely available clinical diagnostic laboratory tests and shall directly notify applicable laboratories required to report applicable information under this subsection. ``(II) Number of laboratories performing the test.--The number of applicable laboratories receiving payments under this section for the clinical diagnostic laboratory test (as determined by the Secretary using the national provider identifier of the provider of services or supplier on the claim submitted for payment under this part for such test) exceeds 100.''. 1395m-1(a)(4)(B)) is amended by striking ``January 1, 2019, and ending June 30, 2019'' and inserting ``January 1, 2025, and ending June 30, 2025''. 1395m-1(a)(2)) is amended by striking ``In this section'' and all that follows through the period and inserting the following: ``Notwithstanding determinations of applicable laboratories made prior to January 1, 2024, the term `applicable laboratory' means a laboratory that receives at least $12,500 in payments under this section during the first 6 months of the calendar year immediately preceding the applicable data collection period.''. (c) Modifications to Applicable Information Reported.-- (1) Medicaid managed care rates.--Section 1834A(a)(8)(C) of the Social Security Act (42 U.S.C. 1395m- 1(a)(3)) is amended-- (A) in subparagraph (A), by striking ``subject to subparagraph (B),'' and inserting ``subject to subparagraphs (B) and (C)''; and (B) by adding at the end the following new subparagraph: ``(C) Exclusion of manual remittances.--An applicable laboratory for which less than 10 percent of its total paid claims during a data collection period are paid by private payors by means other than an electronic standard transaction (as defined in section 162.103 of title 45, Code of Federal Regulations (or any successor regulation)) may exclude from the definition of applicable information under this paragraph payments made by private payors that are not made through an electronic standard transaction.''. (d) Modification to Limits on Payment Reductions; Imposition of Annual Cap on Payment Increases.-- (1) Payment reduction limits.--Section 1834A(b)(3) of the Social Security Act (42 U.S.C. 1395m- 1(b)(3)), as amended by paragraph (1), is amended-- (A) in subparagraph (A)-- (i) by striking ``test for 2017 and each succeeding year--'' and inserting ``test-- ``(i) for 2017 and each succeeding year''; (ii) in clause (i), as added by clause (i) of this subparagraph, by striking the period and inserting ``; and''; and (iii) by adding at the end the following new clause: ``(ii) for 2023 and each succeeding year, shall not result in an increase in payments for a clinical diagnostic laboratory test for the year of greater than the applicable percent (as defined in subparagraph (D)) of the amount of payment for the test for the preceding year. ``(ii) Other clinical diagnostic laboratory tests.--With respect to a clinical diagnostic laboratory test not described in clause (i), 5 percent.''. 1395m-1(b)(3)) is amended in the heading by striking ``reductions'' and inserting ``medicare payment changes''. (e) Regulations.--(1) Not later than December 31, 2023, the Secretary of Health and Human Services shall implement the amendments made by this section (other than subsection (d)) through notice and comment rulemaking.

To amend title XVIII of the Social Security Act to improve the accuracy of market-based Medicare payment for clinical diagnostic laboratory services, to reduce administrative burdens in the collection of data, and for other purposes. This Act may be cited as the ``Saving Access to Laboratory Services Act''. ``(ii) Requirements for statistical sampling.-- ``(I) In general.--The Secretary, in consultation with stakeholders, shall develop a methodology for a statistically valid sample under clause (i), using the maximal brewer selection method, as described in the June 2021 Medicare Payment Access Commission Report to the Congress, to establish the payment amount for a widely available clinical diagnostic laboratory test under paragraph (2) of subsection (b) for each applicable HCPCS code for a widely available clinical diagnostic laboratory test. ``(III) Least burdensome data collection and reporting processes.-- The methodology developed by the Secretary shall be designed to reduce administrative burdens of data collection and reporting on applicable laboratories and the Centers for Medicare & Medicaid Services to the greatest extent practicable. ``(IV) Publication of list of widely available clinical diagnostic laboratory tests and notification to applicable laboratories required to report applicable information.--Not later than September 30 of the year immediately preceding each data collection period (as defined in paragraph (4)), the Secretary shall publish in the Federal Register a list of widely available clinical diagnostic laboratory tests and shall directly notify applicable laboratories required to report applicable information under this subsection. ``(iii) Definition of widely available clinical diagnostic laboratory test.--In this subparagraph, the term `widely available clinical diagnostic laboratory test' means a clinical diagnostic laboratory test that meets both of the following criteria during the first 6 months of the calendar year immediately preceding the data collection period applicable to the sample to be collected: ``(I) Payment rate.--The payment amount determined for the clinical diagnostic laboratory test under this section is less than $1,000 per test. 1395m-1(a)(1)(B)) is amended-- (i) in clause (i), by striking ``December 31, 2022'' and inserting ``December 31, 2024''; (ii) in clause (ii), by striking ``beginning January 1, 2023, and ending March 31, 2023'' and inserting ``beginning January 1, 2026, and ending March 31, 2026''; and (iii) in clause (iii) by striking ``every three years'' and inserting ``every four years''. ( b) Elimination of Majority of Medicare Revenues Test.--The first sentence of section 1834A(a)(2) of the Social Security Act (42 U.S.C. 1395m-1(a)(2)) is amended by striking ``In this section'' and all that follows through the period and inserting the following: ``Notwithstanding determinations of applicable laboratories made prior to January 1, 2024, the term `applicable laboratory' means a laboratory that receives at least $12,500 in payments under this section during the first 6 months of the calendar year immediately preceding the applicable data collection period.''. ( 1395m-1(a)(8)(C)) is amended by striking ``A medicaid managed care organization'' and inserting ``With respect to data collection periods for reporting periods beginning before January 1, 2026, a medicaid managed care organization (as defined in section 1903(m))''. ( d) Modification to Limits on Payment Reductions; Imposition of Annual Cap on Payment Increases.-- (1) Payment reduction limits.--Section 1834A(b)(3) of the Social Security Act (42 U.S.C. 1395m-1(b)(3)) is amended-- (A) in subparagraph (A), by striking ``for each of 2017 through 2025'' and inserting ``for 2017 and each succeeding year''; and (B) in subparagraph (B)-- (i) in clause (ii), by striking ``and'' at the end; and (ii) by striking clause (iii) and inserting the following: ``(iii) for 2023, 0 percent; ``(iv) for 2024, 2.5 percent; and ``(v) for 2025 and each subsequent year, 5 percent.''. ( ``(ii) Other clinical diagnostic laboratory tests.--With respect to a clinical diagnostic laboratory test not described in clause (i), 5 percent.''. ( e) Regulations.--(1) Not later than December 31, 2023, the Secretary of Health and Human Services shall implement the amendments made by this section (other than subsection (d)) through notice and comment rulemaking. (

To amend title XVIII of the Social Security Act to improve the accuracy of market-based Medicare payment for clinical diagnostic laboratory services, to reduce administrative burdens in the collection of data, and for other purposes. ``(ii) Requirements for statistical sampling.-- ``(I) In general.--The Secretary, in consultation with stakeholders, shall develop a methodology for a statistically valid sample under clause (i), using the maximal brewer selection method, as described in the June 2021 Medicare Payment Access Commission Report to the Congress, to establish the payment amount for a widely available clinical diagnostic laboratory test under paragraph (2) of subsection (b) for each applicable HCPCS code for a widely available clinical diagnostic laboratory test. ``(III) Least burdensome data collection and reporting processes.-- The methodology developed by the Secretary shall be designed to reduce administrative burdens of data collection and reporting on applicable laboratories and the Centers for Medicare & Medicaid Services to the greatest extent practicable. ``(iii) Definition of widely available clinical diagnostic laboratory test.--In this subparagraph, the term `widely available clinical diagnostic laboratory test' means a clinical diagnostic laboratory test that meets both of the following criteria during the first 6 months of the calendar year immediately preceding the data collection period applicable to the sample to be collected: ``(I) Payment rate.--The payment amount determined for the clinical diagnostic laboratory test under this section is less than $1,000 per test. ``(II) Number of laboratories performing the test.--The number of applicable laboratories receiving payments under this section for the clinical diagnostic laboratory test (as determined by the Secretary using the national provider identifier of the provider of services or supplier on the claim submitted for payment under this part for such test) exceeds 100.''. ( b) Elimination of Majority of Medicare Revenues Test.--The first sentence of section 1834A(a)(2) of the Social Security Act (42 U.S.C. 1395m-1(a)(2)) is amended by striking ``In this section'' and all that follows through the period and inserting the following: ``Notwithstanding determinations of applicable laboratories made prior to January 1, 2024, the term `applicable laboratory' means a laboratory that receives at least $12,500 in payments under this section during the first 6 months of the calendar year immediately preceding the applicable data collection period.''. ( ``(ii) Other clinical diagnostic laboratory tests.--With respect to a clinical diagnostic laboratory test not described in clause (i), 5 percent.''. ( e) Regulations.--(1) Not later than December 31, 2023, the Secretary of Health and Human Services shall implement the amendments made by this section (other than subsection (d)) through notice and comment rulemaking. (

To amend title XVIII of the Social Security Act to improve the accuracy of market-based Medicare payment for clinical diagnostic laboratory services, to reduce administrative burdens in the collection of data, and for other purposes. ``(ii) Requirements for statistical sampling.-- ``(I) In general.--The Secretary, in consultation with stakeholders, shall develop a methodology for a statistically valid sample under clause (i), using the maximal brewer selection method, as described in the June 2021 Medicare Payment Access Commission Report to the Congress, to establish the payment amount for a widely available clinical diagnostic laboratory test under paragraph (2) of subsection (b) for each applicable HCPCS code for a widely available clinical diagnostic laboratory test. ``(III) Least burdensome data collection and reporting processes.-- The methodology developed by the Secretary shall be designed to reduce administrative burdens of data collection and reporting on applicable laboratories and the Centers for Medicare & Medicaid Services to the greatest extent practicable. ``(iii) Definition of widely available clinical diagnostic laboratory test.--In this subparagraph, the term `widely available clinical diagnostic laboratory test' means a clinical diagnostic laboratory test that meets both of the following criteria during the first 6 months of the calendar year immediately preceding the data collection period applicable to the sample to be collected: ``(I) Payment rate.--The payment amount determined for the clinical diagnostic laboratory test under this section is less than $1,000 per test. ``(II) Number of laboratories performing the test.--The number of applicable laboratories receiving payments under this section for the clinical diagnostic laboratory test (as determined by the Secretary using the national provider identifier of the provider of services or supplier on the claim submitted for payment under this part for such test) exceeds 100.''. ( b) Elimination of Majority of Medicare Revenues Test.--The first sentence of section 1834A(a)(2) of the Social Security Act (42 U.S.C. 1395m-1(a)(2)) is amended by striking ``In this section'' and all that follows through the period and inserting the following: ``Notwithstanding determinations of applicable laboratories made prior to January 1, 2024, the term `applicable laboratory' means a laboratory that receives at least $12,500 in payments under this section during the first 6 months of the calendar year immediately preceding the applicable data collection period.''. ( ``(ii) Other clinical diagnostic laboratory tests.--With respect to a clinical diagnostic laboratory test not described in clause (i), 5 percent.''. ( e) Regulations.--(1) Not later than December 31, 2023, the Secretary of Health and Human Services shall implement the amendments made by this section (other than subsection (d)) through notice and comment rulemaking. (

To amend title XVIII of the Social Security Act to improve the accuracy of market-based Medicare payment for clinical diagnostic laboratory services, to reduce administrative burdens in the collection of data, and for other purposes. This Act may be cited as the ``Saving Access to Laboratory Services Act''. ``(ii) Requirements for statistical sampling.-- ``(I) In general.--The Secretary, in consultation with stakeholders, shall develop a methodology for a statistically valid sample under clause (i), using the maximal brewer selection method, as described in the June 2021 Medicare Payment Access Commission Report to the Congress, to establish the payment amount for a widely available clinical diagnostic laboratory test under paragraph (2) of subsection (b) for each applicable HCPCS code for a widely available clinical diagnostic laboratory test. ``(III) Least burdensome data collection and reporting processes.-- The methodology developed by the Secretary shall be designed to reduce administrative burdens of data collection and reporting on applicable laboratories and the Centers for Medicare & Medicaid Services to the greatest extent practicable. ``(IV) Publication of list of widely available clinical diagnostic laboratory tests and notification to applicable laboratories required to report applicable information.--Not later than September 30 of the year immediately preceding each data collection period (as defined in paragraph (4)), the Secretary shall publish in the Federal Register a list of widely available clinical diagnostic laboratory tests and shall directly notify applicable laboratories required to report applicable information under this subsection. ``(iii) Definition of widely available clinical diagnostic laboratory test.--In this subparagraph, the term `widely available clinical diagnostic laboratory test' means a clinical diagnostic laboratory test that meets both of the following criteria during the first 6 months of the calendar year immediately preceding the data collection period applicable to the sample to be collected: ``(I) Payment rate.--The payment amount determined for the clinical diagnostic laboratory test under this section is less than $1,000 per test. 1395m-1(a)(1)(B)) is amended-- (i) in clause (i), by striking ``December 31, 2022'' and inserting ``December 31, 2024''; (ii) in clause (ii), by striking ``beginning January 1, 2023, and ending March 31, 2023'' and inserting ``beginning January 1, 2026, and ending March 31, 2026''; and (iii) in clause (iii) by striking ``every three years'' and inserting ``every four years''. ( b) Elimination of Majority of Medicare Revenues Test.--The first sentence of section 1834A(a)(2) of the Social Security Act (42 U.S.C. 1395m-1(a)(2)) is amended by striking ``In this section'' and all that follows through the period and inserting the following: ``Notwithstanding determinations of applicable laboratories made prior to January 1, 2024, the term `applicable laboratory' means a laboratory that receives at least $12,500 in payments under this section during the first 6 months of the calendar year immediately preceding the applicable data collection period.''. ( 1395m-1(a)(8)(C)) is amended by striking ``A medicaid managed care organization'' and inserting ``With respect to data collection periods for reporting periods beginning before January 1, 2026, a medicaid managed care organization (as defined in section 1903(m))''. ( d) Modification to Limits on Payment Reductions; Imposition of Annual Cap on Payment Increases.-- (1) Payment reduction limits.--Section 1834A(b)(3) of the Social Security Act (42 U.S.C. 1395m-1(b)(3)) is amended-- (A) in subparagraph (A), by striking ``for each of 2017 through 2025'' and inserting ``for 2017 and each succeeding year''; and (B) in subparagraph (B)-- (i) in clause (ii), by striking ``and'' at the end; and (ii) by striking clause (iii) and inserting the following: ``(iii) for 2023, 0 percent; ``(iv) for 2024, 2.5 percent; and ``(v) for 2025 and each subsequent year, 5 percent.''. ( ``(ii) Other clinical diagnostic laboratory tests.--With respect to a clinical diagnostic laboratory test not described in clause (i), 5 percent.''. ( e) Regulations.--(1) Not later than December 31, 2023, the Secretary of Health and Human Services shall implement the amendments made by this section (other than subsection (d)) through notice and comment rulemaking. (

To amend title XVIII of the Social Security Act to improve the accuracy of market-based Medicare payment for clinical diagnostic laboratory services, to reduce administrative burdens in the collection of data, and for other purposes. ``(ii) Requirements for statistical sampling.-- ``(I) In general.--The Secretary, in consultation with stakeholders, shall develop a methodology for a statistically valid sample under clause (i), using the maximal brewer selection method, as described in the June 2021 Medicare Payment Access Commission Report to the Congress, to establish the payment amount for a widely available clinical diagnostic laboratory test under paragraph (2) of subsection (b) for each applicable HCPCS code for a widely available clinical diagnostic laboratory test. ``(III) Least burdensome data collection and reporting processes.-- The methodology developed by the Secretary shall be designed to reduce administrative burdens of data collection and reporting on applicable laboratories and the Centers for Medicare & Medicaid Services to the greatest extent practicable. ``(iii) Definition of widely available clinical diagnostic laboratory test.--In this subparagraph, the term `widely available clinical diagnostic laboratory test' means a clinical diagnostic laboratory test that meets both of the following criteria during the first 6 months of the calendar year immediately preceding the data collection period applicable to the sample to be collected: ``(I) Payment rate.--The payment amount determined for the clinical diagnostic laboratory test under this section is less than $1,000 per test. ``(II) Number of laboratories performing the test.--The number of applicable laboratories receiving payments under this section for the clinical diagnostic laboratory test (as determined by the Secretary using the national provider identifier of the provider of services or supplier on the claim submitted for payment under this part for such test) exceeds 100.''. ( b) Elimination of Majority of Medicare Revenues Test.--The first sentence of section 1834A(a)(2) of the Social Security Act (42 U.S.C. 1395m-1(a)(2)) is amended by striking ``In this section'' and all that follows through the period and inserting the following: ``Notwithstanding determinations of applicable laboratories made prior to January 1, 2024, the term `applicable laboratory' means a laboratory that receives at least $12,500 in payments under this section during the first 6 months of the calendar year immediately preceding the applicable data collection period.''. ( ``(ii) Other clinical diagnostic laboratory tests.--With respect to a clinical diagnostic laboratory test not described in clause (i), 5 percent.''. ( e) Regulations.--(1) Not later than December 31, 2023, the Secretary of Health and Human Services shall implement the amendments made by this section (other than subsection (d)) through notice and comment rulemaking. (

To amend title XVIII of the Social Security Act to improve the accuracy of market-based Medicare payment for clinical diagnostic laboratory services, to reduce administrative burdens in the collection of data, and for other purposes. This Act may be cited as the ``Saving Access to Laboratory Services Act''. ``(ii) Requirements for statistical sampling.-- ``(I) In general.--The Secretary, in consultation with stakeholders, shall develop a methodology for a statistically valid sample under clause (i), using the maximal brewer selection method, as described in the June 2021 Medicare Payment Access Commission Report to the Congress, to establish the payment amount for a widely available clinical diagnostic laboratory test under paragraph (2) of subsection (b) for each applicable HCPCS code for a widely available clinical diagnostic laboratory test. ``(III) Least burdensome data collection and reporting processes.-- The methodology developed by the Secretary shall be designed to reduce administrative burdens of data collection and reporting on applicable laboratories and the Centers for Medicare & Medicaid Services to the greatest extent practicable. ``(IV) Publication of list of widely available clinical diagnostic laboratory tests and notification to applicable laboratories required to report applicable information.--Not later than September 30 of the year immediately preceding each data collection period (as defined in paragraph (4)), the Secretary shall publish in the Federal Register a list of widely available clinical diagnostic laboratory tests and shall directly notify applicable laboratories required to report applicable information under this subsection. ``(iii) Definition of widely available clinical diagnostic laboratory test.--In this subparagraph, the term `widely available clinical diagnostic laboratory test' means a clinical diagnostic laboratory test that meets both of the following criteria during the first 6 months of the calendar year immediately preceding the data collection period applicable to the sample to be collected: ``(I) Payment rate.--The payment amount determined for the clinical diagnostic laboratory test under this section is less than $1,000 per test. 1395m-1(a)(1)(B)) is amended-- (i) in clause (i), by striking ``December 31, 2022'' and inserting ``December 31, 2024''; (ii) in clause (ii), by striking ``beginning January 1, 2023, and ending March 31, 2023'' and inserting ``beginning January 1, 2026, and ending March 31, 2026''; and (iii) in clause (iii) by striking ``every three years'' and inserting ``every four years''. ( b) Elimination of Majority of Medicare Revenues Test.--The first sentence of section 1834A(a)(2) of the Social Security Act (42 U.S.C. 1395m-1(a)(2)) is amended by striking ``In this section'' and all that follows through the period and inserting the following: ``Notwithstanding determinations of applicable laboratories made prior to January 1, 2024, the term `applicable laboratory' means a laboratory that receives at least $12,500 in payments under this section during the first 6 months of the calendar year immediately preceding the applicable data collection period.''. ( 1395m-1(a)(8)(C)) is amended by striking ``A medicaid managed care organization'' and inserting ``With respect to data collection periods for reporting periods beginning before January 1, 2026, a medicaid managed care organization (as defined in section 1903(m))''. ( d) Modification to Limits on Payment Reductions; Imposition of Annual Cap on Payment Increases.-- (1) Payment reduction limits.--Section 1834A(b)(3) of the Social Security Act (42 U.S.C. 1395m-1(b)(3)) is amended-- (A) in subparagraph (A), by striking ``for each of 2017 through 2025'' and inserting ``for 2017 and each succeeding year''; and (B) in subparagraph (B)-- (i) in clause (ii), by striking ``and'' at the end; and (ii) by striking clause (iii) and inserting the following: ``(iii) for 2023, 0 percent; ``(iv) for 2024, 2.5 percent; and ``(v) for 2025 and each subsequent year, 5 percent.''. ( ``(ii) Other clinical diagnostic laboratory tests.--With respect to a clinical diagnostic laboratory test not described in clause (i), 5 percent.''. ( e) Regulations.--(1) Not later than December 31, 2023, the Secretary of Health and Human Services shall implement the amendments made by this section (other than subsection (d)) through notice and comment rulemaking. (

To amend title XVIII of the Social Security Act to improve the accuracy of market-based Medicare payment for clinical diagnostic laboratory services, to reduce administrative burdens in the collection of data, and for other purposes. ``(ii) Requirements for statistical sampling.-- ``(I) In general.--The Secretary, in consultation with stakeholders, shall develop a methodology for a statistically valid sample under clause (i), using the maximal brewer selection method, as described in the June 2021 Medicare Payment Access Commission Report to the Congress, to establish the payment amount for a widely available clinical diagnostic laboratory test under paragraph (2) of subsection (b) for each applicable HCPCS code for a widely available clinical diagnostic laboratory test. ``(III) Least burdensome data collection and reporting processes.-- The methodology developed by the Secretary shall be designed to reduce administrative burdens of data collection and reporting on applicable laboratories and the Centers for Medicare & Medicaid Services to the greatest extent practicable. ``(iii) Definition of widely available clinical diagnostic laboratory test.--In this subparagraph, the term `widely available clinical diagnostic laboratory test' means a clinical diagnostic laboratory test that meets both of the following criteria during the first 6 months of the calendar year immediately preceding the data collection period applicable to the sample to be collected: ``(I) Payment rate.--The payment amount determined for the clinical diagnostic laboratory test under this section is less than $1,000 per test. ``(II) Number of laboratories performing the test.--The number of applicable laboratories receiving payments under this section for the clinical diagnostic laboratory test (as determined by the Secretary using the national provider identifier of the provider of services or supplier on the claim submitted for payment under this part for such test) exceeds 100.''. ( b) Elimination of Majority of Medicare Revenues Test.--The first sentence of section 1834A(a)(2) of the Social Security Act (42 U.S.C. 1395m-1(a)(2)) is amended by striking ``In this section'' and all that follows through the period and inserting the following: ``Notwithstanding determinations of applicable laboratories made prior to January 1, 2024, the term `applicable laboratory' means a laboratory that receives at least $12,500 in payments under this section during the first 6 months of the calendar year immediately preceding the applicable data collection period.''. ( ``(ii) Other clinical diagnostic laboratory tests.--With respect to a clinical diagnostic laboratory test not described in clause (i), 5 percent.''. ( e) Regulations.--(1) Not later than December 31, 2023, the Secretary of Health and Human Services shall implement the amendments made by this section (other than subsection (d)) through notice and comment rulemaking. (

To amend title XVIII of the Social Security Act to improve the accuracy of market-based Medicare payment for clinical diagnostic laboratory services, to reduce administrative burdens in the collection of data, and for other purposes. ``(ii) Requirements for statistical sampling.-- ``(I) In general.--The Secretary, in consultation with stakeholders, shall develop a methodology for a statistically valid sample under clause (i), using the maximal brewer selection method, as described in the June 2021 Medicare Payment Access Commission Report to the Congress, to establish the payment amount for a widely available clinical diagnostic laboratory test under paragraph (2) of subsection (b) for each applicable HCPCS code for a widely available clinical diagnostic laboratory test. ``(iii) Definition of widely available clinical diagnostic laboratory test.--In this subparagraph, the term `widely available clinical diagnostic laboratory test' means a clinical diagnostic laboratory test that meets both of the following criteria during the first 6 months of the calendar year immediately preceding the data collection period applicable to the sample to be collected: ``(I) Payment rate.--The payment amount determined for the clinical diagnostic laboratory test under this section is less than $1,000 per test. 1395m-1(a)(1)(B)) is amended-- (i) in clause (i), by striking ``December 31, 2022'' and inserting ``December 31, 2024''; (ii) in clause (ii), by striking ``beginning January 1, 2023, and ending March 31, 2023'' and inserting ``beginning January 1, 2026, and ending March 31, 2026''; and (iii) in clause (iii) by striking ``every three years'' and inserting ``every four years''. ( ( 1395m-1(a)(8)(C)) is amended by striking ``A medicaid managed care organization'' and inserting ``With respect to data collection periods for reporting periods beginning before January 1, 2026, a medicaid managed care organization (as defined in section 1903(m))''. ( e) Regulations.--(1) Not later than December 31, 2023, the Secretary of Health and Human Services shall implement the amendments made by this section (other than subsection (d)) through notice and comment rulemaking. (

To amend title XVIII of the Social Security Act to improve the accuracy of market-based Medicare payment for clinical diagnostic laboratory services, to reduce administrative burdens in the collection of data, and for other purposes. ``(iii) Definition of widely available clinical diagnostic laboratory test.--In this subparagraph, the term `widely available clinical diagnostic laboratory test' means a clinical diagnostic laboratory test that meets both of the following criteria during the first 6 months of the calendar year immediately preceding the data collection period applicable to the sample to be collected: ``(I) Payment rate.--The payment amount determined for the clinical diagnostic laboratory test under this section is less than $1,000 per test. 1395m-1(a)(2)) is amended by striking ``In this section'' and all that follows through the period and inserting the following: ``Notwithstanding determinations of applicable laboratories made prior to January 1, 2024, the term `applicable laboratory' means a laboratory that receives at least $12,500 in payments under this section during the first 6 months of the calendar year immediately preceding the applicable data collection period.''. ( e) Regulations.--(1) Not later than December 31, 2023, the Secretary of Health and Human Services shall implement the amendments made by this section (other than subsection (d)) through notice and comment rulemaking. (

To amend title XVIII of the Social Security Act to improve the accuracy of market-based Medicare payment for clinical diagnostic laboratory services, to reduce administrative burdens in the collection of data, and for other purposes. ``(ii) Requirements for statistical sampling.-- ``(I) In general.--The Secretary, in consultation with stakeholders, shall develop a methodology for a statistically valid sample under clause (i), using the maximal brewer selection method, as described in the June 2021 Medicare Payment Access Commission Report to the Congress, to establish the payment amount for a widely available clinical diagnostic laboratory test under paragraph (2) of subsection (b) for each applicable HCPCS code for a widely available clinical diagnostic laboratory test. ``(iii) Definition of widely available clinical diagnostic laboratory test.--In this subparagraph, the term `widely available clinical diagnostic laboratory test' means a clinical diagnostic laboratory test that meets both of the following criteria during the first 6 months of the calendar year immediately preceding the data collection period applicable to the sample to be collected: ``(I) Payment rate.--The payment amount determined for the clinical diagnostic laboratory test under this section is less than $1,000 per test. 1395m-1(a)(1)(B)) is amended-- (i) in clause (i), by striking ``December 31, 2022'' and inserting ``December 31, 2024''; (ii) in clause (ii), by striking ``beginning January 1, 2023, and ending March 31, 2023'' and inserting ``beginning January 1, 2026, and ending March 31, 2026''; and (iii) in clause (iii) by striking ``every three years'' and inserting ``every four years''. ( ( 1395m-1(a)(8)(C)) is amended by striking ``A medicaid managed care organization'' and inserting ``With respect to data collection periods for reporting periods beginning before January 1, 2026, a medicaid managed care organization (as defined in section 1903(m))''. ( e) Regulations.--(1) Not later than December 31, 2023, the Secretary of Health and Human Services shall implement the amendments made by this section (other than subsection (d)) through notice and comment rulemaking. (

Saving Access to Laboratory Services Act This bill amends title XVIII (Medicare) of the Social Security Act to require the Secretary of Health and Human Services (HHS) to develop a methodology to establish the payment amount for a widely available clinical diagnostic laboratory test, using the maximal brewer selection method, for each applicable HCPCS code for such a test. HHS shall require the Amends title XVIII (Medicaid) of the Social Security Act to: (1) authorize a medicaid managed care organization to exclude payments made by private payors that are not made through an electronic standard transaction from the definition of applicable information under this Act; (2) modify the limits on payment reductions; (3) impose an annual cap on payment rate increases; and

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

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.

2. LIGHT RAIL TRANSIT PROGRAM. (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. 3. (a) Federal Share.-- (1) In general.--The Federal share of a grant under this Act shall not exceed 85 percent. SEC. 5. (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. (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).

2. LIGHT RAIL TRANSIT PROGRAM. (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. 3. (a) Federal Share.-- (1) In general.--The Federal share of a grant under this Act shall not exceed 85 percent. SEC. 5. (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).

2. LIGHT RAIL TRANSIT PROGRAM. (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. 3. SPECIAL RULES FOR TRIBES. 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. (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. 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. (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).

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. 2. LIGHT RAIL TRANSIT PROGRAM. (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. (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. 3. SPECIAL RULES FOR TRIBES. 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. (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. (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).

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

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

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

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

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

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

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

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

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

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

Light Rail Transit Act - Directs the Secretary of Transportation, acting through the Administrator of the Federal Transit Administration (FTA), to establish a program to provide grants to eligible public entities for the design and implementation of covered light rail transit systems. (A "covered light rail system" is a system that provides frequent, reliable, interconnected light rail service to expand racial, economic, and environmental Authorizes no financial assistance under Federal transportation law to be used for an automated vehicle providing public transportation unless the recipient of such assistance certifies to the Secretary of Transportation (DOT) that the deployment does not eliminate or reduce the frequency of existing public transportation service. Requires the recipient to: (1) have a publicly owned light rail transit system that has accessibility for all customers, including those

H.R.8188

Health

Saving Access to Laboratory Services Act This bill modifies provisions relating to Medicare payment rates for clinical diagnostic laboratory services, including by requiring payment rates for certain widely available clinical diagnostic laboratory tests to be based on a statistical sampling of private sector rates.

To amend title XVIII of the Social Security Act to improve the accuracy of market-based Medicare payment for clinical diagnostic laboratory services, to reduce administrative burdens in the collection of data, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Saving Access to Laboratory Services Act''. SEC. 2. MODIFICATION OF REQUIREMENTS FOR MEDICARE CLINICAL DIAGNOSTIC LABORATORY TESTS. (a) Use of Statistical Sampling for Widely Available Clinical Diagnostic Laboratory Tests.-- (1) In general.--Section 1834A(a)(1) of the Social Security Act (42 U.S.C. 1395m-1(a)(1)) is amended-- (A) in subparagraph (A), by striking ``Subject to subparagraph (B)'' and inserting ``Subject to subparagraphs (B) and (C)''; and (B) by adding at the end the following new subparagraph: ``(C) Use of statistical sampling for widely available clinical diagnostic laboratory tests.-- ``(i) In general.--Subject to clause (ii), with respect to data collection periods for reporting periods beginning on or after January 1, 2026, in the case of a widely available clinical diagnostic laboratory test (as defined in clause (iii)), in lieu of requiring the reporting of applicable information from each applicable laboratory, the Secretary shall require the collection and reporting of applicable information from a statistically valid sample of applicable laboratories for each such widely available clinical diagnostic laboratory test. ``(ii) Requirements for statistical sampling.-- ``(I) In general.--The Secretary, in consultation with stakeholders, shall develop a methodology for a statistically valid sample under clause (i), using the maximal brewer selection method, as described in the June 2021 Medicare Payment Access Commission Report to the Congress, to establish the payment amount for a widely available clinical diagnostic laboratory test under paragraph (2) of subsection (b) for each applicable HCPCS code for a widely available clinical diagnostic laboratory test. ``(II) Representative sampling.-- The methodology under subclause (I) for a statistically valid sample under clause (i) shall, for each applicable HCPCS code for a widely available clinical diagnostic laboratory test-- ``(aa) provide for a sample that allows for the payment amounts established under paragraph (2) of subsection (b) for such a test to be representative of rates paid by private payors to applicable laboratories receiving payment under this section, including independent laboratories, hospital laboratories, hospital outreach laboratories, and physician office laboratories that furnish the widely available clinical diagnostic laboratory test; ``(bb) include applicable information (as defined in paragraph (3)) with respect to such widely available clinical diagnostic laboratory test from such different types of applicable laboratories; and ``(cc) be of sufficient size to accurately and proportionally represent the range of private payor payment rates received by each such type of applicable laboratory weighted according to the utilization rates of each type of applicable laboratory for the widely available clinical diagnostic laboratory test during the first 6 months of the calendar year immediately preceding the data collection period applicable to the sample to be collected. ``(III) Least burdensome data collection and reporting processes.-- The methodology developed by the Secretary shall be designed to reduce administrative burdens of data collection and reporting on applicable laboratories and the Centers for Medicare & Medicaid Services to the greatest extent practicable. ``(IV) Publication of list of widely available clinical diagnostic laboratory tests and notification to applicable laboratories required to report applicable information.--Not later than September 30 of the year immediately preceding each data collection period (as defined in paragraph (4)), the Secretary shall publish in the Federal Register a list of widely available clinical diagnostic laboratory tests and shall directly notify applicable laboratories required to report applicable information under this subsection. ``(iii) Definition of widely available clinical diagnostic laboratory test.--In this subparagraph, the term `widely available clinical diagnostic laboratory test' means a clinical diagnostic laboratory test that meets both of the following criteria during the first 6 months of the calendar year immediately preceding the data collection period applicable to the sample to be collected: ``(I) Payment rate.--The payment amount determined for the clinical diagnostic laboratory test under this section is less than $1,000 per test. ``(II) Number of laboratories performing the test.--The number of applicable laboratories receiving payments under this section for the clinical diagnostic laboratory test (as determined by the Secretary using the national provider identifier of the provider of services or supplier on the claim submitted for payment under this part for such test) exceeds 100.''. (2) Delays to revised reporting periods and reporting period frequency.-- (A) In general.--Section 1834A(a)(1)(B) of the Social Security Act (42 U.S.C. 1395m-1(a)(1)(B)) is amended-- (i) in clause (i), by striking ``December 31, 2022'' and inserting ``December 31, 2024''; (ii) in clause (ii), by striking ``beginning January 1, 2023, and ending March 31, 2023'' and inserting ``beginning January 1, 2026, and ending March 31, 2026''; and (iii) in clause (iii) by striking ``every three years'' and inserting ``every four years''. (B) Conforming change to definition of data collection period.--Section 1834A(a)(4)(B) of the Social Security Act (42 U.S.C. 1395m-1(a)(4)(B)) is amended by striking ``January 1, 2019, and ending June 30, 2019'' and inserting ``January 1, 2025, and ending June 30, 2025''. (b) Elimination of Majority of Medicare Revenues Test.--The first sentence of section 1834A(a)(2) of the Social Security Act (42 U.S.C. 1395m-1(a)(2)) is amended by striking ``In this section'' and all that follows through the period and inserting the following: ``Notwithstanding determinations of applicable laboratories made prior to January 1, 2024, the term `applicable laboratory' means a laboratory that receives at least $12,500 in payments under this section during the first 6 months of the calendar year immediately preceding the applicable data collection period.''. (c) Modifications to Applicable Information Reported.-- (1) Medicaid managed care rates.--Section 1834A(a)(8)(C) of the Social Security Act (42 U.S.C. 1395m-1(a)(8)(C)) is amended by striking ``A medicaid managed care organization'' and inserting ``With respect to data collection periods for reporting periods beginning before January 1, 2026, a medicaid managed care organization (as defined in section 1903(m))''. (2) Authority to exclude manual remittances.--Section 1834A(a)(3) of the Social Security Act (42 U.S.C. 1395m- 1(a)(3)) is amended-- (A) in subparagraph (A), by striking ``subject to subparagraph (B),'' and inserting ``subject to subparagraphs (B) and (C)''; and (B) by adding at the end the following new subparagraph: ``(C) Exclusion of manual remittances.--An applicable laboratory for which less than 10 percent of its total paid claims during a data collection period are paid by private payors by means other than an electronic standard transaction (as defined in section 162.103 of title 45, Code of Federal Regulations (or any successor regulation)) may exclude from the definition of applicable information under this paragraph payments made by private payors that are not made through an electronic standard transaction.''. (d) Modification to Limits on Payment Reductions; Imposition of Annual Cap on Payment Increases.-- (1) Payment reduction limits.--Section 1834A(b)(3) of the Social Security Act (42 U.S.C. 1395m-1(b)(3)) is amended-- (A) in subparagraph (A), by striking ``for each of 2017 through 2025'' and inserting ``for 2017 and each succeeding year''; and (B) in subparagraph (B)-- (i) in clause (ii), by striking ``and'' at the end; and (ii) by striking clause (iii) and inserting the following: ``(iii) for 2023, 0 percent; ``(iv) for 2024, 2.5 percent; and ``(v) for 2025 and each subsequent year, 5 percent.''. (2) Annual cap on payment rate increases.--Section 1834A(b)(3) of the Social Security Act (42 U.S.C. 1395m- 1(b)(3)), as amended by paragraph (1), is amended-- (A) in subparagraph (A)-- (i) by striking ``test for 2017 and each succeeding year--'' and inserting ``test-- ``(i) for 2017 and each succeeding year''; (ii) in clause (i), as added by clause (i) of this subparagraph, by striking the period and inserting ``; and''; and (iii) by adding at the end the following new clause: ``(ii) for 2023 and each succeeding year, shall not result in an increase in payments for a clinical diagnostic laboratory test for the year of greater than the applicable percent (as defined in subparagraph (D)) of the amount of payment for the test for the preceding year.''; (B) in subparagraph (B), in the matter preceding clause (i), by striking ``In this paragraph'' and inserting ``In clause (i) of subparagraph (A)''; and (C) by adding at the end the following new subparagraph: ``(D) Definition of applicable percent for purposes of annual cap on payment increases.--In clause (ii) of subparagraph (A), the term `applicable percent' means the following: ``(i) Widely available clinical diagnostic laboratory tests.--With respect to a widely available clinical diagnostic laboratory test-- ``(I) for 2023, 2.5 percent; ``(II) for 2024, 2.5 percent; ``(III) for 2025, 3.75 percent, ``(IV) for 2026, 3.75 percent; and ``(V) for 2027 and each subsequent year, 5 percent. ``(ii) Other clinical diagnostic laboratory tests.--With respect to a clinical diagnostic laboratory test not described in clause (i), 5 percent.''. (3) Conforming amendment.--Section 1834A(b)(3) of the Social Security Act (42 U.S.C. 1395m-1(b)(3)) is amended in the heading by striking ``reductions'' and inserting ``medicare payment changes''. (e) Regulations.--(1) Not later than December 31, 2023, the Secretary of Health and Human Services shall implement the amendments made by this section (other than subsection (d)) through notice and comment rulemaking. (2) The Secretary of Health and Human Services may implement the amendments made by subsection (d) through interim final rulemaking, program instruction, or otherwise. <all>

Saving Access to Laboratory Services Act

To amend title XVIII of the Social Security Act to improve the accuracy of market-based Medicare payment for clinical diagnostic laboratory services, to reduce administrative burdens in the collection of data, and for other purposes.

Saving Access to Laboratory Services Act

Rep. Pascrell, Bill, Jr.

D

NJ

This bill modifies provisions relating to Medicare payment rates for clinical diagnostic laboratory services, including by requiring payment rates for certain widely available clinical diagnostic laboratory tests to be based on a statistical sampling of private sector rates.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. SEC. 2. 1395m-1(a)(1)) is amended-- (A) in subparagraph (A), by striking ``Subject to subparagraph (B)'' and inserting ``Subject to subparagraphs (B) and (C)''; and (B) by adding at the end the following new subparagraph: ``(C) Use of statistical sampling for widely available clinical diagnostic laboratory tests.-- ``(i) In general.--Subject to clause (ii), with respect to data collection periods for reporting periods beginning on or after January 1, 2026, in the case of a widely available clinical diagnostic laboratory test (as defined in clause (iii)), in lieu of requiring the reporting of applicable information from each applicable laboratory, the Secretary shall require the collection and reporting of applicable information from a statistically valid sample of applicable laboratories for each such widely available clinical diagnostic laboratory test. 1395m-1(a)(4)(B)) is amended by striking ``January 1, 2019, and ending June 30, 2019'' and inserting ``January 1, 2025, and ending June 30, 2025''. (c) Modifications to Applicable Information Reported.-- (1) Medicaid managed care rates.--Section 1834A(a)(8)(C) of the Social Security Act (42 U.S.C. 1395m- 1(b)(3)), as amended by paragraph (1), is amended-- (A) in subparagraph (A)-- (i) by striking ``test for 2017 and each succeeding year--'' and inserting ``test-- ``(i) for 2017 and each succeeding year''; (ii) in clause (i), as added by clause (i) of this subparagraph, by striking the period and inserting ``; and''; and (iii) by adding at the end the following new clause: ``(ii) for 2023 and each succeeding year, shall not result in an increase in payments for a clinical diagnostic laboratory test for the year of greater than the applicable percent (as defined in subparagraph (D)) of the amount of payment for the test for the preceding year. ``(ii) Other clinical diagnostic laboratory tests.--With respect to a clinical diagnostic laboratory test not described in clause (i), 5 percent.''. 1395m-1(b)(3)) is amended in the heading by striking ``reductions'' and inserting ``medicare payment changes''. (e) Regulations.--(1) Not later than December 31, 2023, the Secretary of Health and Human Services shall implement the amendments made by this section (other than subsection (d)) through notice and comment rulemaking.

SHORT TITLE. 2. 1395m-1(a)(1)) is amended-- (A) in subparagraph (A), by striking ``Subject to subparagraph (B)'' and inserting ``Subject to subparagraphs (B) and (C)''; and (B) by adding at the end the following new subparagraph: ``(C) Use of statistical sampling for widely available clinical diagnostic laboratory tests.-- ``(i) In general.--Subject to clause (ii), with respect to data collection periods for reporting periods beginning on or after January 1, 2026, in the case of a widely available clinical diagnostic laboratory test (as defined in clause (iii)), in lieu of requiring the reporting of applicable information from each applicable laboratory, the Secretary shall require the collection and reporting of applicable information from a statistically valid sample of applicable laboratories for each such widely available clinical diagnostic laboratory test. 1395m-1(a)(4)(B)) is amended by striking ``January 1, 2019, and ending June 30, 2019'' and inserting ``January 1, 2025, and ending June 30, 2025''. (c) Modifications to Applicable Information Reported.-- (1) Medicaid managed care rates.--Section 1834A(a)(8)(C) of the Social Security Act (42 U.S.C. 1395m- 1(b)(3)), as amended by paragraph (1), is amended-- (A) in subparagraph (A)-- (i) by striking ``test for 2017 and each succeeding year--'' and inserting ``test-- ``(i) for 2017 and each succeeding year''; (ii) in clause (i), as added by clause (i) of this subparagraph, by striking the period and inserting ``; and''; and (iii) by adding at the end the following new clause: ``(ii) for 2023 and each succeeding year, shall not result in an increase in payments for a clinical diagnostic laboratory test for the year of greater than the applicable percent (as defined in subparagraph (D)) of the amount of payment for the test for the preceding year. ``(ii) Other clinical diagnostic laboratory tests.--With respect to a clinical diagnostic laboratory test not described in clause (i), 5 percent.''. 1395m-1(b)(3)) is amended in the heading by striking ``reductions'' and inserting ``medicare payment changes''. (e) Regulations.--(1) Not later than December 31, 2023, the Secretary of Health and Human Services shall implement the amendments made by this section (other than subsection (d)) through notice and comment rulemaking.

To amend title XVIII of the Social Security Act to improve the accuracy of market-based Medicare payment for clinical diagnostic laboratory services, to reduce administrative burdens in the collection of data, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Saving Access to Laboratory Services Act''. SEC. 2. 1395m-1(a)(1)) is amended-- (A) in subparagraph (A), by striking ``Subject to subparagraph (B)'' and inserting ``Subject to subparagraphs (B) and (C)''; and (B) by adding at the end the following new subparagraph: ``(C) Use of statistical sampling for widely available clinical diagnostic laboratory tests.-- ``(i) In general.--Subject to clause (ii), with respect to data collection periods for reporting periods beginning on or after January 1, 2026, in the case of a widely available clinical diagnostic laboratory test (as defined in clause (iii)), in lieu of requiring the reporting of applicable information from each applicable laboratory, the Secretary shall require the collection and reporting of applicable information from a statistically valid sample of applicable laboratories for each such widely available clinical diagnostic laboratory test. ``(II) Number of laboratories performing the test.--The number of applicable laboratories receiving payments under this section for the clinical diagnostic laboratory test (as determined by the Secretary using the national provider identifier of the provider of services or supplier on the claim submitted for payment under this part for such test) exceeds 100.''. 1395m-1(a)(4)(B)) is amended by striking ``January 1, 2019, and ending June 30, 2019'' and inserting ``January 1, 2025, and ending June 30, 2025''. 1395m-1(a)(2)) is amended by striking ``In this section'' and all that follows through the period and inserting the following: ``Notwithstanding determinations of applicable laboratories made prior to January 1, 2024, the term `applicable laboratory' means a laboratory that receives at least $12,500 in payments under this section during the first 6 months of the calendar year immediately preceding the applicable data collection period.''. (c) Modifications to Applicable Information Reported.-- (1) Medicaid managed care rates.--Section 1834A(a)(8)(C) of the Social Security Act (42 U.S.C. 1395m- 1(a)(3)) is amended-- (A) in subparagraph (A), by striking ``subject to subparagraph (B),'' and inserting ``subject to subparagraphs (B) and (C)''; and (B) by adding at the end the following new subparagraph: ``(C) Exclusion of manual remittances.--An applicable laboratory for which less than 10 percent of its total paid claims during a data collection period are paid by private payors by means other than an electronic standard transaction (as defined in section 162.103 of title 45, Code of Federal Regulations (or any successor regulation)) may exclude from the definition of applicable information under this paragraph payments made by private payors that are not made through an electronic standard transaction.''. (d) Modification to Limits on Payment Reductions; Imposition of Annual Cap on Payment Increases.-- (1) Payment reduction limits.--Section 1834A(b)(3) of the Social Security Act (42 U.S.C. 1395m- 1(b)(3)), as amended by paragraph (1), is amended-- (A) in subparagraph (A)-- (i) by striking ``test for 2017 and each succeeding year--'' and inserting ``test-- ``(i) for 2017 and each succeeding year''; (ii) in clause (i), as added by clause (i) of this subparagraph, by striking the period and inserting ``; and''; and (iii) by adding at the end the following new clause: ``(ii) for 2023 and each succeeding year, shall not result in an increase in payments for a clinical diagnostic laboratory test for the year of greater than the applicable percent (as defined in subparagraph (D)) of the amount of payment for the test for the preceding year. ``(ii) Other clinical diagnostic laboratory tests.--With respect to a clinical diagnostic laboratory test not described in clause (i), 5 percent.''. 1395m-1(b)(3)) is amended in the heading by striking ``reductions'' and inserting ``medicare payment changes''. (e) Regulations.--(1) Not later than December 31, 2023, the Secretary of Health and Human Services shall implement the amendments made by this section (other than subsection (d)) through notice and comment rulemaking.

To amend title XVIII of the Social Security Act to improve the accuracy of market-based Medicare payment for clinical diagnostic laboratory services, to reduce administrative burdens in the collection of data, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Saving Access to Laboratory Services Act''. SEC. 2. 1395m-1(a)(1)) is amended-- (A) in subparagraph (A), by striking ``Subject to subparagraph (B)'' and inserting ``Subject to subparagraphs (B) and (C)''; and (B) by adding at the end the following new subparagraph: ``(C) Use of statistical sampling for widely available clinical diagnostic laboratory tests.-- ``(i) In general.--Subject to clause (ii), with respect to data collection periods for reporting periods beginning on or after January 1, 2026, in the case of a widely available clinical diagnostic laboratory test (as defined in clause (iii)), in lieu of requiring the reporting of applicable information from each applicable laboratory, the Secretary shall require the collection and reporting of applicable information from a statistically valid sample of applicable laboratories for each such widely available clinical diagnostic laboratory test. ``(II) Representative sampling.-- The methodology under subclause (I) for a statistically valid sample under clause (i) shall, for each applicable HCPCS code for a widely available clinical diagnostic laboratory test-- ``(aa) provide for a sample that allows for the payment amounts established under paragraph (2) of subsection (b) for such a test to be representative of rates paid by private payors to applicable laboratories receiving payment under this section, including independent laboratories, hospital laboratories, hospital outreach laboratories, and physician office laboratories that furnish the widely available clinical diagnostic laboratory test; ``(bb) include applicable information (as defined in paragraph (3)) with respect to such widely available clinical diagnostic laboratory test from such different types of applicable laboratories; and ``(cc) be of sufficient size to accurately and proportionally represent the range of private payor payment rates received by each such type of applicable laboratory weighted according to the utilization rates of each type of applicable laboratory for the widely available clinical diagnostic laboratory test during the first 6 months of the calendar year immediately preceding the data collection period applicable to the sample to be collected. ``(III) Least burdensome data collection and reporting processes.-- The methodology developed by the Secretary shall be designed to reduce administrative burdens of data collection and reporting on applicable laboratories and the Centers for Medicare & Medicaid Services to the greatest extent practicable. ``(IV) Publication of list of widely available clinical diagnostic laboratory tests and notification to applicable laboratories required to report applicable information.--Not later than September 30 of the year immediately preceding each data collection period (as defined in paragraph (4)), the Secretary shall publish in the Federal Register a list of widely available clinical diagnostic laboratory tests and shall directly notify applicable laboratories required to report applicable information under this subsection. ``(II) Number of laboratories performing the test.--The number of applicable laboratories receiving payments under this section for the clinical diagnostic laboratory test (as determined by the Secretary using the national provider identifier of the provider of services or supplier on the claim submitted for payment under this part for such test) exceeds 100.''. 1395m-1(a)(4)(B)) is amended by striking ``January 1, 2019, and ending June 30, 2019'' and inserting ``January 1, 2025, and ending June 30, 2025''. 1395m-1(a)(2)) is amended by striking ``In this section'' and all that follows through the period and inserting the following: ``Notwithstanding determinations of applicable laboratories made prior to January 1, 2024, the term `applicable laboratory' means a laboratory that receives at least $12,500 in payments under this section during the first 6 months of the calendar year immediately preceding the applicable data collection period.''. (c) Modifications to Applicable Information Reported.-- (1) Medicaid managed care rates.--Section 1834A(a)(8)(C) of the Social Security Act (42 U.S.C. 1395m- 1(a)(3)) is amended-- (A) in subparagraph (A), by striking ``subject to subparagraph (B),'' and inserting ``subject to subparagraphs (B) and (C)''; and (B) by adding at the end the following new subparagraph: ``(C) Exclusion of manual remittances.--An applicable laboratory for which less than 10 percent of its total paid claims during a data collection period are paid by private payors by means other than an electronic standard transaction (as defined in section 162.103 of title 45, Code of Federal Regulations (or any successor regulation)) may exclude from the definition of applicable information under this paragraph payments made by private payors that are not made through an electronic standard transaction.''. (d) Modification to Limits on Payment Reductions; Imposition of Annual Cap on Payment Increases.-- (1) Payment reduction limits.--Section 1834A(b)(3) of the Social Security Act (42 U.S.C. 1395m- 1(b)(3)), as amended by paragraph (1), is amended-- (A) in subparagraph (A)-- (i) by striking ``test for 2017 and each succeeding year--'' and inserting ``test-- ``(i) for 2017 and each succeeding year''; (ii) in clause (i), as added by clause (i) of this subparagraph, by striking the period and inserting ``; and''; and (iii) by adding at the end the following new clause: ``(ii) for 2023 and each succeeding year, shall not result in an increase in payments for a clinical diagnostic laboratory test for the year of greater than the applicable percent (as defined in subparagraph (D)) of the amount of payment for the test for the preceding year. ``(ii) Other clinical diagnostic laboratory tests.--With respect to a clinical diagnostic laboratory test not described in clause (i), 5 percent.''. 1395m-1(b)(3)) is amended in the heading by striking ``reductions'' and inserting ``medicare payment changes''. (e) Regulations.--(1) Not later than December 31, 2023, the Secretary of Health and Human Services shall implement the amendments made by this section (other than subsection (d)) through notice and comment rulemaking.

To amend title XVIII of the Social Security Act to improve the accuracy of market-based Medicare payment for clinical diagnostic laboratory services, to reduce administrative burdens in the collection of data, and for other purposes. This Act may be cited as the ``Saving Access to Laboratory Services Act''. ``(ii) Requirements for statistical sampling.-- ``(I) In general.--The Secretary, in consultation with stakeholders, shall develop a methodology for a statistically valid sample under clause (i), using the maximal brewer selection method, as described in the June 2021 Medicare Payment Access Commission Report to the Congress, to establish the payment amount for a widely available clinical diagnostic laboratory test under paragraph (2) of subsection (b) for each applicable HCPCS code for a widely available clinical diagnostic laboratory test. ``(III) Least burdensome data collection and reporting processes.-- The methodology developed by the Secretary shall be designed to reduce administrative burdens of data collection and reporting on applicable laboratories and the Centers for Medicare & Medicaid Services to the greatest extent practicable. ``(IV) Publication of list of widely available clinical diagnostic laboratory tests and notification to applicable laboratories required to report applicable information.--Not later than September 30 of the year immediately preceding each data collection period (as defined in paragraph (4)), the Secretary shall publish in the Federal Register a list of widely available clinical diagnostic laboratory tests and shall directly notify applicable laboratories required to report applicable information under this subsection. ``(iii) Definition of widely available clinical diagnostic laboratory test.--In this subparagraph, the term `widely available clinical diagnostic laboratory test' means a clinical diagnostic laboratory test that meets both of the following criteria during the first 6 months of the calendar year immediately preceding the data collection period applicable to the sample to be collected: ``(I) Payment rate.--The payment amount determined for the clinical diagnostic laboratory test under this section is less than $1,000 per test. 1395m-1(a)(1)(B)) is amended-- (i) in clause (i), by striking ``December 31, 2022'' and inserting ``December 31, 2024''; (ii) in clause (ii), by striking ``beginning January 1, 2023, and ending March 31, 2023'' and inserting ``beginning January 1, 2026, and ending March 31, 2026''; and (iii) in clause (iii) by striking ``every three years'' and inserting ``every four years''. ( b) Elimination of Majority of Medicare Revenues Test.--The first sentence of section 1834A(a)(2) of the Social Security Act (42 U.S.C. 1395m-1(a)(2)) is amended by striking ``In this section'' and all that follows through the period and inserting the following: ``Notwithstanding determinations of applicable laboratories made prior to January 1, 2024, the term `applicable laboratory' means a laboratory that receives at least $12,500 in payments under this section during the first 6 months of the calendar year immediately preceding the applicable data collection period.''. ( 1395m-1(a)(8)(C)) is amended by striking ``A medicaid managed care organization'' and inserting ``With respect to data collection periods for reporting periods beginning before January 1, 2026, a medicaid managed care organization (as defined in section 1903(m))''. ( d) Modification to Limits on Payment Reductions; Imposition of Annual Cap on Payment Increases.-- (1) Payment reduction limits.--Section 1834A(b)(3) of the Social Security Act (42 U.S.C. 1395m-1(b)(3)) is amended-- (A) in subparagraph (A), by striking ``for each of 2017 through 2025'' and inserting ``for 2017 and each succeeding year''; and (B) in subparagraph (B)-- (i) in clause (ii), by striking ``and'' at the end; and (ii) by striking clause (iii) and inserting the following: ``(iii) for 2023, 0 percent; ``(iv) for 2024, 2.5 percent; and ``(v) for 2025 and each subsequent year, 5 percent.''. ( ``(ii) Other clinical diagnostic laboratory tests.--With respect to a clinical diagnostic laboratory test not described in clause (i), 5 percent.''. ( e) Regulations.--(1) Not later than December 31, 2023, the Secretary of Health and Human Services shall implement the amendments made by this section (other than subsection (d)) through notice and comment rulemaking. (

To amend title XVIII of the Social Security Act to improve the accuracy of market-based Medicare payment for clinical diagnostic laboratory services, to reduce administrative burdens in the collection of data, and for other purposes. ``(ii) Requirements for statistical sampling.-- ``(I) In general.--The Secretary, in consultation with stakeholders, shall develop a methodology for a statistically valid sample under clause (i), using the maximal brewer selection method, as described in the June 2021 Medicare Payment Access Commission Report to the Congress, to establish the payment amount for a widely available clinical diagnostic laboratory test under paragraph (2) of subsection (b) for each applicable HCPCS code for a widely available clinical diagnostic laboratory test. ``(III) Least burdensome data collection and reporting processes.-- The methodology developed by the Secretary shall be designed to reduce administrative burdens of data collection and reporting on applicable laboratories and the Centers for Medicare & Medicaid Services to the greatest extent practicable. ``(iii) Definition of widely available clinical diagnostic laboratory test.--In this subparagraph, the term `widely available clinical diagnostic laboratory test' means a clinical diagnostic laboratory test that meets both of the following criteria during the first 6 months of the calendar year immediately preceding the data collection period applicable to the sample to be collected: ``(I) Payment rate.--The payment amount determined for the clinical diagnostic laboratory test under this section is less than $1,000 per test. ``(II) Number of laboratories performing the test.--The number of applicable laboratories receiving payments under this section for the clinical diagnostic laboratory test (as determined by the Secretary using the national provider identifier of the provider of services or supplier on the claim submitted for payment under this part for such test) exceeds 100.''. ( b) Elimination of Majority of Medicare Revenues Test.--The first sentence of section 1834A(a)(2) of the Social Security Act (42 U.S.C. 1395m-1(a)(2)) is amended by striking ``In this section'' and all that follows through the period and inserting the following: ``Notwithstanding determinations of applicable laboratories made prior to January 1, 2024, the term `applicable laboratory' means a laboratory that receives at least $12,500 in payments under this section during the first 6 months of the calendar year immediately preceding the applicable data collection period.''. ( ``(ii) Other clinical diagnostic laboratory tests.--With respect to a clinical diagnostic laboratory test not described in clause (i), 5 percent.''. ( e) Regulations.--(1) Not later than December 31, 2023, the Secretary of Health and Human Services shall implement the amendments made by this section (other than subsection (d)) through notice and comment rulemaking. (

To amend title XVIII of the Social Security Act to improve the accuracy of market-based Medicare payment for clinical diagnostic laboratory services, to reduce administrative burdens in the collection of data, and for other purposes. ``(ii) Requirements for statistical sampling.-- ``(I) In general.--The Secretary, in consultation with stakeholders, shall develop a methodology for a statistically valid sample under clause (i), using the maximal brewer selection method, as described in the June 2021 Medicare Payment Access Commission Report to the Congress, to establish the payment amount for a widely available clinical diagnostic laboratory test under paragraph (2) of subsection (b) for each applicable HCPCS code for a widely available clinical diagnostic laboratory test. ``(III) Least burdensome data collection and reporting processes.-- The methodology developed by the Secretary shall be designed to reduce administrative burdens of data collection and reporting on applicable laboratories and the Centers for Medicare & Medicaid Services to the greatest extent practicable. ``(iii) Definition of widely available clinical diagnostic laboratory test.--In this subparagraph, the term `widely available clinical diagnostic laboratory test' means a clinical diagnostic laboratory test that meets both of the following criteria during the first 6 months of the calendar year immediately preceding the data collection period applicable to the sample to be collected: ``(I) Payment rate.--The payment amount determined for the clinical diagnostic laboratory test under this section is less than $1,000 per test. ``(II) Number of laboratories performing the test.--The number of applicable laboratories receiving payments under this section for the clinical diagnostic laboratory test (as determined by the Secretary using the national provider identifier of the provider of services or supplier on the claim submitted for payment under this part for such test) exceeds 100.''. ( b) Elimination of Majority of Medicare Revenues Test.--The first sentence of section 1834A(a)(2) of the Social Security Act (42 U.S.C. 1395m-1(a)(2)) is amended by striking ``In this section'' and all that follows through the period and inserting the following: ``Notwithstanding determinations of applicable laboratories made prior to January 1, 2024, the term `applicable laboratory' means a laboratory that receives at least $12,500 in payments under this section during the first 6 months of the calendar year immediately preceding the applicable data collection period.''. ( ``(ii) Other clinical diagnostic laboratory tests.--With respect to a clinical diagnostic laboratory test not described in clause (i), 5 percent.''. ( e) Regulations.--(1) Not later than December 31, 2023, the Secretary of Health and Human Services shall implement the amendments made by this section (other than subsection (d)) through notice and comment rulemaking. (

To amend title XVIII of the Social Security Act to improve the accuracy of market-based Medicare payment for clinical diagnostic laboratory services, to reduce administrative burdens in the collection of data, and for other purposes. This Act may be cited as the ``Saving Access to Laboratory Services Act''. ``(ii) Requirements for statistical sampling.-- ``(I) In general.--The Secretary, in consultation with stakeholders, shall develop a methodology for a statistically valid sample under clause (i), using the maximal brewer selection method, as described in the June 2021 Medicare Payment Access Commission Report to the Congress, to establish the payment amount for a widely available clinical diagnostic laboratory test under paragraph (2) of subsection (b) for each applicable HCPCS code for a widely available clinical diagnostic laboratory test. ``(III) Least burdensome data collection and reporting processes.-- The methodology developed by the Secretary shall be designed to reduce administrative burdens of data collection and reporting on applicable laboratories and the Centers for Medicare & Medicaid Services to the greatest extent practicable. ``(IV) Publication of list of widely available clinical diagnostic laboratory tests and notification to applicable laboratories required to report applicable information.--Not later than September 30 of the year immediately preceding each data collection period (as defined in paragraph (4)), the Secretary shall publish in the Federal Register a list of widely available clinical diagnostic laboratory tests and shall directly notify applicable laboratories required to report applicable information under this subsection. ``(iii) Definition of widely available clinical diagnostic laboratory test.--In this subparagraph, the term `widely available clinical diagnostic laboratory test' means a clinical diagnostic laboratory test that meets both of the following criteria during the first 6 months of the calendar year immediately preceding the data collection period applicable to the sample to be collected: ``(I) Payment rate.--The payment amount determined for the clinical diagnostic laboratory test under this section is less than $1,000 per test. 1395m-1(a)(1)(B)) is amended-- (i) in clause (i), by striking ``December 31, 2022'' and inserting ``December 31, 2024''; (ii) in clause (ii), by striking ``beginning January 1, 2023, and ending March 31, 2023'' and inserting ``beginning January 1, 2026, and ending March 31, 2026''; and (iii) in clause (iii) by striking ``every three years'' and inserting ``every four years''. ( b) Elimination of Majority of Medicare Revenues Test.--The first sentence of section 1834A(a)(2) of the Social Security Act (42 U.S.C. 1395m-1(a)(2)) is amended by striking ``In this section'' and all that follows through the period and inserting the following: ``Notwithstanding determinations of applicable laboratories made prior to January 1, 2024, the term `applicable laboratory' means a laboratory that receives at least $12,500 in payments under this section during the first 6 months of the calendar year immediately preceding the applicable data collection period.''. ( 1395m-1(a)(8)(C)) is amended by striking ``A medicaid managed care organization'' and inserting ``With respect to data collection periods for reporting periods beginning before January 1, 2026, a medicaid managed care organization (as defined in section 1903(m))''. ( d) Modification to Limits on Payment Reductions; Imposition of Annual Cap on Payment Increases.-- (1) Payment reduction limits.--Section 1834A(b)(3) of the Social Security Act (42 U.S.C. 1395m-1(b)(3)) is amended-- (A) in subparagraph (A), by striking ``for each of 2017 through 2025'' and inserting ``for 2017 and each succeeding year''; and (B) in subparagraph (B)-- (i) in clause (ii), by striking ``and'' at the end; and (ii) by striking clause (iii) and inserting the following: ``(iii) for 2023, 0 percent; ``(iv) for 2024, 2.5 percent; and ``(v) for 2025 and each subsequent year, 5 percent.''. ( ``(ii) Other clinical diagnostic laboratory tests.--With respect to a clinical diagnostic laboratory test not described in clause (i), 5 percent.''. ( e) Regulations.--(1) Not later than December 31, 2023, the Secretary of Health and Human Services shall implement the amendments made by this section (other than subsection (d)) through notice and comment rulemaking. (

To amend title XVIII of the Social Security Act to improve the accuracy of market-based Medicare payment for clinical diagnostic laboratory services, to reduce administrative burdens in the collection of data, and for other purposes. ``(ii) Requirements for statistical sampling.-- ``(I) In general.--The Secretary, in consultation with stakeholders, shall develop a methodology for a statistically valid sample under clause (i), using the maximal brewer selection method, as described in the June 2021 Medicare Payment Access Commission Report to the Congress, to establish the payment amount for a widely available clinical diagnostic laboratory test under paragraph (2) of subsection (b) for each applicable HCPCS code for a widely available clinical diagnostic laboratory test. ``(III) Least burdensome data collection and reporting processes.-- The methodology developed by the Secretary shall be designed to reduce administrative burdens of data collection and reporting on applicable laboratories and the Centers for Medicare & Medicaid Services to the greatest extent practicable. ``(iii) Definition of widely available clinical diagnostic laboratory test.--In this subparagraph, the term `widely available clinical diagnostic laboratory test' means a clinical diagnostic laboratory test that meets both of the following criteria during the first 6 months of the calendar year immediately preceding the data collection period applicable to the sample to be collected: ``(I) Payment rate.--The payment amount determined for the clinical diagnostic laboratory test under this section is less than $1,000 per test. ``(II) Number of laboratories performing the test.--The number of applicable laboratories receiving payments under this section for the clinical diagnostic laboratory test (as determined by the Secretary using the national provider identifier of the provider of services or supplier on the claim submitted for payment under this part for such test) exceeds 100.''. ( b) Elimination of Majority of Medicare Revenues Test.--The first sentence of section 1834A(a)(2) of the Social Security Act (42 U.S.C. 1395m-1(a)(2)) is amended by striking ``In this section'' and all that follows through the period and inserting the following: ``Notwithstanding determinations of applicable laboratories made prior to January 1, 2024, the term `applicable laboratory' means a laboratory that receives at least $12,500 in payments under this section during the first 6 months of the calendar year immediately preceding the applicable data collection period.''. ( ``(ii) Other clinical diagnostic laboratory tests.--With respect to a clinical diagnostic laboratory test not described in clause (i), 5 percent.''. ( e) Regulations.--(1) Not later than December 31, 2023, the Secretary of Health and Human Services shall implement the amendments made by this section (other than subsection (d)) through notice and comment rulemaking. (

To amend title XVIII of the Social Security Act to improve the accuracy of market-based Medicare payment for clinical diagnostic laboratory services, to reduce administrative burdens in the collection of data, and for other purposes. This Act may be cited as the ``Saving Access to Laboratory Services Act''. ``(ii) Requirements for statistical sampling.-- ``(I) In general.--The Secretary, in consultation with stakeholders, shall develop a methodology for a statistically valid sample under clause (i), using the maximal brewer selection method, as described in the June 2021 Medicare Payment Access Commission Report to the Congress, to establish the payment amount for a widely available clinical diagnostic laboratory test under paragraph (2) of subsection (b) for each applicable HCPCS code for a widely available clinical diagnostic laboratory test. ``(III) Least burdensome data collection and reporting processes.-- The methodology developed by the Secretary shall be designed to reduce administrative burdens of data collection and reporting on applicable laboratories and the Centers for Medicare & Medicaid Services to the greatest extent practicable. ``(IV) Publication of list of widely available clinical diagnostic laboratory tests and notification to applicable laboratories required to report applicable information.--Not later than September 30 of the year immediately preceding each data collection period (as defined in paragraph (4)), the Secretary shall publish in the Federal Register a list of widely available clinical diagnostic laboratory tests and shall directly notify applicable laboratories required to report applicable information under this subsection. ``(iii) Definition of widely available clinical diagnostic laboratory test.--In this subparagraph, the term `widely available clinical diagnostic laboratory test' means a clinical diagnostic laboratory test that meets both of the following criteria during the first 6 months of the calendar year immediately preceding the data collection period applicable to the sample to be collected: ``(I) Payment rate.--The payment amount determined for the clinical diagnostic laboratory test under this section is less than $1,000 per test. 1395m-1(a)(1)(B)) is amended-- (i) in clause (i), by striking ``December 31, 2022'' and inserting ``December 31, 2024''; (ii) in clause (ii), by striking ``beginning January 1, 2023, and ending March 31, 2023'' and inserting ``beginning January 1, 2026, and ending March 31, 2026''; and (iii) in clause (iii) by striking ``every three years'' and inserting ``every four years''. ( b) Elimination of Majority of Medicare Revenues Test.--The first sentence of section 1834A(a)(2) of the Social Security Act (42 U.S.C. 1395m-1(a)(2)) is amended by striking ``In this section'' and all that follows through the period and inserting the following: ``Notwithstanding determinations of applicable laboratories made prior to January 1, 2024, the term `applicable laboratory' means a laboratory that receives at least $12,500 in payments under this section during the first 6 months of the calendar year immediately preceding the applicable data collection period.''. ( 1395m-1(a)(8)(C)) is amended by striking ``A medicaid managed care organization'' and inserting ``With respect to data collection periods for reporting periods beginning before January 1, 2026, a medicaid managed care organization (as defined in section 1903(m))''. ( d) Modification to Limits on Payment Reductions; Imposition of Annual Cap on Payment Increases.-- (1) Payment reduction limits.--Section 1834A(b)(3) of the Social Security Act (42 U.S.C. 1395m-1(b)(3)) is amended-- (A) in subparagraph (A), by striking ``for each of 2017 through 2025'' and inserting ``for 2017 and each succeeding year''; and (B) in subparagraph (B)-- (i) in clause (ii), by striking ``and'' at the end; and (ii) by striking clause (iii) and inserting the following: ``(iii) for 2023, 0 percent; ``(iv) for 2024, 2.5 percent; and ``(v) for 2025 and each subsequent year, 5 percent.''. ( ``(ii) Other clinical diagnostic laboratory tests.--With respect to a clinical diagnostic laboratory test not described in clause (i), 5 percent.''. ( e) Regulations.--(1) Not later than December 31, 2023, the Secretary of Health and Human Services shall implement the amendments made by this section (other than subsection (d)) through notice and comment rulemaking. (

To amend title XVIII of the Social Security Act to improve the accuracy of market-based Medicare payment for clinical diagnostic laboratory services, to reduce administrative burdens in the collection of data, and for other purposes. ``(ii) Requirements for statistical sampling.-- ``(I) In general.--The Secretary, in consultation with stakeholders, shall develop a methodology for a statistically valid sample under clause (i), using the maximal brewer selection method, as described in the June 2021 Medicare Payment Access Commission Report to the Congress, to establish the payment amount for a widely available clinical diagnostic laboratory test under paragraph (2) of subsection (b) for each applicable HCPCS code for a widely available clinical diagnostic laboratory test. ``(III) Least burdensome data collection and reporting processes.-- The methodology developed by the Secretary shall be designed to reduce administrative burdens of data collection and reporting on applicable laboratories and the Centers for Medicare & Medicaid Services to the greatest extent practicable. ``(iii) Definition of widely available clinical diagnostic laboratory test.--In this subparagraph, the term `widely available clinical diagnostic laboratory test' means a clinical diagnostic laboratory test that meets both of the following criteria during the first 6 months of the calendar year immediately preceding the data collection period applicable to the sample to be collected: ``(I) Payment rate.--The payment amount determined for the clinical diagnostic laboratory test under this section is less than $1,000 per test. ``(II) Number of laboratories performing the test.--The number of applicable laboratories receiving payments under this section for the clinical diagnostic laboratory test (as determined by the Secretary using the national provider identifier of the provider of services or supplier on the claim submitted for payment under this part for such test) exceeds 100.''. ( b) Elimination of Majority of Medicare Revenues Test.--The first sentence of section 1834A(a)(2) of the Social Security Act (42 U.S.C. 1395m-1(a)(2)) is amended by striking ``In this section'' and all that follows through the period and inserting the following: ``Notwithstanding determinations of applicable laboratories made prior to January 1, 2024, the term `applicable laboratory' means a laboratory that receives at least $12,500 in payments under this section during the first 6 months of the calendar year immediately preceding the applicable data collection period.''. ( ``(ii) Other clinical diagnostic laboratory tests.--With respect to a clinical diagnostic laboratory test not described in clause (i), 5 percent.''. ( e) Regulations.--(1) Not later than December 31, 2023, the Secretary of Health and Human Services shall implement the amendments made by this section (other than subsection (d)) through notice and comment rulemaking. (

To amend title XVIII of the Social Security Act to improve the accuracy of market-based Medicare payment for clinical diagnostic laboratory services, to reduce administrative burdens in the collection of data, and for other purposes. ``(ii) Requirements for statistical sampling.-- ``(I) In general.--The Secretary, in consultation with stakeholders, shall develop a methodology for a statistically valid sample under clause (i), using the maximal brewer selection method, as described in the June 2021 Medicare Payment Access Commission Report to the Congress, to establish the payment amount for a widely available clinical diagnostic laboratory test under paragraph (2) of subsection (b) for each applicable HCPCS code for a widely available clinical diagnostic laboratory test. ``(iii) Definition of widely available clinical diagnostic laboratory test.--In this subparagraph, the term `widely available clinical diagnostic laboratory test' means a clinical diagnostic laboratory test that meets both of the following criteria during the first 6 months of the calendar year immediately preceding the data collection period applicable to the sample to be collected: ``(I) Payment rate.--The payment amount determined for the clinical diagnostic laboratory test under this section is less than $1,000 per test. 1395m-1(a)(1)(B)) is amended-- (i) in clause (i), by striking ``December 31, 2022'' and inserting ``December 31, 2024''; (ii) in clause (ii), by striking ``beginning January 1, 2023, and ending March 31, 2023'' and inserting ``beginning January 1, 2026, and ending March 31, 2026''; and (iii) in clause (iii) by striking ``every three years'' and inserting ``every four years''. ( ( 1395m-1(a)(8)(C)) is amended by striking ``A medicaid managed care organization'' and inserting ``With respect to data collection periods for reporting periods beginning before January 1, 2026, a medicaid managed care organization (as defined in section 1903(m))''. ( e) Regulations.--(1) Not later than December 31, 2023, the Secretary of Health and Human Services shall implement the amendments made by this section (other than subsection (d)) through notice and comment rulemaking. (

To amend title XVIII of the Social Security Act to improve the accuracy of market-based Medicare payment for clinical diagnostic laboratory services, to reduce administrative burdens in the collection of data, and for other purposes. ``(iii) Definition of widely available clinical diagnostic laboratory test.--In this subparagraph, the term `widely available clinical diagnostic laboratory test' means a clinical diagnostic laboratory test that meets both of the following criteria during the first 6 months of the calendar year immediately preceding the data collection period applicable to the sample to be collected: ``(I) Payment rate.--The payment amount determined for the clinical diagnostic laboratory test under this section is less than $1,000 per test. 1395m-1(a)(2)) is amended by striking ``In this section'' and all that follows through the period and inserting the following: ``Notwithstanding determinations of applicable laboratories made prior to January 1, 2024, the term `applicable laboratory' means a laboratory that receives at least $12,500 in payments under this section during the first 6 months of the calendar year immediately preceding the applicable data collection period.''. ( e) Regulations.--(1) Not later than December 31, 2023, the Secretary of Health and Human Services shall implement the amendments made by this section (other than subsection (d)) through notice and comment rulemaking. (

To amend title XVIII of the Social Security Act to improve the accuracy of market-based Medicare payment for clinical diagnostic laboratory services, to reduce administrative burdens in the collection of data, and for other purposes. ``(ii) Requirements for statistical sampling.-- ``(I) In general.--The Secretary, in consultation with stakeholders, shall develop a methodology for a statistically valid sample under clause (i), using the maximal brewer selection method, as described in the June 2021 Medicare Payment Access Commission Report to the Congress, to establish the payment amount for a widely available clinical diagnostic laboratory test under paragraph (2) of subsection (b) for each applicable HCPCS code for a widely available clinical diagnostic laboratory test. ``(iii) Definition of widely available clinical diagnostic laboratory test.--In this subparagraph, the term `widely available clinical diagnostic laboratory test' means a clinical diagnostic laboratory test that meets both of the following criteria during the first 6 months of the calendar year immediately preceding the data collection period applicable to the sample to be collected: ``(I) Payment rate.--The payment amount determined for the clinical diagnostic laboratory test under this section is less than $1,000 per test. 1395m-1(a)(1)(B)) is amended-- (i) in clause (i), by striking ``December 31, 2022'' and inserting ``December 31, 2024''; (ii) in clause (ii), by striking ``beginning January 1, 2023, and ending March 31, 2023'' and inserting ``beginning January 1, 2026, and ending March 31, 2026''; and (iii) in clause (iii) by striking ``every three years'' and inserting ``every four years''. ( ( 1395m-1(a)(8)(C)) is amended by striking ``A medicaid managed care organization'' and inserting ``With respect to data collection periods for reporting periods beginning before January 1, 2026, a medicaid managed care organization (as defined in section 1903(m))''. ( e) Regulations.--(1) Not later than December 31, 2023, the Secretary of Health and Human Services shall implement the amendments made by this section (other than subsection (d)) through notice and comment rulemaking. (

Saving Access to Laboratory Services Act This bill amends title XVIII (Medicare) of the Social Security Act to require the Secretary of Health and Human Services (HHS) to develop a methodology to establish the payment amount for a widely available clinical diagnostic laboratory test, using the maximal brewer selection method, for each applicable HCPCS code for such a test. HHS shall require the Amends title XVIII (Medicaid) of the Social Security Act to: (1) authorize a medicaid managed care organization to exclude payments made by private payors that are not made through an electronic standard transaction from the definition of applicable information under this Act; (2) modify the limits on payment reductions; (3) impose an annual cap on payment rate increases; and

H.R.4418

Health

Stopping the Pharmaceutical Industry from Keeping drugs Expensive Act or the SPIKE Act This bill requires the Centers for Medicare & Medicaid Services (CMS) to determine at least annually whether certain covered drugs under Medicare were subject to a price increase that exceeded specified thresholds. Drug manufacturers must submit justifications for such price increases to the CMS, subject to civil penalties. The bill's requirements do not apply to low-cost drugs, as identified by the CMS.

To amend title XI of the Social Security Act to provide for drug manufacturer price transparency. Be it enacted by the Senate 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 Pharmaceutical Industry from Keeping drugs Expensive Act'' or the ``SPIKE Act''. SEC. 2. DRUG MANUFACTURER PRICE TRANSPARENCY. Title XI of the Social Security Act (42 U.S.C. 1301 et seq.) is amended by inserting after section 1128K the following new section: ``SEC. 1128L. DRUG MANUFACTURER PRICE TRANSPARENCY. ``(a) In General.--With respect to each year, beginning with 2023, the Secretary shall, at least once during such year, determine if there is a triggered SPIKE increase (in accordance with subsection (b)) with respect to an applicable drug (as defined in subsection (f)(1)). If the Secretary determines, with respect to a year, there is such an increase with respect to an applicable drug, the manufacturer of the applicable drug shall submit to the Secretary the justification described in subsection (c), subject to subsection (b)(3), for each such triggered SPIKE increase in accordance with the timing described in subsection (d). ``(b) Triggered SPIKE Increase.-- ``(1) In general.--A triggered SPIKE increase occurs, with respect to an applicable drug and year (beginning with 2023), in any of the following cases: ``(A) If there is a 10 percent (or $10,000) increase with respect to the wholesale acquisition cost (or alternative cost measure specified by the Secretary under paragraph (2)) of such drug during any 12-month period beginning and ending within the lookback period that is the 5-year period preceding 2023 or 2024, respectively. ``(B) If there is a 25 percent (or $25,000) increase with respect to the wholesale acquisition cost (or such alternative cost measure) of such drug during any 36-month period beginning and ending within such respective lookback period. ``(C) In the case of such a drug that is first covered under title XVIII with respect to such year, if the estimated cost or spending under such title per individual or per user of such drug (as estimated by the Secretary) for such year (or per course of treatment, as defined by the Secretary) is at least $26,000. ``(2) Alternative to wac.--The Secretary may, for purposes of making determinations under paragraph (1), in addition to using the wholesale acquisition cost for an applicable drug, use alternative cost measures of such drug. ``(3) Exception.--A justification under subsection (c) shall not be required for a triggered SPIKE increase described in paragraph (1) of an applicable drug of a manufacturer if there is any portion of the lookback period described in the respective subparagraph of such paragraph for such increase that is included within the lookback period for another triggered SPIKE increase (or combination of such increases) for which a justification is made under this section for such drug by such manufacturer. ``(4) Unit determination.--For purposes of determining the wholesale acquisition cost in carrying out this section, the Secretary shall determine a unit (such as a unit size) to apply. ``(5) Public posting.--Beginning with respect to 2023, the Secretary shall publicly post on the Internet website of the Department of Health and Human Services-- ``(A) alternative percentages, dollar amounts, and lookback periods that, if applied under paragraph (1), would be projected to increase the number of applicable drugs for which a triggered SPIKE increase would occur for such year; and ``(B) the number of applicable drugs for which a triggered SPIKE increase would occur for such year of such an alternative percentage, dollar amount, or period were applied for such year. ``(c) Justification Described.-- ``(1) In general.--The justification described in this subsection, with respect to a triggered SPIKE increase described in subsection (b)(1) of an applicable drug of a manufacturer, is-- ``(A) all of the information described in paragraph (2); ``(B) all of the information and supporting documentation described in paragraph (3), as applicable to the increase and drug; and ``(C) a certification described in paragraph (4). ``(2) Required information.--For purposes of paragraph (1), the information described in this paragraph is the following: ``(A) The individual factors that have contributed to the increase in the wholesale acquisition cost. ``(B) An explanation of the role of each factor in contributing to such increase. ``(3) Information as applicable.--For purposes of paragraph (1), the information and supporting documentation described in this paragraph is the following: ``(A) Total expenditures of the manufacturer on-- ``(i) materials and manufacturing for such drug; ``(ii) acquiring patents and licensing for each drug of the manufacturer; and ``(iii) costs to purchase or acquire the drug from another company, if applicable. ``(B) The percentage of total expenditures of the manufacturer on research and development for such drug that was derived from Federal funds. ``(C) The total expenditures of the manufacturer on research and development for such drug. ``(D) The total revenue and net profit generated from the applicable drug for each calendar year since drug approval. ``(E) The total costs associated with marketing and advertising for the applicable drug. ``(F) Additional information specific to the manufacturer of the applicable drug, such as-- ``(i) the total revenue and net profit of the manufacturer for the period of such increase, as determined by the Secretary; ``(ii) metrics used to determine executive compensation; ``(iii) total expenditures on-- ``(I) drug research and development; or ``(II) clinical trials on drugs that failed to receive approval by the Food and Drug Administration; and ``(iv) any additional information related to drug pricing decisions of the manufacturer. ``(G) Any other relevant information and supporting documentation necessary to justify the triggering SPIKE increase. ``(H) Any other relevant information and supporting documentation, as specified by the Secretary. ``(4) Certification.--For purposes of paragraph (1), the certification described in this paragraph is a certification, that all such information and documentation is accurate and complete, by one of the following: ``(A) The chief executive officer of the manufacturer. ``(B) The chief financial officer of the manufacturer. ``(C) An individual who has delegated authority to sign for, and who reports directly to, such chief executive officer or chief financial officer. ``(d) Timing.-- ``(1) Notification.--Not later than 60 days after the date on which the Secretary makes the determination that there is a triggering SPIKE increase with respect to an applicable drug, the Secretary shall notify the manufacturer of the applicable drug of such determination. ``(2) Submission of justification.--Not later than 90 days after the date on which a manufacturer receives a notification under paragraph (1), subject to subsection (b)(3), the manufacturer shall submit to the Secretary the justification required under subsection (a), including a summary of such justification, in a form and manner specified by the Secretary. In specifying such form, with respect to the summary required under the previous sentence, the Secretary shall provide that such summary shall be in an easily understandable format, as specified by the Secretary, and shall permit the manufacturer to exclude proprietary information from such summary. ``(3) Posting on internet website.--Not later than 30 days after receiving the complete justification under paragraph (2), the Secretary shall post on the Internet website of the Centers for Medicare & Medicaid Services the summary included for such justification. ``(e) Penalties.-- ``(1) Failure to submit timely justification.--If the Secretary determines that a manufacturer has failed to submit a justification as required under this section, including in accordance with the timing and form required, with respect to an applicable drug, the Secretary shall apply a civil monetary penalty in an amount of $10,000 for each day the manufacturer has failed to submit such justification as so required. ``(2) False information.--Any manufacturer that submits a justification under this section that knowingly provides false information in such justification is subject to a civil monetary penalty in an amount not to exceed $100,000 for each item of false information. ``(3) Application of procedures.--The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil monetary penalty under this subsection in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a). Civil monetary penalties imposed under this subsection are in addition to other penalties as may be prescribed by law. ``(f) Definitions.--In this section: ``(1) Applicable drug.-- ``(A) In general.--Subject to paragraph (2), the term `applicable drug' means, with respect to a lookback period described in paragraph (2), a covered outpatient drug (as defined in paragraph (2) of section 1927(k), without application of paragraph (3) of such section) that is covered under title XVIII and is not a low cost drug. ``(B) Exclusion of low cost drugs.--For purposes of subparagraph (A)(iii), not later than January 1, 2023, the Secretary shall specify a threshold (such as a cost or spending threshold) for identifying (and shall identify) low cost drugs to be excluded from the definition of the term `applicable drug', such as a drug that has a wholesale acquisition cost of less than $10 per unit or less than $100 in average estimated expenditures under title XVIII per individual per year or per user of such drug per year. For purposes of this section, a drug shall not be considered specified as a low cost drug for a lookback period described in paragraph (2) with respect to a year unless such drug is identified as being below the specified threshold for the entirety of the lookback period. ``(2) Manufacturer.--The term `manufacturer' has the meaning given that term in section 1847A(c)(6)(A). ``(3) Wholesale acquisition cost.--The term `wholesale acquisition cost' has the meaning given that term in section 1847A(c)(6)(B).''. <all>

SPIKE Act

To amend title XI of the Social Security Act to provide for drug manufacturer price transparency.

SPIKE Act Stopping the Pharmaceutical Industry from Keeping drugs Expensive Act

Rep. Horsford, Steven

D

NV

This bill requires the Centers for Medicare & Medicaid Services (CMS) to determine at least annually whether certain covered drugs under Medicare were subject to a price increase that exceeded specified thresholds. Drug manufacturers must submit justifications for such price increases to the CMS, subject to civil penalties. The bill's requirements do not apply to low-cost drugs, as identified by the CMS.

SHORT TITLE. This Act may be cited as the ``Stopping the Pharmaceutical Industry from Keeping drugs Expensive Act'' or the ``SPIKE Act''. SEC. 2. Title XI of the Social Security Act (42 U.S.C. 1301 et seq.) is amended by inserting after section 1128K the following new section: ``SEC. 1128L. DRUG MANUFACTURER PRICE TRANSPARENCY. ``(B) If there is a 25 percent (or $25,000) increase with respect to the wholesale acquisition cost (or such alternative cost measure) of such drug during any 36-month period beginning and ending within such respective lookback period. ``(C) In the case of such a drug that is first covered under title XVIII with respect to such year, if the estimated cost or spending under such title per individual or per user of such drug (as estimated by the Secretary) for such year (or per course of treatment, as defined by the Secretary) is at least $26,000. ``(4) Unit determination.--For purposes of determining the wholesale acquisition cost in carrying out this section, the Secretary shall determine a unit (such as a unit size) to apply. ``(c) Justification Described.-- ``(1) In general.--The justification described in this subsection, with respect to a triggered SPIKE increase described in subsection (b)(1) of an applicable drug of a manufacturer, is-- ``(A) all of the information described in paragraph (2); ``(B) all of the information and supporting documentation described in paragraph (3), as applicable to the increase and drug; and ``(C) a certification described in paragraph (4). ``(C) The total expenditures of the manufacturer on research and development for such drug. ``(D) The total revenue and net profit generated from the applicable drug for each calendar year since drug approval. ``(C) An individual who has delegated authority to sign for, and who reports directly to, such chief executive officer or chief financial officer. ``(3) Posting on internet website.--Not later than 30 days after receiving the complete justification under paragraph (2), the Secretary shall post on the Internet website of the Centers for Medicare & Medicaid Services the summary included for such justification. ``(e) Penalties.-- ``(1) Failure to submit timely justification.--If the Secretary determines that a manufacturer has failed to submit a justification as required under this section, including in accordance with the timing and form required, with respect to an applicable drug, the Secretary shall apply a civil monetary penalty in an amount of $10,000 for each day the manufacturer has failed to submit such justification as so required. Civil monetary penalties imposed under this subsection are in addition to other penalties as may be prescribed by law. For purposes of this section, a drug shall not be considered specified as a low cost drug for a lookback period described in paragraph (2) with respect to a year unless such drug is identified as being below the specified threshold for the entirety of the lookback period. ``(2) Manufacturer.--The term `manufacturer' has the meaning given that term in section 1847A(c)(6)(A).

SHORT TITLE. This Act may be cited as the ``Stopping the Pharmaceutical Industry from Keeping drugs Expensive Act'' or the ``SPIKE Act''. SEC. 2. DRUG MANUFACTURER PRICE TRANSPARENCY. ``(C) In the case of such a drug that is first covered under title XVIII with respect to such year, if the estimated cost or spending under such title per individual or per user of such drug (as estimated by the Secretary) for such year (or per course of treatment, as defined by the Secretary) is at least $26,000. ``(4) Unit determination.--For purposes of determining the wholesale acquisition cost in carrying out this section, the Secretary shall determine a unit (such as a unit size) to apply. ``(c) Justification Described.-- ``(1) In general.--The justification described in this subsection, with respect to a triggered SPIKE increase described in subsection (b)(1) of an applicable drug of a manufacturer, is-- ``(A) all of the information described in paragraph (2); ``(B) all of the information and supporting documentation described in paragraph (3), as applicable to the increase and drug; and ``(C) a certification described in paragraph (4). ``(C) The total expenditures of the manufacturer on research and development for such drug. ``(C) An individual who has delegated authority to sign for, and who reports directly to, such chief executive officer or chief financial officer. ``(e) Penalties.-- ``(1) Failure to submit timely justification.--If the Secretary determines that a manufacturer has failed to submit a justification as required under this section, including in accordance with the timing and form required, with respect to an applicable drug, the Secretary shall apply a civil monetary penalty in an amount of $10,000 for each day the manufacturer has failed to submit such justification as so required. Civil monetary penalties imposed under this subsection are in addition to other penalties as may be prescribed by law. For purposes of this section, a drug shall not be considered specified as a low cost drug for a lookback period described in paragraph (2) with respect to a year unless such drug is identified as being below the specified threshold for the entirety of the lookback period. ``(2) Manufacturer.--The term `manufacturer' has the meaning given that term in section 1847A(c)(6)(A).

Be it enacted by the Senate 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 Pharmaceutical Industry from Keeping drugs Expensive Act'' or the ``SPIKE Act''. SEC. 2. Title XI of the Social Security Act (42 U.S.C. 1301 et seq.) is amended by inserting after section 1128K the following new section: ``SEC. 1128L. DRUG MANUFACTURER PRICE TRANSPARENCY. ``(B) If there is a 25 percent (or $25,000) increase with respect to the wholesale acquisition cost (or such alternative cost measure) of such drug during any 36-month period beginning and ending within such respective lookback period. ``(C) In the case of such a drug that is first covered under title XVIII with respect to such year, if the estimated cost or spending under such title per individual or per user of such drug (as estimated by the Secretary) for such year (or per course of treatment, as defined by the Secretary) is at least $26,000. ``(4) Unit determination.--For purposes of determining the wholesale acquisition cost in carrying out this section, the Secretary shall determine a unit (such as a unit size) to apply. ``(5) Public posting.--Beginning with respect to 2023, the Secretary shall publicly post on the Internet website of the Department of Health and Human Services-- ``(A) alternative percentages, dollar amounts, and lookback periods that, if applied under paragraph (1), would be projected to increase the number of applicable drugs for which a triggered SPIKE increase would occur for such year; and ``(B) the number of applicable drugs for which a triggered SPIKE increase would occur for such year of such an alternative percentage, dollar amount, or period were applied for such year. ``(c) Justification Described.-- ``(1) In general.--The justification described in this subsection, with respect to a triggered SPIKE increase described in subsection (b)(1) of an applicable drug of a manufacturer, is-- ``(A) all of the information described in paragraph (2); ``(B) all of the information and supporting documentation described in paragraph (3), as applicable to the increase and drug; and ``(C) a certification described in paragraph (4). ``(B) An explanation of the role of each factor in contributing to such increase. ``(C) The total expenditures of the manufacturer on research and development for such drug. ``(D) The total revenue and net profit generated from the applicable drug for each calendar year since drug approval. ``(G) Any other relevant information and supporting documentation necessary to justify the triggering SPIKE increase. ``(C) An individual who has delegated authority to sign for, and who reports directly to, such chief executive officer or chief financial officer. ``(3) Posting on internet website.--Not later than 30 days after receiving the complete justification under paragraph (2), the Secretary shall post on the Internet website of the Centers for Medicare & Medicaid Services the summary included for such justification. ``(e) Penalties.-- ``(1) Failure to submit timely justification.--If the Secretary determines that a manufacturer has failed to submit a justification as required under this section, including in accordance with the timing and form required, with respect to an applicable drug, the Secretary shall apply a civil monetary penalty in an amount of $10,000 for each day the manufacturer has failed to submit such justification as so required. ``(2) False information.--Any manufacturer that submits a justification under this section that knowingly provides false information in such justification is subject to a civil monetary penalty in an amount not to exceed $100,000 for each item of false information. ``(3) Application of procedures.--The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil monetary penalty under this subsection in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a). Civil monetary penalties imposed under this subsection are in addition to other penalties as may be prescribed by law. For purposes of this section, a drug shall not be considered specified as a low cost drug for a lookback period described in paragraph (2) with respect to a year unless such drug is identified as being below the specified threshold for the entirety of the lookback period. ``(2) Manufacturer.--The term `manufacturer' has the meaning given that term in section 1847A(c)(6)(A).

Be it enacted by the Senate 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 Pharmaceutical Industry from Keeping drugs Expensive Act'' or the ``SPIKE Act''. SEC. 2. Title XI of the Social Security Act (42 U.S.C. 1301 et seq.) is amended by inserting after section 1128K the following new section: ``SEC. 1128L. DRUG MANUFACTURER PRICE TRANSPARENCY. ``(B) If there is a 25 percent (or $25,000) increase with respect to the wholesale acquisition cost (or such alternative cost measure) of such drug during any 36-month period beginning and ending within such respective lookback period. ``(C) In the case of such a drug that is first covered under title XVIII with respect to such year, if the estimated cost or spending under such title per individual or per user of such drug (as estimated by the Secretary) for such year (or per course of treatment, as defined by the Secretary) is at least $26,000. ``(4) Unit determination.--For purposes of determining the wholesale acquisition cost in carrying out this section, the Secretary shall determine a unit (such as a unit size) to apply. ``(5) Public posting.--Beginning with respect to 2023, the Secretary shall publicly post on the Internet website of the Department of Health and Human Services-- ``(A) alternative percentages, dollar amounts, and lookback periods that, if applied under paragraph (1), would be projected to increase the number of applicable drugs for which a triggered SPIKE increase would occur for such year; and ``(B) the number of applicable drugs for which a triggered SPIKE increase would occur for such year of such an alternative percentage, dollar amount, or period were applied for such year. ``(c) Justification Described.-- ``(1) In general.--The justification described in this subsection, with respect to a triggered SPIKE increase described in subsection (b)(1) of an applicable drug of a manufacturer, is-- ``(A) all of the information described in paragraph (2); ``(B) all of the information and supporting documentation described in paragraph (3), as applicable to the increase and drug; and ``(C) a certification described in paragraph (4). ``(B) An explanation of the role of each factor in contributing to such increase. ``(3) Information as applicable.--For purposes of paragraph (1), the information and supporting documentation described in this paragraph is the following: ``(A) Total expenditures of the manufacturer on-- ``(i) materials and manufacturing for such drug; ``(ii) acquiring patents and licensing for each drug of the manufacturer; and ``(iii) costs to purchase or acquire the drug from another company, if applicable. ``(C) The total expenditures of the manufacturer on research and development for such drug. ``(D) The total revenue and net profit generated from the applicable drug for each calendar year since drug approval. ``(E) The total costs associated with marketing and advertising for the applicable drug. ``(F) Additional information specific to the manufacturer of the applicable drug, such as-- ``(i) the total revenue and net profit of the manufacturer for the period of such increase, as determined by the Secretary; ``(ii) metrics used to determine executive compensation; ``(iii) total expenditures on-- ``(I) drug research and development; or ``(II) clinical trials on drugs that failed to receive approval by the Food and Drug Administration; and ``(iv) any additional information related to drug pricing decisions of the manufacturer. ``(G) Any other relevant information and supporting documentation necessary to justify the triggering SPIKE increase. ``(C) An individual who has delegated authority to sign for, and who reports directly to, such chief executive officer or chief financial officer. ``(d) Timing.-- ``(1) Notification.--Not later than 60 days after the date on which the Secretary makes the determination that there is a triggering SPIKE increase with respect to an applicable drug, the Secretary shall notify the manufacturer of the applicable drug of such determination. In specifying such form, with respect to the summary required under the previous sentence, the Secretary shall provide that such summary shall be in an easily understandable format, as specified by the Secretary, and shall permit the manufacturer to exclude proprietary information from such summary. ``(3) Posting on internet website.--Not later than 30 days after receiving the complete justification under paragraph (2), the Secretary shall post on the Internet website of the Centers for Medicare & Medicaid Services the summary included for such justification. ``(e) Penalties.-- ``(1) Failure to submit timely justification.--If the Secretary determines that a manufacturer has failed to submit a justification as required under this section, including in accordance with the timing and form required, with respect to an applicable drug, the Secretary shall apply a civil monetary penalty in an amount of $10,000 for each day the manufacturer has failed to submit such justification as so required. ``(2) False information.--Any manufacturer that submits a justification under this section that knowingly provides false information in such justification is subject to a civil monetary penalty in an amount not to exceed $100,000 for each item of false information. ``(3) Application of procedures.--The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil monetary penalty under this subsection in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a). Civil monetary penalties imposed under this subsection are in addition to other penalties as may be prescribed by law. For purposes of this section, a drug shall not be considered specified as a low cost drug for a lookback period described in paragraph (2) with respect to a year unless such drug is identified as being below the specified threshold for the entirety of the lookback period. ``(2) Manufacturer.--The term `manufacturer' has the meaning given that term in section 1847A(c)(6)(A).

To amend title XI of the Social Security Act to provide for drug manufacturer price transparency. ``(a) In General.--With respect to each year, beginning with 2023, the Secretary shall, at least once during such year, determine if there is a triggered SPIKE increase (in accordance with subsection (b)) with respect to an applicable drug (as defined in subsection (f)(1)). ``(b) Triggered SPIKE Increase.-- ``(1) In general.--A triggered SPIKE increase occurs, with respect to an applicable drug and year (beginning with 2023), in any of the following cases: ``(A) If there is a 10 percent (or $10,000) increase with respect to the wholesale acquisition cost (or alternative cost measure specified by the Secretary under paragraph (2)) of such drug during any 12-month period beginning and ending within the lookback period that is the 5-year period preceding 2023 or 2024, respectively. ``(B) If there is a 25 percent (or $25,000) increase with respect to the wholesale acquisition cost (or such alternative cost measure) of such drug during any 36-month period beginning and ending within such respective lookback period. ``(3) Exception.--A justification under subsection (c) shall not be required for a triggered SPIKE increase described in paragraph (1) of an applicable drug of a manufacturer if there is any portion of the lookback period described in the respective subparagraph of such paragraph for such increase that is included within the lookback period for another triggered SPIKE increase (or combination of such increases) for which a justification is made under this section for such drug by such manufacturer. ``(4) Unit determination.--For purposes of determining the wholesale acquisition cost in carrying out this section, the Secretary shall determine a unit (such as a unit size) to apply. ``(c) Justification Described.-- ``(1) In general.--The justification described in this subsection, with respect to a triggered SPIKE increase described in subsection (b)(1) of an applicable drug of a manufacturer, is-- ``(A) all of the information described in paragraph (2); ``(B) all of the information and supporting documentation described in paragraph (3), as applicable to the increase and drug; and ``(C) a certification described in paragraph (4). ``(C) The total expenditures of the manufacturer on research and development for such drug. ``(F) Additional information specific to the manufacturer of the applicable drug, such as-- ``(i) the total revenue and net profit of the manufacturer for the period of such increase, as determined by the Secretary; ``(ii) metrics used to determine executive compensation; ``(iii) total expenditures on-- ``(I) drug research and development; or ``(II) clinical trials on drugs that failed to receive approval by the Food and Drug Administration; and ``(iv) any additional information related to drug pricing decisions of the manufacturer. ``(d) Timing.-- ``(1) Notification.--Not later than 60 days after the date on which the Secretary makes the determination that there is a triggering SPIKE increase with respect to an applicable drug, the Secretary shall notify the manufacturer of the applicable drug of such determination. ``(2) Submission of justification.--Not later than 90 days after the date on which a manufacturer receives a notification under paragraph (1), subject to subsection (b)(3), the manufacturer shall submit to the Secretary the justification required under subsection (a), including a summary of such justification, in a form and manner specified by the Secretary. ``(e) Penalties.-- ``(1) Failure to submit timely justification.--If the Secretary determines that a manufacturer has failed to submit a justification as required under this section, including in accordance with the timing and form required, with respect to an applicable drug, the Secretary shall apply a civil monetary penalty in an amount of $10,000 for each day the manufacturer has failed to submit such justification as so required. ``(3) Application of procedures.--The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil monetary penalty under this subsection in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a). ``(f) Definitions.--In this section: ``(1) Applicable drug.-- ``(A) In general.--Subject to paragraph (2), the term `applicable drug' means, with respect to a lookback period described in paragraph (2), a covered outpatient drug (as defined in paragraph (2) of section 1927(k), without application of paragraph (3) of such section) that is covered under title XVIII and is not a low cost drug. For purposes of this section, a drug shall not be considered specified as a low cost drug for a lookback period described in paragraph (2) with respect to a year unless such drug is identified as being below the specified threshold for the entirety of the lookback period. ``(3) Wholesale acquisition cost.--The term `wholesale acquisition cost' has the meaning given that term in section 1847A(c)(6)(B).''.

To amend title XI of the Social Security Act to provide for drug manufacturer price transparency. DRUG MANUFACTURER PRICE TRANSPARENCY. ``(b) Triggered SPIKE Increase.-- ``(1) In general.--A triggered SPIKE increase occurs, with respect to an applicable drug and year (beginning with 2023), in any of the following cases: ``(A) If there is a 10 percent (or $10,000) increase with respect to the wholesale acquisition cost (or alternative cost measure specified by the Secretary under paragraph (2)) of such drug during any 12-month period beginning and ending within the lookback period that is the 5-year period preceding 2023 or 2024, respectively. ``(C) In the case of such a drug that is first covered under title XVIII with respect to such year, if the estimated cost or spending under such title per individual or per user of such drug (as estimated by the Secretary) for such year (or per course of treatment, as defined by the Secretary) is at least $26,000. ``(c) Justification Described.-- ``(1) In general.--The justification described in this subsection, with respect to a triggered SPIKE increase described in subsection (b)(1) of an applicable drug of a manufacturer, is-- ``(A) all of the information described in paragraph (2); ``(B) all of the information and supporting documentation described in paragraph (3), as applicable to the increase and drug; and ``(C) a certification described in paragraph (4). ``(2) Required information.--For purposes of paragraph (1), the information described in this paragraph is the following: ``(A) The individual factors that have contributed to the increase in the wholesale acquisition cost. ``(3) Information as applicable.--For purposes of paragraph (1), the information and supporting documentation described in this paragraph is the following: ``(A) Total expenditures of the manufacturer on-- ``(i) materials and manufacturing for such drug; ``(ii) acquiring patents and licensing for each drug of the manufacturer; and ``(iii) costs to purchase or acquire the drug from another company, if applicable. ``(E) The total costs associated with marketing and advertising for the applicable drug. ``(d) Timing.-- ``(1) Notification.--Not later than 60 days after the date on which the Secretary makes the determination that there is a triggering SPIKE increase with respect to an applicable drug, the Secretary shall notify the manufacturer of the applicable drug of such determination. ``(2) Submission of justification.--Not later than 90 days after the date on which a manufacturer receives a notification under paragraph (1), subject to subsection (b)(3), the manufacturer shall submit to the Secretary the justification required under subsection (a), including a summary of such justification, in a form and manner specified by the Secretary. ``(f) Definitions.--In this section: ``(1) Applicable drug.-- ``(A) In general.--Subject to paragraph (2), the term `applicable drug' means, with respect to a lookback period described in paragraph (2), a covered outpatient drug (as defined in paragraph (2) of section 1927(k), without application of paragraph (3) of such section) that is covered under title XVIII and is not a low cost drug. ``(2) Manufacturer.--The term `manufacturer' has the meaning given that term in section 1847A(c)(6)(A).

To amend title XI of the Social Security Act to provide for drug manufacturer price transparency. DRUG MANUFACTURER PRICE TRANSPARENCY. ``(b) Triggered SPIKE Increase.-- ``(1) In general.--A triggered SPIKE increase occurs, with respect to an applicable drug and year (beginning with 2023), in any of the following cases: ``(A) If there is a 10 percent (or $10,000) increase with respect to the wholesale acquisition cost (or alternative cost measure specified by the Secretary under paragraph (2)) of such drug during any 12-month period beginning and ending within the lookback period that is the 5-year period preceding 2023 or 2024, respectively. ``(C) In the case of such a drug that is first covered under title XVIII with respect to such year, if the estimated cost or spending under such title per individual or per user of such drug (as estimated by the Secretary) for such year (or per course of treatment, as defined by the Secretary) is at least $26,000. ``(c) Justification Described.-- ``(1) In general.--The justification described in this subsection, with respect to a triggered SPIKE increase described in subsection (b)(1) of an applicable drug of a manufacturer, is-- ``(A) all of the information described in paragraph (2); ``(B) all of the information and supporting documentation described in paragraph (3), as applicable to the increase and drug; and ``(C) a certification described in paragraph (4). ``(2) Required information.--For purposes of paragraph (1), the information described in this paragraph is the following: ``(A) The individual factors that have contributed to the increase in the wholesale acquisition cost. ``(3) Information as applicable.--For purposes of paragraph (1), the information and supporting documentation described in this paragraph is the following: ``(A) Total expenditures of the manufacturer on-- ``(i) materials and manufacturing for such drug; ``(ii) acquiring patents and licensing for each drug of the manufacturer; and ``(iii) costs to purchase or acquire the drug from another company, if applicable. ``(E) The total costs associated with marketing and advertising for the applicable drug. ``(d) Timing.-- ``(1) Notification.--Not later than 60 days after the date on which the Secretary makes the determination that there is a triggering SPIKE increase with respect to an applicable drug, the Secretary shall notify the manufacturer of the applicable drug of such determination. ``(2) Submission of justification.--Not later than 90 days after the date on which a manufacturer receives a notification under paragraph (1), subject to subsection (b)(3), the manufacturer shall submit to the Secretary the justification required under subsection (a), including a summary of such justification, in a form and manner specified by the Secretary. ``(f) Definitions.--In this section: ``(1) Applicable drug.-- ``(A) In general.--Subject to paragraph (2), the term `applicable drug' means, with respect to a lookback period described in paragraph (2), a covered outpatient drug (as defined in paragraph (2) of section 1927(k), without application of paragraph (3) of such section) that is covered under title XVIII and is not a low cost drug. ``(2) Manufacturer.--The term `manufacturer' has the meaning given that term in section 1847A(c)(6)(A).

To amend title XI of the Social Security Act to provide for drug manufacturer price transparency. ``(a) In General.--With respect to each year, beginning with 2023, the Secretary shall, at least once during such year, determine if there is a triggered SPIKE increase (in accordance with subsection (b)) with respect to an applicable drug (as defined in subsection (f)(1)). ``(b) Triggered SPIKE Increase.-- ``(1) In general.--A triggered SPIKE increase occurs, with respect to an applicable drug and year (beginning with 2023), in any of the following cases: ``(A) If there is a 10 percent (or $10,000) increase with respect to the wholesale acquisition cost (or alternative cost measure specified by the Secretary under paragraph (2)) of such drug during any 12-month period beginning and ending within the lookback period that is the 5-year period preceding 2023 or 2024, respectively. ``(B) If there is a 25 percent (or $25,000) increase with respect to the wholesale acquisition cost (or such alternative cost measure) of such drug during any 36-month period beginning and ending within such respective lookback period. ``(3) Exception.--A justification under subsection (c) shall not be required for a triggered SPIKE increase described in paragraph (1) of an applicable drug of a manufacturer if there is any portion of the lookback period described in the respective subparagraph of such paragraph for such increase that is included within the lookback period for another triggered SPIKE increase (or combination of such increases) for which a justification is made under this section for such drug by such manufacturer. ``(4) Unit determination.--For purposes of determining the wholesale acquisition cost in carrying out this section, the Secretary shall determine a unit (such as a unit size) to apply. ``(c) Justification Described.-- ``(1) In general.--The justification described in this subsection, with respect to a triggered SPIKE increase described in subsection (b)(1) of an applicable drug of a manufacturer, is-- ``(A) all of the information described in paragraph (2); ``(B) all of the information and supporting documentation described in paragraph (3), as applicable to the increase and drug; and ``(C) a certification described in paragraph (4). ``(C) The total expenditures of the manufacturer on research and development for such drug. ``(F) Additional information specific to the manufacturer of the applicable drug, such as-- ``(i) the total revenue and net profit of the manufacturer for the period of such increase, as determined by the Secretary; ``(ii) metrics used to determine executive compensation; ``(iii) total expenditures on-- ``(I) drug research and development; or ``(II) clinical trials on drugs that failed to receive approval by the Food and Drug Administration; and ``(iv) any additional information related to drug pricing decisions of the manufacturer. ``(d) Timing.-- ``(1) Notification.--Not later than 60 days after the date on which the Secretary makes the determination that there is a triggering SPIKE increase with respect to an applicable drug, the Secretary shall notify the manufacturer of the applicable drug of such determination. ``(2) Submission of justification.--Not later than 90 days after the date on which a manufacturer receives a notification under paragraph (1), subject to subsection (b)(3), the manufacturer shall submit to the Secretary the justification required under subsection (a), including a summary of such justification, in a form and manner specified by the Secretary. ``(e) Penalties.-- ``(1) Failure to submit timely justification.--If the Secretary determines that a manufacturer has failed to submit a justification as required under this section, including in accordance with the timing and form required, with respect to an applicable drug, the Secretary shall apply a civil monetary penalty in an amount of $10,000 for each day the manufacturer has failed to submit such justification as so required. ``(3) Application of procedures.--The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil monetary penalty under this subsection in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a). ``(f) Definitions.--In this section: ``(1) Applicable drug.-- ``(A) In general.--Subject to paragraph (2), the term `applicable drug' means, with respect to a lookback period described in paragraph (2), a covered outpatient drug (as defined in paragraph (2) of section 1927(k), without application of paragraph (3) of such section) that is covered under title XVIII and is not a low cost drug. For purposes of this section, a drug shall not be considered specified as a low cost drug for a lookback period described in paragraph (2) with respect to a year unless such drug is identified as being below the specified threshold for the entirety of the lookback period. ``(3) Wholesale acquisition cost.--The term `wholesale acquisition cost' has the meaning given that term in section 1847A(c)(6)(B).''.

To amend title XI of the Social Security Act to provide for drug manufacturer price transparency. DRUG MANUFACTURER PRICE TRANSPARENCY. ``(b) Triggered SPIKE Increase.-- ``(1) In general.--A triggered SPIKE increase occurs, with respect to an applicable drug and year (beginning with 2023), in any of the following cases: ``(A) If there is a 10 percent (or $10,000) increase with respect to the wholesale acquisition cost (or alternative cost measure specified by the Secretary under paragraph (2)) of such drug during any 12-month period beginning and ending within the lookback period that is the 5-year period preceding 2023 or 2024, respectively. ``(C) In the case of such a drug that is first covered under title XVIII with respect to such year, if the estimated cost or spending under such title per individual or per user of such drug (as estimated by the Secretary) for such year (or per course of treatment, as defined by the Secretary) is at least $26,000. ``(c) Justification Described.-- ``(1) In general.--The justification described in this subsection, with respect to a triggered SPIKE increase described in subsection (b)(1) of an applicable drug of a manufacturer, is-- ``(A) all of the information described in paragraph (2); ``(B) all of the information and supporting documentation described in paragraph (3), as applicable to the increase and drug; and ``(C) a certification described in paragraph (4). ``(2) Required information.--For purposes of paragraph (1), the information described in this paragraph is the following: ``(A) The individual factors that have contributed to the increase in the wholesale acquisition cost. ``(3) Information as applicable.--For purposes of paragraph (1), the information and supporting documentation described in this paragraph is the following: ``(A) Total expenditures of the manufacturer on-- ``(i) materials and manufacturing for such drug; ``(ii) acquiring patents and licensing for each drug of the manufacturer; and ``(iii) costs to purchase or acquire the drug from another company, if applicable. ``(E) The total costs associated with marketing and advertising for the applicable drug. ``(d) Timing.-- ``(1) Notification.--Not later than 60 days after the date on which the Secretary makes the determination that there is a triggering SPIKE increase with respect to an applicable drug, the Secretary shall notify the manufacturer of the applicable drug of such determination. ``(2) Submission of justification.--Not later than 90 days after the date on which a manufacturer receives a notification under paragraph (1), subject to subsection (b)(3), the manufacturer shall submit to the Secretary the justification required under subsection (a), including a summary of such justification, in a form and manner specified by the Secretary. ``(f) Definitions.--In this section: ``(1) Applicable drug.-- ``(A) In general.--Subject to paragraph (2), the term `applicable drug' means, with respect to a lookback period described in paragraph (2), a covered outpatient drug (as defined in paragraph (2) of section 1927(k), without application of paragraph (3) of such section) that is covered under title XVIII and is not a low cost drug. ``(2) Manufacturer.--The term `manufacturer' has the meaning given that term in section 1847A(c)(6)(A).

To amend title XI of the Social Security Act to provide for drug manufacturer price transparency. ``(b) Triggered SPIKE Increase.-- ``(1) In general.--A triggered SPIKE increase occurs, with respect to an applicable drug and year (beginning with 2023), in any of the following cases: ``(A) If there is a 10 percent (or $10,000) increase with respect to the wholesale acquisition cost (or alternative cost measure specified by the Secretary under paragraph (2)) of such drug during any 12-month period beginning and ending within the lookback period that is the 5-year period preceding 2023 or 2024, respectively. ``(3) Exception.--A justification under subsection (c) shall not be required for a triggered SPIKE increase described in paragraph (1) of an applicable drug of a manufacturer if there is any portion of the lookback period described in the respective subparagraph of such paragraph for such increase that is included within the lookback period for another triggered SPIKE increase (or combination of such increases) for which a justification is made under this section for such drug by such manufacturer. ``(C) The total expenditures of the manufacturer on research and development for such drug. ``(F) Additional information specific to the manufacturer of the applicable drug, such as-- ``(i) the total revenue and net profit of the manufacturer for the period of such increase, as determined by the Secretary; ``(ii) metrics used to determine executive compensation; ``(iii) total expenditures on-- ``(I) drug research and development; or ``(II) clinical trials on drugs that failed to receive approval by the Food and Drug Administration; and ``(iv) any additional information related to drug pricing decisions of the manufacturer. ``(e) Penalties.-- ``(1) Failure to submit timely justification.--If the Secretary determines that a manufacturer has failed to submit a justification as required under this section, including in accordance with the timing and form required, with respect to an applicable drug, the Secretary shall apply a civil monetary penalty in an amount of $10,000 for each day the manufacturer has failed to submit such justification as so required. ``(3) Application of procedures.--The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil monetary penalty under this subsection in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a). ``(f) Definitions.--In this section: ``(1) Applicable drug.-- ``(A) In general.--Subject to paragraph (2), the term `applicable drug' means, with respect to a lookback period described in paragraph (2), a covered outpatient drug (as defined in paragraph (2) of section 1927(k), without application of paragraph (3) of such section) that is covered under title XVIII and is not a low cost drug.

To amend title XI of the Social Security Act to provide for drug manufacturer price transparency. ``(c) Justification Described.-- ``(1) In general.--The justification described in this subsection, with respect to a triggered SPIKE increase described in subsection (b)(1) of an applicable drug of a manufacturer, is-- ``(A) all of the information described in paragraph (2); ``(B) all of the information and supporting documentation described in paragraph (3), as applicable to the increase and drug; and ``(C) a certification described in paragraph (4). ``(d) Timing.-- ``(1) Notification.--Not later than 60 days after the date on which the Secretary makes the determination that there is a triggering SPIKE increase with respect to an applicable drug, the Secretary shall notify the manufacturer of the applicable drug of such determination. ``(f) Definitions.--In this section: ``(1) Applicable drug.-- ``(A) In general.--Subject to paragraph (2), the term `applicable drug' means, with respect to a lookback period described in paragraph (2), a covered outpatient drug (as defined in paragraph (2) of section 1927(k), without application of paragraph (3) of such section) that is covered under title XVIII and is not a low cost drug.

To amend title XI of the Social Security Act to provide for drug manufacturer price transparency. ``(b) Triggered SPIKE Increase.-- ``(1) In general.--A triggered SPIKE increase occurs, with respect to an applicable drug and year (beginning with 2023), in any of the following cases: ``(A) If there is a 10 percent (or $10,000) increase with respect to the wholesale acquisition cost (or alternative cost measure specified by the Secretary under paragraph (2)) of such drug during any 12-month period beginning and ending within the lookback period that is the 5-year period preceding 2023 or 2024, respectively. ``(3) Exception.--A justification under subsection (c) shall not be required for a triggered SPIKE increase described in paragraph (1) of an applicable drug of a manufacturer if there is any portion of the lookback period described in the respective subparagraph of such paragraph for such increase that is included within the lookback period for another triggered SPIKE increase (or combination of such increases) for which a justification is made under this section for such drug by such manufacturer. ``(C) The total expenditures of the manufacturer on research and development for such drug. ``(F) Additional information specific to the manufacturer of the applicable drug, such as-- ``(i) the total revenue and net profit of the manufacturer for the period of such increase, as determined by the Secretary; ``(ii) metrics used to determine executive compensation; ``(iii) total expenditures on-- ``(I) drug research and development; or ``(II) clinical trials on drugs that failed to receive approval by the Food and Drug Administration; and ``(iv) any additional information related to drug pricing decisions of the manufacturer. ``(e) Penalties.-- ``(1) Failure to submit timely justification.--If the Secretary determines that a manufacturer has failed to submit a justification as required under this section, including in accordance with the timing and form required, with respect to an applicable drug, the Secretary shall apply a civil monetary penalty in an amount of $10,000 for each day the manufacturer has failed to submit such justification as so required. ``(3) Application of procedures.--The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil monetary penalty under this subsection in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a). ``(f) Definitions.--In this section: ``(1) Applicable drug.-- ``(A) In general.--Subject to paragraph (2), the term `applicable drug' means, with respect to a lookback period described in paragraph (2), a covered outpatient drug (as defined in paragraph (2) of section 1927(k), without application of paragraph (3) of such section) that is covered under title XVIII and is not a low cost drug.

To amend title XI of the Social Security Act to provide for drug manufacturer price transparency. ``(c) Justification Described.-- ``(1) In general.--The justification described in this subsection, with respect to a triggered SPIKE increase described in subsection (b)(1) of an applicable drug of a manufacturer, is-- ``(A) all of the information described in paragraph (2); ``(B) all of the information and supporting documentation described in paragraph (3), as applicable to the increase and drug; and ``(C) a certification described in paragraph (4). ``(d) Timing.-- ``(1) Notification.--Not later than 60 days after the date on which the Secretary makes the determination that there is a triggering SPIKE increase with respect to an applicable drug, the Secretary shall notify the manufacturer of the applicable drug of such determination. ``(f) Definitions.--In this section: ``(1) Applicable drug.-- ``(A) In general.--Subject to paragraph (2), the term `applicable drug' means, with respect to a lookback period described in paragraph (2), a covered outpatient drug (as defined in paragraph (2) of section 1927(k), without application of paragraph (3) of such section) that is covered under title XVIII and is not a low cost drug.

To amend title XI of the Social Security Act to provide for drug manufacturer price transparency. ``(3) Exception.--A justification under subsection (c) shall not be required for a triggered SPIKE increase described in paragraph (1) of an applicable drug of a manufacturer if there is any portion of the lookback period described in the respective subparagraph of such paragraph for such increase that is included within the lookback period for another triggered SPIKE increase (or combination of such increases) for which a justification is made under this section for such drug by such manufacturer. ``(F) Additional information specific to the manufacturer of the applicable drug, such as-- ``(i) the total revenue and net profit of the manufacturer for the period of such increase, as determined by the Secretary; ``(ii) metrics used to determine executive compensation; ``(iii) total expenditures on-- ``(I) drug research and development; or ``(II) clinical trials on drugs that failed to receive approval by the Food and Drug Administration; and ``(iv) any additional information related to drug pricing decisions of the manufacturer. ``(3) Application of procedures.--The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil monetary penalty under this subsection in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a). ``(f) Definitions.--In this section: ``(1) Applicable drug.-- ``(A) In general.--Subject to paragraph (2), the term `applicable drug' means, with respect to a lookback period described in paragraph (2), a covered outpatient drug (as defined in paragraph (2) of section 1927(k), without application of paragraph (3) of such section) that is covered under title XVIII and is not a low cost drug.

Stopping the Pharmaceutical Industry from Keeping Drugs Expensive Act or the SPIKE Act This bill amends title XI (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to require the Department of Health and Human Services (HHS) to determine each year if there is a triggered SPIKE increase in the wholesale acquisition cost (or alternative cost measure) Directs the Secretary of Health and Human Services (HHS) to notify the manufacturer of an applicable drug of a triggering SPIKE increase. Requires the manufacturer to submit to HHS the justification for such increase, including a summary of such justification, in a form and manner specified by HHS. Requires HHS to post on the Internet website of the Centers for Medicare & Medicaid Services (CMS)

S.3002

Immigration

Stop the Surge of Unsafe Rio Grande Encampments Act of 2021 or the Stop the SURGE Act of 2021 This bill requires the Department of Homeland Security (DHS) to transfer certain aliens who enter the United States unlawfully to new ports of entry. Specifically, if DHS encounters such an individual in certain Border Patrol sectors (generally the sectors covering Texas), DHS must immediately transfer the individual to new ports of entry established under this bill in specified locations, including Greenwich, Connecticut, and Martha's Vineyard, Massachusetts. DHS may not exercise discretion to process such individuals in any location other than the ports of entry created under this bill. These provisions shall be deemed to have taken effect on September 1, 2021.

To address the surge in illegal border crossings along the southwest border by establishing new ports of entry for processing migrants in accordance with the Immigration and Nationality Act and section 362 of the Public Health Service Act. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLES. This Act may be cited as the ``Stop the Surge of Unsafe Rio Grande Encampments Act of 2021'' or the ``Stop the SURGE Act of 2021''. SEC. 2. FINDINGS. Congress finds the following: (1) The southwest border of the United States, particularly near the Rio Grande Valley, has been inundated by illegal aliens and foreign migrants in response to lenient immigration and border policies and practices. (2) During the first 4 months of fiscal year 2021, U.S. Customs and Border Protection recorded between 71,946 and 78,414 monthly encounters with migrants along the southwest border. During the first 7 full months of the Biden administration, such encounters increased to an average of 177,883 per month, resulting in a total of 1,541,651 such encounters during the first 11 months of fiscal year 2021. (3) U.S. Customs and Border Protection encounters have increased during fiscal year 2021 in each southwest Border Patrol Sector compared to fiscal year 2020, particularly in the sectors along the Rio Grande River, where, as of August 2021, there had been an increase of-- (A) 135.8 percent in the Laredo Sector; (B) 278.7 percent in the El Paso Sector; (C) 380.3 percent in the Big Bend Sector; (D) 532.6 percent increase in the Del Rio Sector; and (E) 542.4 percent increase in the Rio Grande Valley Sector. (4) The number of encounters at the southwest border between U.S. Customs and Border Protection agents and migrants comprised the vast majority of total U.S. Customs and Border Protection encounters nationwide during fiscal year 2021. (5) During September 2021, an estimated 30,000 migrants crossed through the port of entry at the City of Del Rio, Texas, which is almost as numerous as the city's population. All of these migrants had to be processed in accordance with the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) and section 362 of the Public Health Service Act (42 U.S.C. 265). As many as 15,000 migrants gathered and waited to be processed at the Del Rio port of entry in mid-September, leading to inhumane conditions for the migrants temporarily housed under an underpass in makeshift shelters, and serious fears and uncertainty for the local residents. (6) Several Federal officials have acknowledged that officials at the Department of Homeland Security's Office of Intelligence and Analysis, U.S. Customs and Border Protection, and U.S. Immigration and Customs Enforcement were aware of the potential surge of migrants from Haiti several months before the surge occurred, but failed to stop the impending crisis. Instead of increasing deportations to discourage a surge of illegal immigration, these agencies halted all deportation flights to Haiti in the weeks leading up to the September crisis in Del Rio, Texas. (7) Although immigration policy is directed by the Federal Government, the immediate effects of such large numbers of encounters are primarily felt by the States and local communities along the southwest border. These States and local communities bear direct and indirect costs, and are most impacted by the volume of individual encounters at the border. State and local governments bear substantial costs to alleviate concerns for citizens and migrants as a result of inadequate Federal enforcement of existing immigration laws and border enforcement policies. These costs include health care, schooling, housing, and public safety expenses related to the resettlement of new arrivals. (8) The Governor of Texas originally declared a disaster in 34 Texas counties based on the increase in illegal immigration at the southwest border and has since expanded the disaster declaration to a total of 47 Texas counties, including Brewster, Brooks, Crockett, Culberson, DeWitt, Dimmit, Edwards, Frio, Goliad, Gonzales, Hudspeth, Jeff Davis, Jim Hogg, Kimble, Kinney, La Salle, Lavaca, Live Oak, Maverick, McMullen, Midland, Pecos, Presidio, Real, Terrell, Uvalde, Val Verde, Zapata, Colorado, Crane, Galveston, Kenedy, Mason, Medina, Throckmorton, Bee, Jackson, Schleicher, Sutton, Webb, Zavala, Menard, Wharton, McCulloch, Refugio, Victoria, and Wilbarger counties. The governor has deployed thousands of National Guard and Department of Public Safety troopers to the border over the past months in order to enforce existing Federal immigration laws. However, significant numbers of additional foreign migrants are still heading to the southwest border. (9) The sheer volume of migrant crossings has overwhelmed the capacity of Border Patrol sectors along the southwest border. Many U.S. Border Patrol agents have been pulled from their duties patrolling the border to help process people in custody in the southwest Border Patrol sectors, leaving parts of the border insufficiently guarded. SEC. 3. STATEMENT OF POLICY. (a) In General.--It shall be the policy of the United States for the Secretary of Homeland Security, the Commissioner of U.S. Customs and Border Protection, the Director of U.S. Citizenship and Immigration Services, the Director of U.S. Immigration and Customs Enforcement, and any other Federal agencies or military officials involved in the processing of illegal aliens and foreign migrants seeking entry or any form of legal status in the United States to adhere to the procedures described in subsection (b) when processing migrants in covered Border Patrol sectors along the southwest border. (b) Procedures.-- (1) Relocation to new ports of entry.--Any official of the Department of Homeland Security, upon encountering any alien who has illegally entered the United States in a covered Border Patrol sector, shall immediately relocate such alien to any of the new ports of entry established pursuant to section 4 and designated for immigrant processing pursuant to section 5. Any such encounter within the geographic boundaries of a covered Border Patrol sector is subject to the transfer policies, timing, and geographic limitations established under this Act. (2) Limitations.-- (A) Processing location.--No official of the Department of Homeland Security may exercise discretion to process aliens encountered in a covered Border Patrol sector under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) or section 362 of the Public Health Service Act (42 U.S.C. 265) at any location other than the new ports of entry established pursuant to section 4 and designated for immigrant processing pursuant to section 5. (B) Condition for granting temporary legal status.--No official of the Department of Homeland Security may issue a Notice to Appear, issue a Notice to Report, grant parole, defer action, grant asylum, or grant any other legal authorization to remain in the United States to any alien described in paragraph (1) until such alien has been transferred from the covered Border Patrol sector in which the alien was first encountered to one of the newly created ports of entry. (c) Covered Border Patrol Sectors.--In this Act, the term ``covered Border Patrol sector'' means-- (1) the Big Bend Sector; (2) the Del Rio Sector; (3) the El Paso Sector; (4) the Laredo Sector; and (5) the Rio Grande Sector. (d) Rules of Construction.--Nothing in this Act may be construed-- (1) to prohibit any Federal agency from facilitating and conducting deportations or removals in accordance with the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) or section 362 of the Public Health Service Act (42 U.S.C. 265); or (2) to authorize the release or parole of any alien that is not expressly authorized under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). SEC. 4. ESTABLISHMENT OF NEW PORTS OF ENTRY. The Secretary of Homeland Security shall establish new ports of entry in each of the following locations: (1) Palo Alto, California. (2) St. Helena, California. (3) Yountville, California. (4) Greenwich, Connecticut. (5) Rehoboth Beach, Delaware. (6) Cambridge, Massachusetts. (7) Martha's Vineyard, Massachusetts. (8) Nantucket, Massachusetts. (9) Block Island, Rhode Island. (10) Governors Island, New York. (11) Scarsdale, New York. (12) North Hero, Vermont. SEC. 5. TRANSFERS FOR PROCESSING MIGRANT STATUS AND IMMIGRATION CLAIMS. (a) In General.--The Secretary of Homeland Security, the Commissioner of U.S. Customs and Border Protection, the Director of U.S. Citizenship and Immigration Services, the Director of U.S. Immigration and Customs Enforcement, and any other Federal agencies or military officials involved in the processing of illegal aliens and migrants seeking entry or any form of temporary or permanent legal status in the United States shall immediately transfer aliens encountered in any covered Border Patrol sector to a new port of entry established pursuant to section 4, in accordance with the requirements and directives set forth in subsection (b). (b) Timing of Transfers.-- (1) In general.--The transfers described in subsection (a) shall-- (A) take place immediately after an alien described in section 3(b)(1) is encountered in any covered Border Patrol sector; and (B) be carried out with adequate speed to prevent temporary encampments by migrants or aliens within any covered Border Patrol sector. (2) Prohibition of discretion, delays, or deferrals.--No Federal official may exercise discretion-- (A) to delay or defer the transfer of an alien described in section 3(b)(1) from a covered Border Patrol sector for any purpose; or (B) to process an application for entry or any request for temporary or permanent legal status received from such an alien before the completion of the transfer required under subsection (a). SEC. 6. EFFECTIVE DATE. Notwithstanding the date of the enactment of this Act, the provisions of this Act shall be deemed to have taken effect on September 1, 2021. <all>

Stop the SURGE Act of 2021

A bill to address the surge in illegal border crossings along the southwest border by establishing new ports of entry for processing migrants in accordance with the Immigration and Nationality Act and section 362 of the Public Health Service Act.

Stop the SURGE Act of 2021 Stop the Surge of Unsafe Rio Grande Encampments Act of 2021

Sen. Cruz, Ted

R

TX

This bill requires the Department of Homeland Security (DHS) to transfer certain aliens who enter the United States unlawfully to new ports of entry. Specifically, if DHS encounters such an individual in certain Border Patrol sectors (generally the sectors covering Texas), DHS must immediately transfer the individual to new ports of entry established under this bill in specified locations, including Greenwich, Connecticut, and Martha's Vineyard, Massachusetts. DHS may not exercise discretion to process such individuals in any location other than the ports of entry created under this bill. These provisions shall be deemed to have taken effect on September 1, 2021.

SHORT TITLES. This Act may be cited as the ``Stop the Surge of Unsafe Rio Grande Encampments Act of 2021'' or the ``Stop the SURGE Act of 2021''. FINDINGS. During the first 7 full months of the Biden administration, such encounters increased to an average of 177,883 per month, resulting in a total of 1,541,651 such encounters during the first 11 months of fiscal year 2021. All of these migrants had to be processed in accordance with the Immigration and Nationality Act (8 U.S.C. and section 362 of the Public Health Service Act (42 U.S.C. 265). Instead of increasing deportations to discourage a surge of illegal immigration, these agencies halted all deportation flights to Haiti in the weeks leading up to the September crisis in Del Rio, Texas. (7) Although immigration policy is directed by the Federal Government, the immediate effects of such large numbers of encounters are primarily felt by the States and local communities along the southwest border. State and local governments bear substantial costs to alleviate concerns for citizens and migrants as a result of inadequate Federal enforcement of existing immigration laws and border enforcement policies. (8) The Governor of Texas originally declared a disaster in 34 Texas counties based on the increase in illegal immigration at the southwest border and has since expanded the disaster declaration to a total of 47 Texas counties, including Brewster, Brooks, Crockett, Culberson, DeWitt, Dimmit, Edwards, Frio, Goliad, Gonzales, Hudspeth, Jeff Davis, Jim Hogg, Kimble, Kinney, La Salle, Lavaca, Live Oak, Maverick, McMullen, Midland, Pecos, Presidio, Real, Terrell, Uvalde, Val Verde, Zapata, Colorado, Crane, Galveston, Kenedy, Mason, Medina, Throckmorton, Bee, Jackson, Schleicher, Sutton, Webb, Zavala, Menard, Wharton, McCulloch, Refugio, Victoria, and Wilbarger counties. 265) at any location other than the new ports of entry established pursuant to section 4 and designated for immigrant processing pursuant to section 5. (B) Condition for granting temporary legal status.--No official of the Department of Homeland Security may issue a Notice to Appear, issue a Notice to Report, grant parole, defer action, grant asylum, or grant any other legal authorization to remain in the United States to any alien described in paragraph (1) until such alien has been transferred from the covered Border Patrol sector in which the alien was first encountered to one of the newly created ports of entry. (c) Covered Border Patrol Sectors.--In this Act, the term ``covered Border Patrol sector'' means-- (1) the Big Bend Sector; (2) the Del Rio Sector; (3) the El Paso Sector; (4) the Laredo Sector; and (5) the Rio Grande Sector. 1101 et seq.). ESTABLISHMENT OF NEW PORTS OF ENTRY. (3) Yountville, California. (8) Nantucket, Massachusetts. (9) Block Island, Rhode Island. (10) Governors Island, New York. (12) North Hero, Vermont. TRANSFERS FOR PROCESSING MIGRANT STATUS AND IMMIGRATION CLAIMS. (a) In General.--The Secretary of Homeland Security, the Commissioner of U.S. Customs and Border Protection, the Director of U.S. SEC. 6. EFFECTIVE DATE.

This Act may be cited as the ``Stop the Surge of Unsafe Rio Grande Encampments Act of 2021'' or the ``Stop the SURGE Act of 2021''. During the first 7 full months of the Biden administration, such encounters increased to an average of 177,883 per month, resulting in a total of 1,541,651 such encounters during the first 11 months of fiscal year 2021. and section 362 of the Public Health Service Act (42 U.S.C. 265). Instead of increasing deportations to discourage a surge of illegal immigration, these agencies halted all deportation flights to Haiti in the weeks leading up to the September crisis in Del Rio, Texas. (7) Although immigration policy is directed by the Federal Government, the immediate effects of such large numbers of encounters are primarily felt by the States and local communities along the southwest border. State and local governments bear substantial costs to alleviate concerns for citizens and migrants as a result of inadequate Federal enforcement of existing immigration laws and border enforcement policies. 265) at any location other than the new ports of entry established pursuant to section 4 and designated for immigrant processing pursuant to section 5. (B) Condition for granting temporary legal status.--No official of the Department of Homeland Security may issue a Notice to Appear, issue a Notice to Report, grant parole, defer action, grant asylum, or grant any other legal authorization to remain in the United States to any alien described in paragraph (1) until such alien has been transferred from the covered Border Patrol sector in which the alien was first encountered to one of the newly created ports of entry. (c) Covered Border Patrol Sectors.--In this Act, the term ``covered Border Patrol sector'' means-- (1) the Big Bend Sector; (2) the Del Rio Sector; (3) the El Paso Sector; (4) the Laredo Sector; and (5) the Rio Grande Sector. 1101 et seq.). ESTABLISHMENT OF NEW PORTS OF ENTRY. (3) Yountville, California. (8) Nantucket, Massachusetts. (9) Block Island, Rhode Island. TRANSFERS FOR PROCESSING MIGRANT STATUS AND IMMIGRATION CLAIMS. (a) In General.--The Secretary of Homeland Security, the Commissioner of U.S. Customs and Border Protection, the Director of U.S. SEC. 6. EFFECTIVE DATE.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLES. This Act may be cited as the ``Stop the Surge of Unsafe Rio Grande Encampments Act of 2021'' or the ``Stop the SURGE Act of 2021''. FINDINGS. During the first 7 full months of the Biden administration, such encounters increased to an average of 177,883 per month, resulting in a total of 1,541,651 such encounters during the first 11 months of fiscal year 2021. (5) During September 2021, an estimated 30,000 migrants crossed through the port of entry at the City of Del Rio, Texas, which is almost as numerous as the city's population. All of these migrants had to be processed in accordance with the Immigration and Nationality Act (8 U.S.C. and section 362 of the Public Health Service Act (42 U.S.C. 265). Instead of increasing deportations to discourage a surge of illegal immigration, these agencies halted all deportation flights to Haiti in the weeks leading up to the September crisis in Del Rio, Texas. (7) Although immigration policy is directed by the Federal Government, the immediate effects of such large numbers of encounters are primarily felt by the States and local communities along the southwest border. State and local governments bear substantial costs to alleviate concerns for citizens and migrants as a result of inadequate Federal enforcement of existing immigration laws and border enforcement policies. These costs include health care, schooling, housing, and public safety expenses related to the resettlement of new arrivals. (8) The Governor of Texas originally declared a disaster in 34 Texas counties based on the increase in illegal immigration at the southwest border and has since expanded the disaster declaration to a total of 47 Texas counties, including Brewster, Brooks, Crockett, Culberson, DeWitt, Dimmit, Edwards, Frio, Goliad, Gonzales, Hudspeth, Jeff Davis, Jim Hogg, Kimble, Kinney, La Salle, Lavaca, Live Oak, Maverick, McMullen, Midland, Pecos, Presidio, Real, Terrell, Uvalde, Val Verde, Zapata, Colorado, Crane, Galveston, Kenedy, Mason, Medina, Throckmorton, Bee, Jackson, Schleicher, Sutton, Webb, Zavala, Menard, Wharton, McCulloch, Refugio, Victoria, and Wilbarger counties. However, significant numbers of additional foreign migrants are still heading to the southwest border. Many U.S. Border Patrol agents have been pulled from their duties patrolling the border to help process people in custody in the southwest Border Patrol sectors, leaving parts of the border insufficiently guarded. Any such encounter within the geographic boundaries of a covered Border Patrol sector is subject to the transfer policies, timing, and geographic limitations established under this Act. 265) at any location other than the new ports of entry established pursuant to section 4 and designated for immigrant processing pursuant to section 5. (B) Condition for granting temporary legal status.--No official of the Department of Homeland Security may issue a Notice to Appear, issue a Notice to Report, grant parole, defer action, grant asylum, or grant any other legal authorization to remain in the United States to any alien described in paragraph (1) until such alien has been transferred from the covered Border Patrol sector in which the alien was first encountered to one of the newly created ports of entry. (c) Covered Border Patrol Sectors.--In this Act, the term ``covered Border Patrol sector'' means-- (1) the Big Bend Sector; (2) the Del Rio Sector; (3) the El Paso Sector; (4) the Laredo Sector; and (5) the Rio Grande Sector. 1101 et seq.). ESTABLISHMENT OF NEW PORTS OF ENTRY. (3) Yountville, California. (4) Greenwich, Connecticut. (5) Rehoboth Beach, Delaware. (8) Nantucket, Massachusetts. (9) Block Island, Rhode Island. (10) Governors Island, New York. (12) North Hero, Vermont. TRANSFERS FOR PROCESSING MIGRANT STATUS AND IMMIGRATION CLAIMS. (a) In General.--The Secretary of Homeland Security, the Commissioner of U.S. Customs and Border Protection, the Director of U.S. (2) Prohibition of discretion, delays, or deferrals.--No Federal official may exercise discretion-- (A) to delay or defer the transfer of an alien described in section 3(b)(1) from a covered Border Patrol sector for any purpose; or (B) to process an application for entry or any request for temporary or permanent legal status received from such an alien before the completion of the transfer required under subsection (a). SEC. 6. EFFECTIVE DATE. Notwithstanding the date of the enactment of this Act, the provisions of this Act shall be deemed to have taken effect on September 1, 2021.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLES. This Act may be cited as the ``Stop the Surge of Unsafe Rio Grande Encampments Act of 2021'' or the ``Stop the SURGE Act of 2021''. FINDINGS. During the first 7 full months of the Biden administration, such encounters increased to an average of 177,883 per month, resulting in a total of 1,541,651 such encounters during the first 11 months of fiscal year 2021. (3) U.S. Customs and Border Protection encounters have increased during fiscal year 2021 in each southwest Border Patrol Sector compared to fiscal year 2020, particularly in the sectors along the Rio Grande River, where, as of August 2021, there had been an increase of-- (A) 135.8 percent in the Laredo Sector; (B) 278.7 percent in the El Paso Sector; (C) 380.3 percent in the Big Bend Sector; (D) 532.6 percent increase in the Del Rio Sector; and (E) 542.4 percent increase in the Rio Grande Valley Sector. (5) During September 2021, an estimated 30,000 migrants crossed through the port of entry at the City of Del Rio, Texas, which is almost as numerous as the city's population. All of these migrants had to be processed in accordance with the Immigration and Nationality Act (8 U.S.C. and section 362 of the Public Health Service Act (42 U.S.C. 265). As many as 15,000 migrants gathered and waited to be processed at the Del Rio port of entry in mid-September, leading to inhumane conditions for the migrants temporarily housed under an underpass in makeshift shelters, and serious fears and uncertainty for the local residents. (6) Several Federal officials have acknowledged that officials at the Department of Homeland Security's Office of Intelligence and Analysis, U.S. Customs and Border Protection, and U.S. Immigration and Customs Enforcement were aware of the potential surge of migrants from Haiti several months before the surge occurred, but failed to stop the impending crisis. Instead of increasing deportations to discourage a surge of illegal immigration, these agencies halted all deportation flights to Haiti in the weeks leading up to the September crisis in Del Rio, Texas. (7) Although immigration policy is directed by the Federal Government, the immediate effects of such large numbers of encounters are primarily felt by the States and local communities along the southwest border. State and local governments bear substantial costs to alleviate concerns for citizens and migrants as a result of inadequate Federal enforcement of existing immigration laws and border enforcement policies. These costs include health care, schooling, housing, and public safety expenses related to the resettlement of new arrivals. (8) The Governor of Texas originally declared a disaster in 34 Texas counties based on the increase in illegal immigration at the southwest border and has since expanded the disaster declaration to a total of 47 Texas counties, including Brewster, Brooks, Crockett, Culberson, DeWitt, Dimmit, Edwards, Frio, Goliad, Gonzales, Hudspeth, Jeff Davis, Jim Hogg, Kimble, Kinney, La Salle, Lavaca, Live Oak, Maverick, McMullen, Midland, Pecos, Presidio, Real, Terrell, Uvalde, Val Verde, Zapata, Colorado, Crane, Galveston, Kenedy, Mason, Medina, Throckmorton, Bee, Jackson, Schleicher, Sutton, Webb, Zavala, Menard, Wharton, McCulloch, Refugio, Victoria, and Wilbarger counties. The governor has deployed thousands of National Guard and Department of Public Safety troopers to the border over the past months in order to enforce existing Federal immigration laws. However, significant numbers of additional foreign migrants are still heading to the southwest border. (9) The sheer volume of migrant crossings has overwhelmed the capacity of Border Patrol sectors along the southwest border. Many U.S. Border Patrol agents have been pulled from their duties patrolling the border to help process people in custody in the southwest Border Patrol sectors, leaving parts of the border insufficiently guarded. STATEMENT OF POLICY. Any such encounter within the geographic boundaries of a covered Border Patrol sector is subject to the transfer policies, timing, and geographic limitations established under this Act. 265) at any location other than the new ports of entry established pursuant to section 4 and designated for immigrant processing pursuant to section 5. (B) Condition for granting temporary legal status.--No official of the Department of Homeland Security may issue a Notice to Appear, issue a Notice to Report, grant parole, defer action, grant asylum, or grant any other legal authorization to remain in the United States to any alien described in paragraph (1) until such alien has been transferred from the covered Border Patrol sector in which the alien was first encountered to one of the newly created ports of entry. (c) Covered Border Patrol Sectors.--In this Act, the term ``covered Border Patrol sector'' means-- (1) the Big Bend Sector; (2) the Del Rio Sector; (3) the El Paso Sector; (4) the Laredo Sector; and (5) the Rio Grande Sector. 1101 et seq.). ESTABLISHMENT OF NEW PORTS OF ENTRY. (2) St. Helena, California. (3) Yountville, California. (4) Greenwich, Connecticut. (5) Rehoboth Beach, Delaware. (7) Martha's Vineyard, Massachusetts. (8) Nantucket, Massachusetts. (9) Block Island, Rhode Island. (10) Governors Island, New York. (12) North Hero, Vermont. TRANSFERS FOR PROCESSING MIGRANT STATUS AND IMMIGRATION CLAIMS. (a) In General.--The Secretary of Homeland Security, the Commissioner of U.S. Customs and Border Protection, the Director of U.S. (2) Prohibition of discretion, delays, or deferrals.--No Federal official may exercise discretion-- (A) to delay or defer the transfer of an alien described in section 3(b)(1) from a covered Border Patrol sector for any purpose; or (B) to process an application for entry or any request for temporary or permanent legal status received from such an alien before the completion of the transfer required under subsection (a). SEC. 6. EFFECTIVE DATE. Notwithstanding the date of the enactment of this Act, the provisions of this Act shall be deemed to have taken effect on September 1, 2021.

To address the surge in illegal border crossings along the southwest border by establishing new ports of entry for processing migrants in accordance with the Immigration and Nationality Act and section 362 of the Public Health Service Act. Congress finds the following: (1) The southwest border of the United States, particularly near the Rio Grande Valley, has been inundated by illegal aliens and foreign migrants in response to lenient immigration and border policies and practices. ( (3) U.S. Customs and Border Protection encounters have increased during fiscal year 2021 in each southwest Border Patrol Sector compared to fiscal year 2020, particularly in the sectors along the Rio Grande River, where, as of August 2021, there had been an increase of-- (A) 135.8 percent in the Laredo Sector; (B) 278.7 percent in the El Paso Sector; (C) 380.3 percent in the Big Bend Sector; (D) 532.6 percent increase in the Del Rio Sector; and (E) 542.4 percent increase in the Rio Grande Valley Sector. ( 4) The number of encounters at the southwest border between U.S. Customs and Border Protection agents and migrants comprised the vast majority of total U.S. Customs and Border Protection encounters nationwide during fiscal year 2021. ( (6) Several Federal officials have acknowledged that officials at the Department of Homeland Security's Office of Intelligence and Analysis, U.S. Customs and Border Protection, and U.S. Immigration and Customs Enforcement were aware of the potential surge of migrants from Haiti several months before the surge occurred, but failed to stop the impending crisis. These States and local communities bear direct and indirect costs, and are most impacted by the volume of individual encounters at the border. The governor has deployed thousands of National Guard and Department of Public Safety troopers to the border over the past months in order to enforce existing Federal immigration laws. Many U.S. Border Patrol agents have been pulled from their duties patrolling the border to help process people in custody in the southwest Border Patrol sectors, leaving parts of the border insufficiently guarded. Citizenship and Immigration Services, the Director of U.S. Immigration and Customs Enforcement, and any other Federal agencies or military officials involved in the processing of illegal aliens and foreign migrants seeking entry or any form of legal status in the United States to adhere to the procedures described in subsection (b) when processing migrants in covered Border Patrol sectors along the southwest border. ( or section 362 of the Public Health Service Act (42 U.S.C. 265) at any location other than the new ports of entry established pursuant to section 4 and designated for immigrant processing pursuant to section 5. (B) Condition for granting temporary legal status.--No official of the Department of Homeland Security may issue a Notice to Appear, issue a Notice to Report, grant parole, defer action, grant asylum, or grant any other legal authorization to remain in the United States to any alien described in paragraph (1) until such alien has been transferred from the covered Border Patrol sector in which the alien was first encountered to one of the newly created ports of entry. ( or section 362 of the Public Health Service Act (42 U.S.C. 265); or (2) to authorize the release or parole of any alien that is not expressly authorized under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). 2) St. Helena, California. ( (7) Martha's Vineyard, Massachusetts. ( 10) Governors Island, New York. ( (2) Prohibition of discretion, delays, or deferrals.--No Federal official may exercise discretion-- (A) to delay or defer the transfer of an alien described in section 3(b)(1) from a covered Border Patrol sector for any purpose; or (B) to process an application for entry or any request for temporary or permanent legal status received from such an alien before the completion of the transfer required under subsection (a). Notwithstanding the date of the enactment of this Act, the provisions of this Act shall be deemed to have taken effect on September 1, 2021.

To address the surge in illegal border crossings along the southwest border by establishing new ports of entry for processing migrants in accordance with the Immigration and Nationality Act and section 362 of the Public Health Service Act. 4) The number of encounters at the southwest border between U.S. Customs and Border Protection agents and migrants comprised the vast majority of total U.S. Customs and Border Protection encounters nationwide during fiscal year 2021. ( All of these migrants had to be processed in accordance with the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) 6) Several Federal officials have acknowledged that officials at the Department of Homeland Security's Office of Intelligence and Analysis, U.S. Customs and Border Protection, and U.S. Immigration and Customs Enforcement were aware of the potential surge of migrants from Haiti several months before the surge occurred, but failed to stop the impending crisis. The governor has deployed thousands of National Guard and Department of Public Safety troopers to the border over the past months in order to enforce existing Federal immigration laws. a) In General.--It shall be the policy of the United States for the Secretary of Homeland Security, the Commissioner of U.S. Customs and Border Protection, the Director of U.S. Citizenship and Immigration Services, the Director of U.S. Immigration and Customs Enforcement, and any other Federal agencies or military officials involved in the processing of illegal aliens and foreign migrants seeking entry or any form of legal status in the United States to adhere to the procedures described in subsection (b) when processing migrants in covered Border Patrol sectors along the southwest border. ( (B) Condition for granting temporary legal status.--No official of the Department of Homeland Security may issue a Notice to Appear, issue a Notice to Report, grant parole, defer action, grant asylum, or grant any other legal authorization to remain in the United States to any alien described in paragraph (1) until such alien has been transferred from the covered Border Patrol sector in which the alien was first encountered to one of the newly created ports of entry. ( d) Rules of Construction.--Nothing in this Act may be construed-- (1) to prohibit any Federal agency from facilitating and conducting deportations or removals in accordance with the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) 10) Governors Island, New York. ( a) In General.--The Secretary of Homeland Security, the Commissioner of U.S. Customs and Border Protection, the Director of U.S. Citizenship and Immigration Services, the Director of U.S. Immigration and Customs Enforcement, and any other Federal agencies or military officials involved in the processing of illegal aliens and migrants seeking entry or any form of temporary or permanent legal status in the United States shall immediately transfer aliens encountered in any covered Border Patrol sector to a new port of entry established pursuant to section 4, in accordance with the requirements and directives set forth in subsection (b). ( b) Timing of Transfers.-- (1) In general.--The transfers described in subsection (a) shall-- (A) take place immediately after an alien described in section 3(b)(1) is encountered in any covered Border Patrol sector; and (B) be carried out with adequate speed to prevent temporary encampments by migrants or aliens within any covered Border Patrol sector. (

To address the surge in illegal border crossings along the southwest border by establishing new ports of entry for processing migrants in accordance with the Immigration and Nationality Act and section 362 of the Public Health Service Act. 4) The number of encounters at the southwest border between U.S. Customs and Border Protection agents and migrants comprised the vast majority of total U.S. Customs and Border Protection encounters nationwide during fiscal year 2021. ( All of these migrants had to be processed in accordance with the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) 6) Several Federal officials have acknowledged that officials at the Department of Homeland Security's Office of Intelligence and Analysis, U.S. Customs and Border Protection, and U.S. Immigration and Customs Enforcement were aware of the potential surge of migrants from Haiti several months before the surge occurred, but failed to stop the impending crisis. The governor has deployed thousands of National Guard and Department of Public Safety troopers to the border over the past months in order to enforce existing Federal immigration laws. a) In General.--It shall be the policy of the United States for the Secretary of Homeland Security, the Commissioner of U.S. Customs and Border Protection, the Director of U.S. Citizenship and Immigration Services, the Director of U.S. Immigration and Customs Enforcement, and any other Federal agencies or military officials involved in the processing of illegal aliens and foreign migrants seeking entry or any form of legal status in the United States to adhere to the procedures described in subsection (b) when processing migrants in covered Border Patrol sectors along the southwest border. ( (B) Condition for granting temporary legal status.--No official of the Department of Homeland Security may issue a Notice to Appear, issue a Notice to Report, grant parole, defer action, grant asylum, or grant any other legal authorization to remain in the United States to any alien described in paragraph (1) until such alien has been transferred from the covered Border Patrol sector in which the alien was first encountered to one of the newly created ports of entry. ( d) Rules of Construction.--Nothing in this Act may be construed-- (1) to prohibit any Federal agency from facilitating and conducting deportations or removals in accordance with the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) 10) Governors Island, New York. ( a) In General.--The Secretary of Homeland Security, the Commissioner of U.S. Customs and Border Protection, the Director of U.S. Citizenship and Immigration Services, the Director of U.S. Immigration and Customs Enforcement, and any other Federal agencies or military officials involved in the processing of illegal aliens and migrants seeking entry or any form of temporary or permanent legal status in the United States shall immediately transfer aliens encountered in any covered Border Patrol sector to a new port of entry established pursuant to section 4, in accordance with the requirements and directives set forth in subsection (b). ( b) Timing of Transfers.-- (1) In general.--The transfers described in subsection (a) shall-- (A) take place immediately after an alien described in section 3(b)(1) is encountered in any covered Border Patrol sector; and (B) be carried out with adequate speed to prevent temporary encampments by migrants or aliens within any covered Border Patrol sector. (

To address the surge in illegal border crossings along the southwest border by establishing new ports of entry for processing migrants in accordance with the Immigration and Nationality Act and section 362 of the Public Health Service Act. Congress finds the following: (1) The southwest border of the United States, particularly near the Rio Grande Valley, has been inundated by illegal aliens and foreign migrants in response to lenient immigration and border policies and practices. ( (3) U.S. Customs and Border Protection encounters have increased during fiscal year 2021 in each southwest Border Patrol Sector compared to fiscal year 2020, particularly in the sectors along the Rio Grande River, where, as of August 2021, there had been an increase of-- (A) 135.8 percent in the Laredo Sector; (B) 278.7 percent in the El Paso Sector; (C) 380.3 percent in the Big Bend Sector; (D) 532.6 percent increase in the Del Rio Sector; and (E) 542.4 percent increase in the Rio Grande Valley Sector. ( 4) The number of encounters at the southwest border between U.S. Customs and Border Protection agents and migrants comprised the vast majority of total U.S. Customs and Border Protection encounters nationwide during fiscal year 2021. ( (6) Several Federal officials have acknowledged that officials at the Department of Homeland Security's Office of Intelligence and Analysis, U.S. Customs and Border Protection, and U.S. Immigration and Customs Enforcement were aware of the potential surge of migrants from Haiti several months before the surge occurred, but failed to stop the impending crisis. These States and local communities bear direct and indirect costs, and are most impacted by the volume of individual encounters at the border. The governor has deployed thousands of National Guard and Department of Public Safety troopers to the border over the past months in order to enforce existing Federal immigration laws. Many U.S. Border Patrol agents have been pulled from their duties patrolling the border to help process people in custody in the southwest Border Patrol sectors, leaving parts of the border insufficiently guarded. Citizenship and Immigration Services, the Director of U.S. Immigration and Customs Enforcement, and any other Federal agencies or military officials involved in the processing of illegal aliens and foreign migrants seeking entry or any form of legal status in the United States to adhere to the procedures described in subsection (b) when processing migrants in covered Border Patrol sectors along the southwest border. ( or section 362 of the Public Health Service Act (42 U.S.C. 265) at any location other than the new ports of entry established pursuant to section 4 and designated for immigrant processing pursuant to section 5. (B) Condition for granting temporary legal status.--No official of the Department of Homeland Security may issue a Notice to Appear, issue a Notice to Report, grant parole, defer action, grant asylum, or grant any other legal authorization to remain in the United States to any alien described in paragraph (1) until such alien has been transferred from the covered Border Patrol sector in which the alien was first encountered to one of the newly created ports of entry. ( or section 362 of the Public Health Service Act (42 U.S.C. 265); or (2) to authorize the release or parole of any alien that is not expressly authorized under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). 2) St. Helena, California. ( (7) Martha's Vineyard, Massachusetts. ( 10) Governors Island, New York. ( (2) Prohibition of discretion, delays, or deferrals.--No Federal official may exercise discretion-- (A) to delay or defer the transfer of an alien described in section 3(b)(1) from a covered Border Patrol sector for any purpose; or (B) to process an application for entry or any request for temporary or permanent legal status received from such an alien before the completion of the transfer required under subsection (a). Notwithstanding the date of the enactment of this Act, the provisions of this Act shall be deemed to have taken effect on September 1, 2021.

To address the surge in illegal border crossings along the southwest border by establishing new ports of entry for processing migrants in accordance with the Immigration and Nationality Act and section 362 of the Public Health Service Act. 4) The number of encounters at the southwest border between U.S. Customs and Border Protection agents and migrants comprised the vast majority of total U.S. Customs and Border Protection encounters nationwide during fiscal year 2021. ( All of these migrants had to be processed in accordance with the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) 6) Several Federal officials have acknowledged that officials at the Department of Homeland Security's Office of Intelligence and Analysis, U.S. Customs and Border Protection, and U.S. Immigration and Customs Enforcement were aware of the potential surge of migrants from Haiti several months before the surge occurred, but failed to stop the impending crisis. The governor has deployed thousands of National Guard and Department of Public Safety troopers to the border over the past months in order to enforce existing Federal immigration laws. a) In General.--It shall be the policy of the United States for the Secretary of Homeland Security, the Commissioner of U.S. Customs and Border Protection, the Director of U.S. Citizenship and Immigration Services, the Director of U.S. Immigration and Customs Enforcement, and any other Federal agencies or military officials involved in the processing of illegal aliens and foreign migrants seeking entry or any form of legal status in the United States to adhere to the procedures described in subsection (b) when processing migrants in covered Border Patrol sectors along the southwest border. ( (B) Condition for granting temporary legal status.--No official of the Department of Homeland Security may issue a Notice to Appear, issue a Notice to Report, grant parole, defer action, grant asylum, or grant any other legal authorization to remain in the United States to any alien described in paragraph (1) until such alien has been transferred from the covered Border Patrol sector in which the alien was first encountered to one of the newly created ports of entry. ( d) Rules of Construction.--Nothing in this Act may be construed-- (1) to prohibit any Federal agency from facilitating and conducting deportations or removals in accordance with the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) 10) Governors Island, New York. ( a) In General.--The Secretary of Homeland Security, the Commissioner of U.S. Customs and Border Protection, the Director of U.S. Citizenship and Immigration Services, the Director of U.S. Immigration and Customs Enforcement, and any other Federal agencies or military officials involved in the processing of illegal aliens and migrants seeking entry or any form of temporary or permanent legal status in the United States shall immediately transfer aliens encountered in any covered Border Patrol sector to a new port of entry established pursuant to section 4, in accordance with the requirements and directives set forth in subsection (b). ( b) Timing of Transfers.-- (1) In general.--The transfers described in subsection (a) shall-- (A) take place immediately after an alien described in section 3(b)(1) is encountered in any covered Border Patrol sector; and (B) be carried out with adequate speed to prevent temporary encampments by migrants or aliens within any covered Border Patrol sector. (

To address the surge in illegal border crossings along the southwest border by establishing new ports of entry for processing migrants in accordance with the Immigration and Nationality Act and section 362 of the Public Health Service Act. Congress finds the following: (1) The southwest border of the United States, particularly near the Rio Grande Valley, has been inundated by illegal aliens and foreign migrants in response to lenient immigration and border policies and practices. ( (3) U.S. Customs and Border Protection encounters have increased during fiscal year 2021 in each southwest Border Patrol Sector compared to fiscal year 2020, particularly in the sectors along the Rio Grande River, where, as of August 2021, there had been an increase of-- (A) 135.8 percent in the Laredo Sector; (B) 278.7 percent in the El Paso Sector; (C) 380.3 percent in the Big Bend Sector; (D) 532.6 percent increase in the Del Rio Sector; and (E) 542.4 percent increase in the Rio Grande Valley Sector. ( 4) The number of encounters at the southwest border between U.S. Customs and Border Protection agents and migrants comprised the vast majority of total U.S. Customs and Border Protection encounters nationwide during fiscal year 2021. ( (6) Several Federal officials have acknowledged that officials at the Department of Homeland Security's Office of Intelligence and Analysis, U.S. Customs and Border Protection, and U.S. Immigration and Customs Enforcement were aware of the potential surge of migrants from Haiti several months before the surge occurred, but failed to stop the impending crisis. These States and local communities bear direct and indirect costs, and are most impacted by the volume of individual encounters at the border. The governor has deployed thousands of National Guard and Department of Public Safety troopers to the border over the past months in order to enforce existing Federal immigration laws. Many U.S. Border Patrol agents have been pulled from their duties patrolling the border to help process people in custody in the southwest Border Patrol sectors, leaving parts of the border insufficiently guarded. Citizenship and Immigration Services, the Director of U.S. Immigration and Customs Enforcement, and any other Federal agencies or military officials involved in the processing of illegal aliens and foreign migrants seeking entry or any form of legal status in the United States to adhere to the procedures described in subsection (b) when processing migrants in covered Border Patrol sectors along the southwest border. ( or section 362 of the Public Health Service Act (42 U.S.C. 265) at any location other than the new ports of entry established pursuant to section 4 and designated for immigrant processing pursuant to section 5. (B) Condition for granting temporary legal status.--No official of the Department of Homeland Security may issue a Notice to Appear, issue a Notice to Report, grant parole, defer action, grant asylum, or grant any other legal authorization to remain in the United States to any alien described in paragraph (1) until such alien has been transferred from the covered Border Patrol sector in which the alien was first encountered to one of the newly created ports of entry. ( or section 362 of the Public Health Service Act (42 U.S.C. 265); or (2) to authorize the release or parole of any alien that is not expressly authorized under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). 2) St. Helena, California. ( (7) Martha's Vineyard, Massachusetts. ( 10) Governors Island, New York. ( (2) Prohibition of discretion, delays, or deferrals.--No Federal official may exercise discretion-- (A) to delay or defer the transfer of an alien described in section 3(b)(1) from a covered Border Patrol sector for any purpose; or (B) to process an application for entry or any request for temporary or permanent legal status received from such an alien before the completion of the transfer required under subsection (a). Notwithstanding the date of the enactment of this Act, the provisions of this Act shall be deemed to have taken effect on September 1, 2021.

To address the surge in illegal border crossings along the southwest border by establishing new ports of entry for processing migrants in accordance with the Immigration and Nationality Act and section 362 of the Public Health Service Act. 6) Several Federal officials have acknowledged that officials at the Department of Homeland Security's Office of Intelligence and Analysis, U.S. Customs and Border Protection, and U.S. Immigration and Customs Enforcement were aware of the potential surge of migrants from Haiti several months before the surge occurred, but failed to stop the impending crisis. ( d) Rules of Construction.--Nothing in this Act may be construed-- (1) to prohibit any Federal agency from facilitating and conducting deportations or removals in accordance with the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) 10) Governors Island, New York. (

To address the surge in illegal border crossings along the southwest border by establishing new ports of entry for processing migrants in accordance with the Immigration and Nationality Act and section 362 of the Public Health Service Act. 4) The number of encounters at the southwest border between U.S. Customs and Border Protection agents and migrants comprised the vast majority of total U.S. Customs and Border Protection encounters nationwide during fiscal year 2021. ( (6) Several Federal officials have acknowledged that officials at the Department of Homeland Security's Office of Intelligence and Analysis, U.S. Customs and Border Protection, and U.S. Immigration and Customs Enforcement were aware of the potential surge of migrants from Haiti several months before the surge occurred, but failed to stop the impending crisis. Citizenship and Immigration Services, the Director of U.S. Immigration and Customs Enforcement, and any other Federal agencies or military officials involved in the processing of illegal aliens and foreign migrants seeking entry or any form of legal status in the United States to adhere to the procedures described in subsection (b) when processing migrants in covered Border Patrol sectors along the southwest border. ( (B) Condition for granting temporary legal status.--No official of the Department of Homeland Security may issue a Notice to Appear, issue a Notice to Report, grant parole, defer action, grant asylum, or grant any other legal authorization to remain in the United States to any alien described in paragraph (1) until such alien has been transferred from the covered Border Patrol sector in which the alien was first encountered to one of the newly created ports of entry. ( 2) St. Helena, California. ( (

To address the surge in illegal border crossings along the southwest border by establishing new ports of entry for processing migrants in accordance with the Immigration and Nationality Act and section 362 of the Public Health Service Act. 6) Several Federal officials have acknowledged that officials at the Department of Homeland Security's Office of Intelligence and Analysis, U.S. Customs and Border Protection, and U.S. Immigration and Customs Enforcement were aware of the potential surge of migrants from Haiti several months before the surge occurred, but failed to stop the impending crisis. ( d) Rules of Construction.--Nothing in this Act may be construed-- (1) to prohibit any Federal agency from facilitating and conducting deportations or removals in accordance with the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) 10) Governors Island, New York. (

To address the surge in illegal border crossings along the southwest border by establishing new ports of entry for processing migrants in accordance with the Immigration and Nationality Act and section 362 of the Public Health Service Act. 4) The number of encounters at the southwest border between U.S. Customs and Border Protection agents and migrants comprised the vast majority of total U.S. Customs and Border Protection encounters nationwide during fiscal year 2021. ( (6) Several Federal officials have acknowledged that officials at the Department of Homeland Security's Office of Intelligence and Analysis, U.S. Customs and Border Protection, and U.S. Immigration and Customs Enforcement were aware of the potential surge of migrants from Haiti several months before the surge occurred, but failed to stop the impending crisis. Citizenship and Immigration Services, the Director of U.S. Immigration and Customs Enforcement, and any other Federal agencies or military officials involved in the processing of illegal aliens and foreign migrants seeking entry or any form of legal status in the United States to adhere to the procedures described in subsection (b) when processing migrants in covered Border Patrol sectors along the southwest border. ( (B) Condition for granting temporary legal status.--No official of the Department of Homeland Security may issue a Notice to Appear, issue a Notice to Report, grant parole, defer action, grant asylum, or grant any other legal authorization to remain in the United States to any alien described in paragraph (1) until such alien has been transferred from the covered Border Patrol sector in which the alien was first encountered to one of the newly created ports of entry. ( 2) St. Helena, California. ( (

Stop the Surge of Unsafe Rio Grande Encampments Act of 2021 or the STOP the SURGE Act of 2011 - Amends the Immigration and Nationality Act to direct the Secretary of Homeland Security (DHS) to: (1) establish new ports of entry for processing illegal aliens and foreign migrants along the U.S.-Mexican border; and (2) increase the number Directs the Secretary of Homeland Security, the Commissioner of U.S. Customs and Border Protection, the Director of Immigration and Customs Enforcement (ICE), and any other federal agency or military officials involved in the processing of illegal aliens and migrants seeking entry or any form of temporary or permanent legal status in the United States to immediately transfer aliens encountered in any covered Border Patrol sector to a

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

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.

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. 253. REMOVAL OF BARRIERS TO ENTRY. ``(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. ``(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). ``(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. ``(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. ``(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.''.

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. 253. ``(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. ``(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). ``(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. ``(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. ``(2) Telecommunications service facility.--The term `telecommunications service facility' means a facility for the provision of any interstate or intrastate telecommunications service.''.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Barriers and Regulatory Obstacles Avoids Deployment of Broadband Access and Needs Deregulatory Leadership Act'' or the ``BROADBAND Leadership Act''. SEC. 253. REMOVAL OF BARRIERS TO ENTRY. ``(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. ``(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. ``(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. ``(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. ``(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). ``(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. ``(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. ``(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.''.

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. 253) is amended to read as follows: ``SEC. 253. REMOVAL OF BARRIERS TO ENTRY. ``(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. ``(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. ``(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. ``(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. ``(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. ``(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). ``(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. ``(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. ``(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.''.

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

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

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

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

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

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

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

To amend the Communications Act of 1934 to streamline siting processes for telecommunications service facilities, and for other purposes. ``(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. ``(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. ``(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. ``(g) Commercial Mobile Service Providers.--Nothing in this section shall affect the application of section 332(c)(3) to commercial mobile service providers. ``(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.

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

To amend the Communications Act of 1934 to streamline siting processes for telecommunications service facilities, and for other purposes. ``(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. ``(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. ``(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. ``(g) Commercial Mobile Service Providers.--Nothing in this section shall affect the application of section 332(c)(3) to commercial mobile service providers. ``(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.

Barriers and Regulatory Obstacles Avoids Deployment of Broadband Access and Needs Deregulatory Leadership Act or the BROADBAND Leadership Act - Amends the Communications Act of 1934 to prohibit any state or local statute or regulation from prohibiting or having the effect of prohibiting the ability of any entity to provide or enhance any interstate or intrastate telecommunications service. Amends Prohibits a state from requiring 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 certain requirements before being permitted to provide such service. This prohibition shall not apply to a rural telecommunications company that has obtained an exemption, suspension, or modification of section 251(c)(4) that effectively prevents a competitor from meeting

S.3630

Health

Supporting Care for Dual Eligibles Act This bill establishes and provides funds for grants to support the provision of services to those who are dually eligible for Medicare and Medicaid. Specifically, the bill establishes and provides funds for FY2022 for the Dual Eligible Quality Care Fund. The Centers for Medicare & Medicaid Services (CMS) must use the funds for grants to state Medicaid programs to support quality integrated care for dual eligible beneficiaries, including technology improvements, staff support, and administrative services for beneficiaries. The bill also requires the CMS to biennially audit state Medicaid programs with respect to improper payments; states must also submit plans for mitigating improper payments.

To establish a Dual Eligible Quality Care Fund to provide grants to State Medicaid programs to improve their capacity to ensure the provision of quality integrated care for dual eligible beneficiaries. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Supporting Care for Dual Eligibles Act''. SEC. 2. IMPROVING MEDICAID'S CAPACITY TO PROTECT DUAL ELIGIBLE BENEFICIARIES. (a) Establishment of Dual Eligible Quality Care Fund.-- (1) In general.--Not later than 6 months after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall establish a fund to be known as the ``Dual Eligible Quality Care Fund''. (2) Establishment within federal coordinated health care office.--The Dual Eligible Quality Care Fund shall be established within, and administered by the Director of, the Federal Coordinated Health Care Office established under section 2602 of the Patient Protection and Affordable Care Act (42 U.S.C. 1315b). (3) Funding.--There is appropriated to the Dual Eligible Quality Care Fund for fiscal year 2022 $100,000,000, to remain available until expended. (b) Purpose.--The purpose of the Dual Eligible Quality Care Fund is to provide timely, targeted assistance in the way of grants to State Medicaid programs to improve their capacity to ensure the provision of quality integrated care for dual eligible beneficiaries. (c) Allowable Uses of Grant Funds.--A State Medicaid program may use amounts received under a grant from the Dual Eligible Quality Care Fund to improve its capacity to provide quality integrated care for dual eligible beneficiaries through any of the following: (1) Recruiting and paying workers with needed subject matter knowledge, skills, or capabilities. (2) Actuarial support for rate development and analysis and development or purchase of risk adjustment tools. (3) Information technology system changes, including changes that-- (A) improve member enrollments; (B) improve encounter data collection and analysis; (C) improve the ability of State Medicaid programs to develop customized data management tools (such as queries and dashboards); (D) improve compliance with Federal reporting requirements; (E) enhance financial analysis; (F) improve quality reporting and monitoring; (G) improve modifications to capitation payments; (H) transfer eligibility and enrollment data between systems; (I) improve the grievances and appeals process; and (J) improve interaction with Medicare data and related systems. (4) Providing support for dual eligible beneficiaries during enrollment processes, assistance to dual eligible beneficiaries evaluating their enrollment choices, informational materials to dual eligible beneficiaries and those assisting with decision support, and coordination with Medicare enrollment processes. (5) Monitoring and oversight of efforts undertaken by State Medicaid using grant funds, including measuring the level of participation by stakeholders and dual eligible beneficiaries. (6) Quality measurement and State evaluation activities, development and deployment of survey tools, and costs of accessing, transferring, and analyzing data. (7) Develop knowledge and understanding within the State Medicaid agency of the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.). (8) Supporting and improving Medicare initiatives, including new initiatives and existing or past initiatives such as the Financial Alignment Initiative for Medicare-Medicaid Enrollees demonstration projects conducted under section 1115A of the Social Security Act (42 U.S.C. 1315a). (d) Awarding Grants.-- (1) In general.--A State Medicaid program that wishes to receive a grant under this section from the Dual Eligible Quality Care Fund shall submit an application to the Director of the Federal Coordinated Health Care Office (referred to in this subsection as the ``Director''), in such form and manner as the Director shall specify. The Director may award a grant under this section to any State, without regard to the State's existing capacity to provide quality integrated care for dual eligible beneficiaries. (2) Application requirements.--An application for a grant under this section shall include an identification of the uses of funds described in subsection (c) for which the State Medicaid program will use the grant funds. (3) Methodology for disbursing funds.-- (A) In general.--Not later than 6 months after the date of enactment of this Act, the Director shall issue guidance establishing a clear and equitable methodology for awarding grants to State Medicaid programs under this section. (B) Methodology requirements.--The methodology established by the Director under this paragraph shall, to the extent practical-- (i) ensure that grant funds are used in accordance with subsection (c); (ii) provide that grants are awarded by the Director in a manner that is transparent and equitable to State Medicaid programs; and (iii) provide that, in determining the grant amount to be awarded to a State Medicaid program, the Director shall take into consideration-- (I) the percentage of enrollees in the program who are dual eligible beneficiaries; and (II) the total number of dual eligible beneficiaries enrolled in the program. (C) Limitations.--The Director shall not award more than 1 grant under this section to any State Medicaid program, and in no case may the amount of a grant awarded under this section exceed $2,000,000. (e) State Program Reporting.-- (1) Quarterly reporting.--States receiving a grant under this section shall, in a form and manner specified by the Director of the Federal Coordinated Health Care Office (referred to in this subsection as the ``Director''), report no less frequently than once a quarter regarding the amount of grant funds spent by the State and how funds received from the grant are being used within the State. (2) Longitudinal report.--States receiving a grant under this section shall, no later than 2 years after the receipt of such grant, submit to the Director and make available on a State website a report summarizing how the funds received under such grant were used. Such report shall include the following: (A) An explanation of which uses of funds described in subsection (c) the grant funds supported. (B) An assessment of each of the following: (i) The manner in which the grant funds improved the State Medicaid program's capacity to provide quality integrated care for dual eligible beneficiaries. (ii) The manner in which the grant funds improved the quality of care for dual eligible beneficiaries. (iii) The manner in which the grant funds improved the integration and coordination of care for dual eligible beneficiaries. (f) Definitions.--In this section: (1) Dual eligible beneficiary.--The term ``dual eligible beneficiary'' means an individual who is entitled to, or enrolled for, benefits under part A of title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.), or enrolled for benefits under part B of such title, and is eligible for medical assistance under a State plan under title XIX of such Act (42 U.S.C. 1396 et seq.) or under a waiver of such a plan. (2) Quality integrated care.--The term ``quality integrated care'' means the provision of services provided under the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) and services provided under a State Medicaid program-- (A) through systems in which Medicaid and Medicare program administrative requirements, financing, benefits, or care delivery are aligned; and (B) in a coordinated fashion, which may include coverage of such services through a single entity or coordinating entities. (3) State.--The term ``State'' has the meaning given such term for purposes of title XIX of the Social Security Act (42 U.S.C. 1396 et seq.). (4) State medicaid program.--The term ``State Medicaid program'' means a State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), and includes any waiver of such a plan. SEC. 3. PAYMENT ERROR RATE MEASUREMENT (PERM) AUDIT REQUIREMENTS. (a) Biennial PERM Audit Requirement.--Beginning with fiscal year 2023, the Administrator shall conduct payment error rate measurement (``PERM'') audits of each State Medicaid program on a biennial basis. (b) Notification; Identification of Sources of Improper Payments.-- (1) Notification.--Not later than 6 months after the date of enactment of this Act, the Administrator shall notify the contractor conducting PERM audits of the Administrator's intent to modify contracts to require PERM audits not less than once every other year in each State. (2) Identification of sources of improper payments.--The Administrator shall direct the contractor conducting PERM audits of State Medicaid programs to identify areas known to be sources of improper payments under such programs to identify program areas or components known to be sources of high risk for improper payments under such programs. (c) State Medicaid Director Letter.--Not later than 12 months after the date of enactment of this Act, the Administrator shall issue a State Medicaid Director letter regarding State requirements under Federal law and regulations regarding avoiding and responding to improper payments under State Medicaid programs. (d) State Improper Payment Mitigation Plans.-- (1) In general.--Not later than January 1, 2023, each State Medicaid program shall submit to the Administrator a plan, which shall include specific actions and timeframes for taking such actions and achieving specified results, for mitigating improper payments under such program. (2) Publication of state plans.--The Administrator shall make State plans submitted under paragraph (1) available to the public. (e) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Centers for Medicare & Medicaid Services. (2) State.--The term ``State'' has the meaning given such term for purposes of title XIX of the Social Security Act (42 U.S.C. 1396 et seq.). (3) State medicaid program.--The term ``State Medicaid program'' means a State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), and includes any waiver of such a plan. <all>

Supporting Care for Dual Eligibles Act

A bill to establish a Dual Eligible Quality Care Fund to provide grants to State Medicaid programs to improve their capacity to ensure the provision of quality integrated care for dual eligible beneficiaries.

Supporting Care for Dual Eligibles Act

Sen. Scott, Tim

R

SC

This bill establishes and provides funds for grants to support the provision of services to those who are dually eligible for Medicare and Medicaid. Specifically, the bill establishes and provides funds for FY2022 for the Dual Eligible Quality Care Fund. The Centers for Medicare & Medicaid Services (CMS) must use the funds for grants to state Medicaid programs to support quality integrated care for dual eligible beneficiaries, including technology improvements, staff support, and administrative services for beneficiaries. The bill also requires the CMS to biennially audit state Medicaid programs with respect to improper payments; states must also submit plans for mitigating improper payments.

2. 1315b). (3) Funding.--There is appropriated to the Dual Eligible Quality Care Fund for fiscal year 2022 $100,000,000, to remain available until expended. (2) Actuarial support for rate development and analysis and development or purchase of risk adjustment tools. (3) Information technology system changes, including changes that-- (A) improve member enrollments; (B) improve encounter data collection and analysis; (C) improve the ability of State Medicaid programs to develop customized data management tools (such as queries and dashboards); (D) improve compliance with Federal reporting requirements; (E) enhance financial analysis; (F) improve quality reporting and monitoring; (G) improve modifications to capitation payments; (H) transfer eligibility and enrollment data between systems; (I) improve the grievances and appeals process; and (J) improve interaction with Medicare data and related systems. 1395 et seq.). (8) Supporting and improving Medicare initiatives, including new initiatives and existing or past initiatives such as the Financial Alignment Initiative for Medicare-Medicaid Enrollees demonstration projects conducted under section 1115A of the Social Security Act (42 U.S.C. 1315a). (d) Awarding Grants.-- (1) In general.--A State Medicaid program that wishes to receive a grant under this section from the Dual Eligible Quality Care Fund shall submit an application to the Director of the Federal Coordinated Health Care Office (referred to in this subsection as the ``Director''), in such form and manner as the Director shall specify. The Director may award a grant under this section to any State, without regard to the State's existing capacity to provide quality integrated care for dual eligible beneficiaries. (3) Methodology for disbursing funds.-- (A) In general.--Not later than 6 months after the date of enactment of this Act, the Director shall issue guidance establishing a clear and equitable methodology for awarding grants to State Medicaid programs under this section. Such report shall include the following: (A) An explanation of which uses of funds described in subsection (c) the grant funds supported. (ii) The manner in which the grant funds improved the quality of care for dual eligible beneficiaries. ), or enrolled for benefits under part B of such title, and is eligible for medical assistance under a State plan under title XIX of such Act (42 U.S.C. 1396 et seq.) SEC. PAYMENT ERROR RATE MEASUREMENT (PERM) AUDIT REQUIREMENTS. (2) Identification of sources of improper payments.--The Administrator shall direct the contractor conducting PERM audits of State Medicaid programs to identify areas known to be sources of improper payments under such programs to identify program areas or components known to be sources of high risk for improper payments under such programs. (e) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Centers for Medicare & Medicaid Services. (3) State medicaid program.--The term ``State Medicaid program'' means a State plan under title XIX of the Social Security Act (42 U.S.C. ), and includes any waiver of such a plan.

2. (3) Information technology system changes, including changes that-- (A) improve member enrollments; (B) improve encounter data collection and analysis; (C) improve the ability of State Medicaid programs to develop customized data management tools (such as queries and dashboards); (D) improve compliance with Federal reporting requirements; (E) enhance financial analysis; (F) improve quality reporting and monitoring; (G) improve modifications to capitation payments; (H) transfer eligibility and enrollment data between systems; (I) improve the grievances and appeals process; and (J) improve interaction with Medicare data and related systems. (d) Awarding Grants.-- (1) In general.--A State Medicaid program that wishes to receive a grant under this section from the Dual Eligible Quality Care Fund shall submit an application to the Director of the Federal Coordinated Health Care Office (referred to in this subsection as the ``Director''), in such form and manner as the Director shall specify. The Director may award a grant under this section to any State, without regard to the State's existing capacity to provide quality integrated care for dual eligible beneficiaries. (3) Methodology for disbursing funds.-- (A) In general.--Not later than 6 months after the date of enactment of this Act, the Director shall issue guidance establishing a clear and equitable methodology for awarding grants to State Medicaid programs under this section. Such report shall include the following: (A) An explanation of which uses of funds described in subsection (c) the grant funds supported. (ii) The manner in which the grant funds improved the quality of care for dual eligible beneficiaries. 1396 et seq.) SEC. PAYMENT ERROR RATE MEASUREMENT (PERM) AUDIT REQUIREMENTS. (2) Identification of sources of improper payments.--The Administrator shall direct the contractor conducting PERM audits of State Medicaid programs to identify areas known to be sources of improper payments under such programs to identify program areas or components known to be sources of high risk for improper payments under such programs. (e) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Centers for Medicare & Medicaid Services. (3) State medicaid program.--The term ``State Medicaid program'' means a State plan under title XIX of the Social Security Act (42 U.S.C. ), and includes any waiver of such a plan.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. 1315b). (3) Funding.--There is appropriated to the Dual Eligible Quality Care Fund for fiscal year 2022 $100,000,000, to remain available until expended. (b) Purpose.--The purpose of the Dual Eligible Quality Care Fund is to provide timely, targeted assistance in the way of grants to State Medicaid programs to improve their capacity to ensure the provision of quality integrated care for dual eligible beneficiaries. (2) Actuarial support for rate development and analysis and development or purchase of risk adjustment tools. (3) Information technology system changes, including changes that-- (A) improve member enrollments; (B) improve encounter data collection and analysis; (C) improve the ability of State Medicaid programs to develop customized data management tools (such as queries and dashboards); (D) improve compliance with Federal reporting requirements; (E) enhance financial analysis; (F) improve quality reporting and monitoring; (G) improve modifications to capitation payments; (H) transfer eligibility and enrollment data between systems; (I) improve the grievances and appeals process; and (J) improve interaction with Medicare data and related systems. (5) Monitoring and oversight of efforts undertaken by State Medicaid using grant funds, including measuring the level of participation by stakeholders and dual eligible beneficiaries. (6) Quality measurement and State evaluation activities, development and deployment of survey tools, and costs of accessing, transferring, and analyzing data. 1395 et seq.). (8) Supporting and improving Medicare initiatives, including new initiatives and existing or past initiatives such as the Financial Alignment Initiative for Medicare-Medicaid Enrollees demonstration projects conducted under section 1115A of the Social Security Act (42 U.S.C. 1315a). (d) Awarding Grants.-- (1) In general.--A State Medicaid program that wishes to receive a grant under this section from the Dual Eligible Quality Care Fund shall submit an application to the Director of the Federal Coordinated Health Care Office (referred to in this subsection as the ``Director''), in such form and manner as the Director shall specify. The Director may award a grant under this section to any State, without regard to the State's existing capacity to provide quality integrated care for dual eligible beneficiaries. (3) Methodology for disbursing funds.-- (A) In general.--Not later than 6 months after the date of enactment of this Act, the Director shall issue guidance establishing a clear and equitable methodology for awarding grants to State Medicaid programs under this section. (e) State Program Reporting.-- (1) Quarterly reporting.--States receiving a grant under this section shall, in a form and manner specified by the Director of the Federal Coordinated Health Care Office (referred to in this subsection as the ``Director''), report no less frequently than once a quarter regarding the amount of grant funds spent by the State and how funds received from the grant are being used within the State. Such report shall include the following: (A) An explanation of which uses of funds described in subsection (c) the grant funds supported. (ii) The manner in which the grant funds improved the quality of care for dual eligible beneficiaries. (iii) The manner in which the grant funds improved the integration and coordination of care for dual eligible beneficiaries. ), or enrolled for benefits under part B of such title, and is eligible for medical assistance under a State plan under title XIX of such Act (42 U.S.C. 1396 et seq.) and services provided under a State Medicaid program-- (A) through systems in which Medicaid and Medicare program administrative requirements, financing, benefits, or care delivery are aligned; and (B) in a coordinated fashion, which may include coverage of such services through a single entity or coordinating entities. SEC. PAYMENT ERROR RATE MEASUREMENT (PERM) AUDIT REQUIREMENTS. (2) Identification of sources of improper payments.--The Administrator shall direct the contractor conducting PERM audits of State Medicaid programs to identify areas known to be sources of improper payments under such programs to identify program areas or components known to be sources of high risk for improper payments under such programs. (2) Publication of state plans.--The Administrator shall make State plans submitted under paragraph (1) available to the public. (e) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Centers for Medicare & Medicaid Services. (3) State medicaid program.--The term ``State Medicaid program'' means a State plan under title XIX of the Social Security Act (42 U.S.C. ), and includes any waiver of such a plan.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. (2) Establishment within federal coordinated health care office.--The Dual Eligible Quality Care Fund shall be established within, and administered by the Director of, the Federal Coordinated Health Care Office established under section 2602 of the Patient Protection and Affordable Care Act (42 U.S.C. 1315b). (3) Funding.--There is appropriated to the Dual Eligible Quality Care Fund for fiscal year 2022 $100,000,000, to remain available until expended. (b) Purpose.--The purpose of the Dual Eligible Quality Care Fund is to provide timely, targeted assistance in the way of grants to State Medicaid programs to improve their capacity to ensure the provision of quality integrated care for dual eligible beneficiaries. (2) Actuarial support for rate development and analysis and development or purchase of risk adjustment tools. (3) Information technology system changes, including changes that-- (A) improve member enrollments; (B) improve encounter data collection and analysis; (C) improve the ability of State Medicaid programs to develop customized data management tools (such as queries and dashboards); (D) improve compliance with Federal reporting requirements; (E) enhance financial analysis; (F) improve quality reporting and monitoring; (G) improve modifications to capitation payments; (H) transfer eligibility and enrollment data between systems; (I) improve the grievances and appeals process; and (J) improve interaction with Medicare data and related systems. (4) Providing support for dual eligible beneficiaries during enrollment processes, assistance to dual eligible beneficiaries evaluating their enrollment choices, informational materials to dual eligible beneficiaries and those assisting with decision support, and coordination with Medicare enrollment processes. (5) Monitoring and oversight of efforts undertaken by State Medicaid using grant funds, including measuring the level of participation by stakeholders and dual eligible beneficiaries. (6) Quality measurement and State evaluation activities, development and deployment of survey tools, and costs of accessing, transferring, and analyzing data. (7) Develop knowledge and understanding within the State Medicaid agency of the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.). (8) Supporting and improving Medicare initiatives, including new initiatives and existing or past initiatives such as the Financial Alignment Initiative for Medicare-Medicaid Enrollees demonstration projects conducted under section 1115A of the Social Security Act (42 U.S.C. 1315a). (d) Awarding Grants.-- (1) In general.--A State Medicaid program that wishes to receive a grant under this section from the Dual Eligible Quality Care Fund shall submit an application to the Director of the Federal Coordinated Health Care Office (referred to in this subsection as the ``Director''), in such form and manner as the Director shall specify. The Director may award a grant under this section to any State, without regard to the State's existing capacity to provide quality integrated care for dual eligible beneficiaries. (3) Methodology for disbursing funds.-- (A) In general.--Not later than 6 months after the date of enactment of this Act, the Director shall issue guidance establishing a clear and equitable methodology for awarding grants to State Medicaid programs under this section. (e) State Program Reporting.-- (1) Quarterly reporting.--States receiving a grant under this section shall, in a form and manner specified by the Director of the Federal Coordinated Health Care Office (referred to in this subsection as the ``Director''), report no less frequently than once a quarter regarding the amount of grant funds spent by the State and how funds received from the grant are being used within the State. Such report shall include the following: (A) An explanation of which uses of funds described in subsection (c) the grant funds supported. (ii) The manner in which the grant funds improved the quality of care for dual eligible beneficiaries. (iii) The manner in which the grant funds improved the integration and coordination of care for dual eligible beneficiaries. ), or enrolled for benefits under part B of such title, and is eligible for medical assistance under a State plan under title XIX of such Act (42 U.S.C. 1396 et seq.) and services provided under a State Medicaid program-- (A) through systems in which Medicaid and Medicare program administrative requirements, financing, benefits, or care delivery are aligned; and (B) in a coordinated fashion, which may include coverage of such services through a single entity or coordinating entities. SEC. PAYMENT ERROR RATE MEASUREMENT (PERM) AUDIT REQUIREMENTS. (a) Biennial PERM Audit Requirement.--Beginning with fiscal year 2023, the Administrator shall conduct payment error rate measurement (``PERM'') audits of each State Medicaid program on a biennial basis. (b) Notification; Identification of Sources of Improper Payments.-- (1) Notification.--Not later than 6 months after the date of enactment of this Act, the Administrator shall notify the contractor conducting PERM audits of the Administrator's intent to modify contracts to require PERM audits not less than once every other year in each State. (2) Identification of sources of improper payments.--The Administrator shall direct the contractor conducting PERM audits of State Medicaid programs to identify areas known to be sources of improper payments under such programs to identify program areas or components known to be sources of high risk for improper payments under such programs. (d) State Improper Payment Mitigation Plans.-- (1) In general.--Not later than January 1, 2023, each State Medicaid program shall submit to the Administrator a plan, which shall include specific actions and timeframes for taking such actions and achieving specified results, for mitigating improper payments under such program. (2) Publication of state plans.--The Administrator shall make State plans submitted under paragraph (1) available to the public. (e) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Centers for Medicare & Medicaid Services. (3) State medicaid program.--The term ``State Medicaid program'' means a State plan under title XIX of the Social Security Act (42 U.S.C. ), and includes any waiver of such a plan.

To establish a Dual Eligible Quality Care Fund to provide grants to State Medicaid programs to improve their capacity to ensure the provision of quality integrated care for dual eligible beneficiaries. b) Purpose.--The purpose of the Dual Eligible Quality Care Fund is to provide timely, targeted assistance in the way of grants to State Medicaid programs to improve their capacity to ensure the provision of quality integrated care for dual eligible beneficiaries. (c) Allowable Uses of Grant Funds.--A State Medicaid program may use amounts received under a grant from the Dual Eligible Quality Care Fund to improve its capacity to provide quality integrated care for dual eligible beneficiaries through any of the following: (1) Recruiting and paying workers with needed subject matter knowledge, skills, or capabilities. ( 5) Monitoring and oversight of efforts undertaken by State Medicaid using grant funds, including measuring the level of participation by stakeholders and dual eligible beneficiaries. ( (7) Develop knowledge and understanding within the State Medicaid agency of the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.). ( d) Awarding Grants.-- (1) In general.--A State Medicaid program that wishes to receive a grant under this section from the Dual Eligible Quality Care Fund shall submit an application to the Director of the Federal Coordinated Health Care Office (referred to in this subsection as the ``Director''), in such form and manner as the Director shall specify. C) Limitations.--The Director shall not award more than 1 grant under this section to any State Medicaid program, and in no case may the amount of a grant awarded under this section exceed $2,000,000. ( e) State Program Reporting.-- (1) Quarterly reporting.--States receiving a grant under this section shall, in a form and manner specified by the Director of the Federal Coordinated Health Care Office (referred to in this subsection as the ``Director''), report no less frequently than once a quarter regarding the amount of grant funds spent by the State and how funds received from the grant are being used within the State. (2) Longitudinal report.--States receiving a grant under this section shall, no later than 2 years after the receipt of such grant, submit to the Director and make available on a State website a report summarizing how the funds received under such grant were used. B) An assessment of each of the following: (i) The manner in which the grant funds improved the State Medicaid program's capacity to provide quality integrated care for dual eligible beneficiaries. ( and services provided under a State Medicaid program-- (A) through systems in which Medicaid and Medicare program administrative requirements, financing, benefits, or care delivery are aligned; and (B) in a coordinated fashion, which may include coverage of such services through a single entity or coordinating entities. ( a) Biennial PERM Audit Requirement.--Beginning with fiscal year 2023, the Administrator shall conduct payment error rate measurement (``PERM'') audits of each State Medicaid program on a biennial basis. ( (2) Identification of sources of improper payments.--The Administrator shall direct the contractor conducting PERM audits of State Medicaid programs to identify areas known to be sources of improper payments under such programs to identify program areas or components known to be sources of high risk for improper payments under such programs. ( c) State Medicaid Director Letter.--Not later than 12 months after the date of enactment of this Act, the Administrator shall issue a State Medicaid Director letter regarding State requirements under Federal law and regulations regarding avoiding and responding to improper payments under State Medicaid programs. (

To establish a Dual Eligible Quality Care Fund to provide grants to State Medicaid programs to improve their capacity to ensure the provision of quality integrated care for dual eligible beneficiaries. c) Allowable Uses of Grant Funds.--A State Medicaid program may use amounts received under a grant from the Dual Eligible Quality Care Fund to improve its capacity to provide quality integrated care for dual eligible beneficiaries through any of the following: (1) Recruiting and paying workers with needed subject matter knowledge, skills, or capabilities. ( 4) Providing support for dual eligible beneficiaries during enrollment processes, assistance to dual eligible beneficiaries evaluating their enrollment choices, informational materials to dual eligible beneficiaries and those assisting with decision support, and coordination with Medicare enrollment processes. ( 8) Supporting and improving Medicare initiatives, including new initiatives and existing or past initiatives such as the Financial Alignment Initiative for Medicare-Medicaid Enrollees demonstration projects conducted under section 1115A of the Social Security Act (42 U.S.C. 1315a). ( (3) Methodology for disbursing funds.-- (A) In general.--Not later than 6 months after the date of enactment of this Act, the Director shall issue guidance establishing a clear and equitable methodology for awarding grants to State Medicaid programs under this section. ( C) Limitations.--The Director shall not award more than 1 grant under this section to any State Medicaid program, and in no case may the amount of a grant awarded under this section exceed $2,000,000. ( (iii) The manner in which the grant funds improved the integration and coordination of care for dual eligible beneficiaries. ( f) Definitions.--In this section: (1) Dual eligible beneficiary.--The term ``dual eligible beneficiary'' means an individual who is entitled to, or enrolled for, benefits under part A of title XVIII of the Social Security Act (42 U.S.C. 1395 et seq. ), or under a waiver of such a plan. ( (2) Identification of sources of improper payments.--The Administrator shall direct the contractor conducting PERM audits of State Medicaid programs to identify areas known to be sources of improper payments under such programs to identify program areas or components known to be sources of high risk for improper payments under such programs. ( c) State Medicaid Director Letter.--Not later than 12 months after the date of enactment of this Act, the Administrator shall issue a State Medicaid Director letter regarding State requirements under Federal law and regulations regarding avoiding and responding to improper payments under State Medicaid programs. (

To establish a Dual Eligible Quality Care Fund to provide grants to State Medicaid programs to improve their capacity to ensure the provision of quality integrated care for dual eligible beneficiaries. c) Allowable Uses of Grant Funds.--A State Medicaid program may use amounts received under a grant from the Dual Eligible Quality Care Fund to improve its capacity to provide quality integrated care for dual eligible beneficiaries through any of the following: (1) Recruiting and paying workers with needed subject matter knowledge, skills, or capabilities. ( 4) Providing support for dual eligible beneficiaries during enrollment processes, assistance to dual eligible beneficiaries evaluating their enrollment choices, informational materials to dual eligible beneficiaries and those assisting with decision support, and coordination with Medicare enrollment processes. ( 8) Supporting and improving Medicare initiatives, including new initiatives and existing or past initiatives such as the Financial Alignment Initiative for Medicare-Medicaid Enrollees demonstration projects conducted under section 1115A of the Social Security Act (42 U.S.C. 1315a). ( (3) Methodology for disbursing funds.-- (A) In general.--Not later than 6 months after the date of enactment of this Act, the Director shall issue guidance establishing a clear and equitable methodology for awarding grants to State Medicaid programs under this section. ( C) Limitations.--The Director shall not award more than 1 grant under this section to any State Medicaid program, and in no case may the amount of a grant awarded under this section exceed $2,000,000. ( (iii) The manner in which the grant funds improved the integration and coordination of care for dual eligible beneficiaries. ( f) Definitions.--In this section: (1) Dual eligible beneficiary.--The term ``dual eligible beneficiary'' means an individual who is entitled to, or enrolled for, benefits under part A of title XVIII of the Social Security Act (42 U.S.C. 1395 et seq. ), or under a waiver of such a plan. ( (2) Identification of sources of improper payments.--The Administrator shall direct the contractor conducting PERM audits of State Medicaid programs to identify areas known to be sources of improper payments under such programs to identify program areas or components known to be sources of high risk for improper payments under such programs. ( c) State Medicaid Director Letter.--Not later than 12 months after the date of enactment of this Act, the Administrator shall issue a State Medicaid Director letter regarding State requirements under Federal law and regulations regarding avoiding and responding to improper payments under State Medicaid programs. (

To establish a Dual Eligible Quality Care Fund to provide grants to State Medicaid programs to improve their capacity to ensure the provision of quality integrated care for dual eligible beneficiaries. b) Purpose.--The purpose of the Dual Eligible Quality Care Fund is to provide timely, targeted assistance in the way of grants to State Medicaid programs to improve their capacity to ensure the provision of quality integrated care for dual eligible beneficiaries. (c) Allowable Uses of Grant Funds.--A State Medicaid program may use amounts received under a grant from the Dual Eligible Quality Care Fund to improve its capacity to provide quality integrated care for dual eligible beneficiaries through any of the following: (1) Recruiting and paying workers with needed subject matter knowledge, skills, or capabilities. ( 5) Monitoring and oversight of efforts undertaken by State Medicaid using grant funds, including measuring the level of participation by stakeholders and dual eligible beneficiaries. ( (7) Develop knowledge and understanding within the State Medicaid agency of the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.). ( d) Awarding Grants.-- (1) In general.--A State Medicaid program that wishes to receive a grant under this section from the Dual Eligible Quality Care Fund shall submit an application to the Director of the Federal Coordinated Health Care Office (referred to in this subsection as the ``Director''), in such form and manner as the Director shall specify. C) Limitations.--The Director shall not award more than 1 grant under this section to any State Medicaid program, and in no case may the amount of a grant awarded under this section exceed $2,000,000. ( e) State Program Reporting.-- (1) Quarterly reporting.--States receiving a grant under this section shall, in a form and manner specified by the Director of the Federal Coordinated Health Care Office (referred to in this subsection as the ``Director''), report no less frequently than once a quarter regarding the amount of grant funds spent by the State and how funds received from the grant are being used within the State. (2) Longitudinal report.--States receiving a grant under this section shall, no later than 2 years after the receipt of such grant, submit to the Director and make available on a State website a report summarizing how the funds received under such grant were used. B) An assessment of each of the following: (i) The manner in which the grant funds improved the State Medicaid program's capacity to provide quality integrated care for dual eligible beneficiaries. ( and services provided under a State Medicaid program-- (A) through systems in which Medicaid and Medicare program administrative requirements, financing, benefits, or care delivery are aligned; and (B) in a coordinated fashion, which may include coverage of such services through a single entity or coordinating entities. ( a) Biennial PERM Audit Requirement.--Beginning with fiscal year 2023, the Administrator shall conduct payment error rate measurement (``PERM'') audits of each State Medicaid program on a biennial basis. ( (2) Identification of sources of improper payments.--The Administrator shall direct the contractor conducting PERM audits of State Medicaid programs to identify areas known to be sources of improper payments under such programs to identify program areas or components known to be sources of high risk for improper payments under such programs. ( c) State Medicaid Director Letter.--Not later than 12 months after the date of enactment of this Act, the Administrator shall issue a State Medicaid Director letter regarding State requirements under Federal law and regulations regarding avoiding and responding to improper payments under State Medicaid programs. (

To establish a Dual Eligible Quality Care Fund to provide grants to State Medicaid programs to improve their capacity to ensure the provision of quality integrated care for dual eligible beneficiaries. c) Allowable Uses of Grant Funds.--A State Medicaid program may use amounts received under a grant from the Dual Eligible Quality Care Fund to improve its capacity to provide quality integrated care for dual eligible beneficiaries through any of the following: (1) Recruiting and paying workers with needed subject matter knowledge, skills, or capabilities. ( 4) Providing support for dual eligible beneficiaries during enrollment processes, assistance to dual eligible beneficiaries evaluating their enrollment choices, informational materials to dual eligible beneficiaries and those assisting with decision support, and coordination with Medicare enrollment processes. ( 8) Supporting and improving Medicare initiatives, including new initiatives and existing or past initiatives such as the Financial Alignment Initiative for Medicare-Medicaid Enrollees demonstration projects conducted under section 1115A of the Social Security Act (42 U.S.C. 1315a). ( (3) Methodology for disbursing funds.-- (A) In general.--Not later than 6 months after the date of enactment of this Act, the Director shall issue guidance establishing a clear and equitable methodology for awarding grants to State Medicaid programs under this section. ( C) Limitations.--The Director shall not award more than 1 grant under this section to any State Medicaid program, and in no case may the amount of a grant awarded under this section exceed $2,000,000. ( (iii) The manner in which the grant funds improved the integration and coordination of care for dual eligible beneficiaries. ( f) Definitions.--In this section: (1) Dual eligible beneficiary.--The term ``dual eligible beneficiary'' means an individual who is entitled to, or enrolled for, benefits under part A of title XVIII of the Social Security Act (42 U.S.C. 1395 et seq. ), or under a waiver of such a plan. ( (2) Identification of sources of improper payments.--The Administrator shall direct the contractor conducting PERM audits of State Medicaid programs to identify areas known to be sources of improper payments under such programs to identify program areas or components known to be sources of high risk for improper payments under such programs. ( c) State Medicaid Director Letter.--Not later than 12 months after the date of enactment of this Act, the Administrator shall issue a State Medicaid Director letter regarding State requirements under Federal law and regulations regarding avoiding and responding to improper payments under State Medicaid programs. (

To establish a Dual Eligible Quality Care Fund to provide grants to State Medicaid programs to improve their capacity to ensure the provision of quality integrated care for dual eligible beneficiaries. b) Purpose.--The purpose of the Dual Eligible Quality Care Fund is to provide timely, targeted assistance in the way of grants to State Medicaid programs to improve their capacity to ensure the provision of quality integrated care for dual eligible beneficiaries. (c) Allowable Uses of Grant Funds.--A State Medicaid program may use amounts received under a grant from the Dual Eligible Quality Care Fund to improve its capacity to provide quality integrated care for dual eligible beneficiaries through any of the following: (1) Recruiting and paying workers with needed subject matter knowledge, skills, or capabilities. ( 5) Monitoring and oversight of efforts undertaken by State Medicaid using grant funds, including measuring the level of participation by stakeholders and dual eligible beneficiaries. ( (7) Develop knowledge and understanding within the State Medicaid agency of the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.). ( d) Awarding Grants.-- (1) In general.--A State Medicaid program that wishes to receive a grant under this section from the Dual Eligible Quality Care Fund shall submit an application to the Director of the Federal Coordinated Health Care Office (referred to in this subsection as the ``Director''), in such form and manner as the Director shall specify. C) Limitations.--The Director shall not award more than 1 grant under this section to any State Medicaid program, and in no case may the amount of a grant awarded under this section exceed $2,000,000. ( e) State Program Reporting.-- (1) Quarterly reporting.--States receiving a grant under this section shall, in a form and manner specified by the Director of the Federal Coordinated Health Care Office (referred to in this subsection as the ``Director''), report no less frequently than once a quarter regarding the amount of grant funds spent by the State and how funds received from the grant are being used within the State. (2) Longitudinal report.--States receiving a grant under this section shall, no later than 2 years after the receipt of such grant, submit to the Director and make available on a State website a report summarizing how the funds received under such grant were used. B) An assessment of each of the following: (i) The manner in which the grant funds improved the State Medicaid program's capacity to provide quality integrated care for dual eligible beneficiaries. ( and services provided under a State Medicaid program-- (A) through systems in which Medicaid and Medicare program administrative requirements, financing, benefits, or care delivery are aligned; and (B) in a coordinated fashion, which may include coverage of such services through a single entity or coordinating entities. ( a) Biennial PERM Audit Requirement.--Beginning with fiscal year 2023, the Administrator shall conduct payment error rate measurement (``PERM'') audits of each State Medicaid program on a biennial basis. ( (2) Identification of sources of improper payments.--The Administrator shall direct the contractor conducting PERM audits of State Medicaid programs to identify areas known to be sources of improper payments under such programs to identify program areas or components known to be sources of high risk for improper payments under such programs. ( c) State Medicaid Director Letter.--Not later than 12 months after the date of enactment of this Act, the Administrator shall issue a State Medicaid Director letter regarding State requirements under Federal law and regulations regarding avoiding and responding to improper payments under State Medicaid programs. (

To establish a Dual Eligible Quality Care Fund to provide grants to State Medicaid programs to improve their capacity to ensure the provision of quality integrated care for dual eligible beneficiaries. c) Allowable Uses of Grant Funds.--A State Medicaid program may use amounts received under a grant from the Dual Eligible Quality Care Fund to improve its capacity to provide quality integrated care for dual eligible beneficiaries through any of the following: (1) Recruiting and paying workers with needed subject matter knowledge, skills, or capabilities. ( 4) Providing support for dual eligible beneficiaries during enrollment processes, assistance to dual eligible beneficiaries evaluating their enrollment choices, informational materials to dual eligible beneficiaries and those assisting with decision support, and coordination with Medicare enrollment processes. ( 8) Supporting and improving Medicare initiatives, including new initiatives and existing or past initiatives such as the Financial Alignment Initiative for Medicare-Medicaid Enrollees demonstration projects conducted under section 1115A of the Social Security Act (42 U.S.C. 1315a). ( (3) Methodology for disbursing funds.-- (A) In general.--Not later than 6 months after the date of enactment of this Act, the Director shall issue guidance establishing a clear and equitable methodology for awarding grants to State Medicaid programs under this section. ( C) Limitations.--The Director shall not award more than 1 grant under this section to any State Medicaid program, and in no case may the amount of a grant awarded under this section exceed $2,000,000. ( (iii) The manner in which the grant funds improved the integration and coordination of care for dual eligible beneficiaries. ( f) Definitions.--In this section: (1) Dual eligible beneficiary.--The term ``dual eligible beneficiary'' means an individual who is entitled to, or enrolled for, benefits under part A of title XVIII of the Social Security Act (42 U.S.C. 1395 et seq. ), or under a waiver of such a plan. ( (2) Identification of sources of improper payments.--The Administrator shall direct the contractor conducting PERM audits of State Medicaid programs to identify areas known to be sources of improper payments under such programs to identify program areas or components known to be sources of high risk for improper payments under such programs. ( c) State Medicaid Director Letter.--Not later than 12 months after the date of enactment of this Act, the Administrator shall issue a State Medicaid Director letter regarding State requirements under Federal law and regulations regarding avoiding and responding to improper payments under State Medicaid programs. (

To establish a Dual Eligible Quality Care Fund to provide grants to State Medicaid programs to improve their capacity to ensure the provision of quality integrated care for dual eligible beneficiaries. c) Allowable Uses of Grant Funds.--A State Medicaid program may use amounts received under a grant from the Dual Eligible Quality Care Fund to improve its capacity to provide quality integrated care for dual eligible beneficiaries through any of the following: (1) Recruiting and paying workers with needed subject matter knowledge, skills, or capabilities. ( C) Limitations.--The Director shall not award more than 1 grant under this section to any State Medicaid program, and in no case may the amount of a grant awarded under this section exceed $2,000,000. ( B) An assessment of each of the following: (i) The manner in which the grant funds improved the State Medicaid program's capacity to provide quality integrated care for dual eligible beneficiaries. ( ( a) Biennial PERM Audit Requirement.--Beginning with fiscal year 2023, the Administrator shall conduct payment error rate measurement (``PERM'') audits of each State Medicaid program on a biennial basis. ( ( 2) Identification of sources of improper payments.--The Administrator shall direct the contractor conducting PERM audits of State Medicaid programs to identify areas known to be sources of improper payments under such programs to identify program areas or components known to be sources of high risk for improper payments under such programs. (

To establish a Dual Eligible Quality Care Fund to provide grants to State Medicaid programs to improve their capacity to ensure the provision of quality integrated care for dual eligible beneficiaries. c) Allowable Uses of Grant Funds.--A State Medicaid program may use amounts received under a grant from the Dual Eligible Quality Care Fund to improve its capacity to provide quality integrated care for dual eligible beneficiaries through any of the following: (1) Recruiting and paying workers with needed subject matter knowledge, skills, or capabilities. ( ( c) State Medicaid Director Letter.--Not later than 12 months after the date of enactment of this Act, the Administrator shall issue a State Medicaid Director letter regarding State requirements under Federal law and regulations regarding avoiding and responding to improper payments under State Medicaid programs. (

To establish a Dual Eligible Quality Care Fund to provide grants to State Medicaid programs to improve their capacity to ensure the provision of quality integrated care for dual eligible beneficiaries. c) Allowable Uses of Grant Funds.--A State Medicaid program may use amounts received under a grant from the Dual Eligible Quality Care Fund to improve its capacity to provide quality integrated care for dual eligible beneficiaries through any of the following: (1) Recruiting and paying workers with needed subject matter knowledge, skills, or capabilities. ( C) Limitations.--The Director shall not award more than 1 grant under this section to any State Medicaid program, and in no case may the amount of a grant awarded under this section exceed $2,000,000. ( B) An assessment of each of the following: (i) The manner in which the grant funds improved the State Medicaid program's capacity to provide quality integrated care for dual eligible beneficiaries. ( ( a) Biennial PERM Audit Requirement.--Beginning with fiscal year 2023, the Administrator shall conduct payment error rate measurement (``PERM'') audits of each State Medicaid program on a biennial basis. ( ( 2) Identification of sources of improper payments.--The Administrator shall direct the contractor conducting PERM audits of State Medicaid programs to identify areas known to be sources of improper payments under such programs to identify program areas or components known to be sources of high risk for improper payments under such programs. (

Supporting Care for Dual Eligibles Act - Directs the Secretary of Health and Human Services (HHS) to establish the Dual Eligible Quality Care Fund to provide grants to state Medicaid programs to improve their capacity to ensure the provision of quality integrated care for dual eligible beneficiaries. (Dual eligible beneficiaries are individuals who are enrolled in both Medicare and Medicaid.) (Sec. 2) Author Directs the Administrator of the Centers for Medicare &amp; Medicaid Services (CMS) to: (1) conduct payment error rate measurement (PERM) audits of each state Medicaid program on a biennial basis; (2) direct the contractor conducting PERM audits of state Medicaid programs to identify areas known to be sources of improper payments; and (3) notify the contractor of

H.R.2028

Education

Fostering Postsecondary Success for Foster and Homeless Youth Act of 2021 This bill establishes a program through which the Department of Education (ED) must annually recognize institutions of higher education (IHEs) that offer outstanding services and programs to foster care and homeless youth. Further, ED must establish a Center for Fostering Postsecondary Success for Foster and Homeless Youth to assist IHEs with creating and maintaining their programs for these youth.

To amend the Higher Education Act of 1965 to authorize a program to recognize institutions of higher education that offer outstanding services and programs for foster and homeless youth, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Fostering Postsecondary Success for Foster and Homeless Youth Act of 2021''. SEC. 2. RECOGNITION OF FOSTER AND HOMELESS YOUTH FRIENDLY INSTITUTIONS OF HIGHER EDUCATION. Title VIII of the Higher Education Act of 1965 (20 U.S.C. 1161a et seq.) is amended by adding at the end the following new part: ``PART BB--FOSTER AND HOMELESS YOUTH FRIENDLY INSTITUTIONS ``SEC. 899. RECOGNITION OF FOSTER CARE YOUTH AND HOMELESS YOUTH FRIENDLY INSTITUTIONS OF HIGHER EDUCATION. ``(a) General Authority.--The Secretary shall recognize eligible institutions that offer outstanding support services and other programs tailored to the needs of foster care youth and homeless youth. ``(b) Designation.--An eligible institution recognized by the Secretary under subsection (a) shall be designated as `Foster and Homeless Youth Friendly'. ``(c) Application.--To be considered for recognition under subsection (a), an eligible institution shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. At a minimum, each application shall include a detailed description of the programs and services for foster care youth and homeless youth that are offered by the institution, which may include programs and services such as-- ``(1) mentorship programs that formally match foster care youth and homeless youth with a peer or adult mentor; ``(2) academic support services to supplement or complement the classroom instruction provided to foster care youth and homeless youth; ``(3) housing assistance programs under which the institution provides-- ``(A) on-campus or off-campus housing directly to foster care youth and homeless youth; or ``(B) financial support to cover the housing costs of foster care youth and homeless youth; ``(4) life and workforce skills development programs that teach or enhance the skills that foster care youth and homeless youth may require to be successful in their personal and professional lives; ``(5) financial aid or scholarships available exclusively to foster care youth and homeless youth; ``(6) counseling or mental health services provided by a licensed professional with expertise in serving foster care youth and homeless youth; ``(7) case management services and efforts to facilitate participation in other Federal assistance programs for which students may be eligible; and ``(8) such other programs and services as the Secretary determines to be appropriate in consultation with the individuals and entities described in subsection (e). ``(d) Selection Process.-- ``(1) General requirements.-- ``(A) Annual, merit-based selection.--On an annual basis, the Secretary shall select eligible institutions for recognition under subsection (a) from among institutions that submit applications to the Secretary under subsection (c). The Secretary shall select such institutions on a competitive basis, based solely on merit. ``(B) Geographic diversity not required.--The Secretary shall not consider geographic diversity among the States as a factor in the selection of eligible institutions for recognition under subsection (a). ``(2) Criteria and procedures.--Consistent with paragraph (1), the Secretary shall issue guidelines setting forth criteria and procedures for the selection of institutions for recognition under subsection (a). The guidelines shall be developed and implemented as follows: ``(A) Draft guidelines.--Not later than 180 days after the date of the enactment of this section, the Secretary shall issue draft guidelines, which shall be made available for public comment for a period of not less than 90 days. ``(B) Revised guidelines.--Not later than 90 days after the end of the public comment period specified in subparagraph (A), the Secretary shall issue revised guidelines, which shall be made available for public comment for a period of not less than 30 days. ``(C) Final guidelines.--Not later than 30 days after the end of the public comment period specified in subparagraph (B), the Secretary shall publish and implement the final guidelines. ``(e) Consultation.--In carrying out the program under this section, the Secretary shall consult with appropriate individuals and entities outside the Department of Education, which may include-- ``(1) other Federal agencies; ``(2) State agencies; ``(3) institutions of higher education; ``(4) nonprofit and advocacy organizations; ``(5) current and former foster care youth; and ``(6) students who have experienced homelessness. ``(f) Information Sharing.--On an annual basis, the Secretary shall publish, on a publicly accessible website of the Department of Education-- ``(1) a profile of each institution recognized under subsection (a) in the most recent year; and ``(2) a comprehensive list of all institutions previously recognized under subsection (a). ``(g) Ensuring Continuity of Quality Programs and Services for Foster and Homeless Youth.-- ``(1) Institutional review.-- ``(A) In general.--Not less frequently than once every five years, the Secretary shall review each institution recognized under subsection (a) to determine whether the programs and services provided by the institution continue to meet the criteria required for such recognition. ``(B) Notice.--If the Secretary determines under subparagraph (A) that an institution no longer meets the criteria for recognition under subsection (a), the Secretary shall transmit written notice of such determination to the institution. ``(C) Revocation.--After transmitting the notice required under subparagraph (B), the Secretary shall-- ``(i) revoke the institution's recognition under subsection (a); and ``(ii) remove the profile established for the institution under subsection (f)(1) from the website of the Department of Education. ``(D) Reapplication.--An institution that loses recognition under subsection (a) may reapply for such recognition in a subsequent application year. ``(2) Briefing.--Not later than 3 years after the date of enactment of this section, and not less frequently than once every 2 years thereafter, the Secretary shall provide to Congress a briefing that identifies-- ``(A) strategies used by institutions that proved effective in meeting the needs of foster care youth and homeless youth; and ``(B) recommendations on how to improve programs and services for foster care youth and homeless youth. ``SEC. 899A. TRAINING, EVALUATION, AND INFORMATION CENTER. ``(a) In General.--Not later than two years after the date of enactment of this section, the Secretary shall establish a Center for Fostering Postsecondary Success for Foster and Homeless Youth (referred to in this section as the `Center'). ``(b) Duties.--The duties of the Center shall be to assist institutions of higher education in establishing and maintaining programs for foster care youth and homeless youth, including by-- ``(1) providing technical assistance; ``(2) collecting, evaluating, and delivering information on best practices for such programs; and ``(3) maintaining resources to help foster care youth and homeless youth navigate postsecondary education. ``(c) Cooperative Agreement.--For the purpose of carrying out this section, the Secretary may enter into cooperative agreements with one or more organizations with expertise in support services and other programs tailored to the needs of foster care youth and homeless youth, including-- ``(1) nonprofit nongovernmental organizations; ``(2) Federal and State government agencies; ``(3) institutions of higher education, including public, private, and land-grant colleges and universities; and ``(4) such other organizations as the Secretary determines to be appropriate. ``(d) Priority.--In entering into agreements with organizations under subsection (c), the Secretary shall give priority to organizations that-- ``(1) are capable of engaging with foster care youth and homeless youth and programs that serve such youth and demonstrate expertise in understanding the unique needs of such youth; ``(2) demonstrate the capacity to effectively implement outreach, training, and coordination functions; ``(3) are capable of producing instructional materials that can easily be replicated and distributed to institutions of higher education in multiple formats; ``(4) have working partnerships with-- ``(A) nonprofit and private sector organizations; and ``(B) local, State, and Tribal governments; ``(5) have the ability to work in underserved communities; and ``(6) have an organizational mission aligned with goals of the program under this part. ``(e) Rule of Construction.--Nothing in this section shall be construed to provide the Center with the authority to issue mandates to, or impose requirements on, any institution of higher education. ``(f) Limitation on Use of Funds.-- ``(1) Limitation on use of funds for establishment.--Of the funds made available to carry out this part for each of fiscal years 2021 and 2022, the Secretary may use not more than $2,000,000 in each fiscal year to establish the Center. ``(2) Limitation on use of funds for operation.--Of the funds made available to carry out this part for each fiscal year beginning after fiscal year 2022, the Secretary may use not more than $1,000,000 in each fiscal year to support the operations of the Center. ``SEC. 899B. DEFINITIONS. ``In this part: ``(1) Eligible institution.--The term `eligible institution' means-- ``(A) an institution of higher education (as defined in section 101); or ``(B) a postsecondary educational institution operated or controlled by the Bureau of Indian Education. ``(2) Foster care youth.--The term `foster care youth' means an individual whose care and placement is the responsibility of the State or Tribal agency that administers a State or Tribal plan under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq.; 670 et seq.), without regard to whether foster care maintenance payments are made under section 472 of such Act (42 U.S.C. 672) on behalf of the individual, including any such individual who was in such care on or after attaining 13 years of age and without regard to the reason the individual left such care. ``(3) Homeless youth.--The term `homeless youth' has the meaning given the term `homeless children and youths' in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a).''. <all>

Fostering Postsecondary Success for Foster and Homeless Youth Act of 2021

To amend the Higher Education Act of 1965 to authorize a program to recognize institutions of higher education that offer outstanding services and programs for foster and homeless youth, and for other purposes.

Fostering Postsecondary Success for Foster and Homeless Youth Act of 2021

Rep. Kildee, Daniel T.

D

MI

This bill establishes a program through which the Department of Education (ED) must annually recognize institutions of higher education (IHEs) that offer outstanding services and programs to foster care and homeless youth. Further, ED must establish a Center for Fostering Postsecondary Success for Foster and Homeless Youth to assist IHEs with creating and maintaining their programs for these youth.

To amend the Higher Education Act of 1965 to authorize a program to recognize institutions of higher education that offer outstanding services and programs for foster and homeless youth, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. SEC. 2. 1161a et seq.) 899. RECOGNITION OF FOSTER CARE YOUTH AND HOMELESS YOUTH FRIENDLY INSTITUTIONS OF HIGHER EDUCATION. ``(c) Application.--To be considered for recognition under subsection (a), an eligible institution shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. The Secretary shall select such institutions on a competitive basis, based solely on merit. ``(2) Criteria and procedures.--Consistent with paragraph (1), the Secretary shall issue guidelines setting forth criteria and procedures for the selection of institutions for recognition under subsection (a). ``(C) Final guidelines.--Not later than 30 days after the end of the public comment period specified in subparagraph (B), the Secretary shall publish and implement the final guidelines. ``(e) Consultation.--In carrying out the program under this section, the Secretary shall consult with appropriate individuals and entities outside the Department of Education, which may include-- ``(1) other Federal agencies; ``(2) State agencies; ``(3) institutions of higher education; ``(4) nonprofit and advocacy organizations; ``(5) current and former foster care youth; and ``(6) students who have experienced homelessness. ``(g) Ensuring Continuity of Quality Programs and Services for Foster and Homeless Youth.-- ``(1) Institutional review.-- ``(A) In general.--Not less frequently than once every five years, the Secretary shall review each institution recognized under subsection (a) to determine whether the programs and services provided by the institution continue to meet the criteria required for such recognition. 899A. ``(a) In General.--Not later than two years after the date of enactment of this section, the Secretary shall establish a Center for Fostering Postsecondary Success for Foster and Homeless Youth (referred to in this section as the `Center'). ``(2) Limitation on use of funds for operation.--Of the funds made available to carry out this part for each fiscal year beginning after fiscal year 2022, the Secretary may use not more than $1,000,000 in each fiscal year to support the operations of the Center. 899B. DEFINITIONS. 672) on behalf of the individual, including any such individual who was in such care on or after attaining 13 years of age and without regard to the reason the individual left such care. ``(3) Homeless youth.--The term `homeless youth' has the meaning given the term `homeless children and youths' in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a).''.

To amend the Higher Education Act of 1965 to authorize a program to recognize institutions of higher education that offer outstanding services and programs for foster and homeless youth, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. SEC. 2. 1161a et seq.) RECOGNITION OF FOSTER CARE YOUTH AND HOMELESS YOUTH FRIENDLY INSTITUTIONS OF HIGHER EDUCATION. ``(c) Application.--To be considered for recognition under subsection (a), an eligible institution shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. The Secretary shall select such institutions on a competitive basis, based solely on merit. ``(2) Criteria and procedures.--Consistent with paragraph (1), the Secretary shall issue guidelines setting forth criteria and procedures for the selection of institutions for recognition under subsection (a). ``(C) Final guidelines.--Not later than 30 days after the end of the public comment period specified in subparagraph (B), the Secretary shall publish and implement the final guidelines. ``(e) Consultation.--In carrying out the program under this section, the Secretary shall consult with appropriate individuals and entities outside the Department of Education, which may include-- ``(1) other Federal agencies; ``(2) State agencies; ``(3) institutions of higher education; ``(4) nonprofit and advocacy organizations; ``(5) current and former foster care youth; and ``(6) students who have experienced homelessness. ``(2) Limitation on use of funds for operation.--Of the funds made available to carry out this part for each fiscal year beginning after fiscal year 2022, the Secretary may use not more than $1,000,000 in each fiscal year to support the operations of the Center. 672) on behalf of the individual, including any such individual who was in such care on or after attaining 13 years of age and without regard to the reason the individual left such care. ``(3) Homeless youth.--The term `homeless youth' has the meaning given the term `homeless children and youths' in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C.

To amend the Higher Education Act of 1965 to authorize a program to recognize institutions of higher education that offer outstanding services and programs for foster and homeless youth, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. SEC. 2. 1161a et seq.) 899. RECOGNITION OF FOSTER CARE YOUTH AND HOMELESS YOUTH FRIENDLY INSTITUTIONS OF HIGHER EDUCATION. ``(c) Application.--To be considered for recognition under subsection (a), an eligible institution shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. The Secretary shall select such institutions on a competitive basis, based solely on merit. ``(B) Geographic diversity not required.--The Secretary shall not consider geographic diversity among the States as a factor in the selection of eligible institutions for recognition under subsection (a). ``(2) Criteria and procedures.--Consistent with paragraph (1), the Secretary shall issue guidelines setting forth criteria and procedures for the selection of institutions for recognition under subsection (a). ``(C) Final guidelines.--Not later than 30 days after the end of the public comment period specified in subparagraph (B), the Secretary shall publish and implement the final guidelines. ``(e) Consultation.--In carrying out the program under this section, the Secretary shall consult with appropriate individuals and entities outside the Department of Education, which may include-- ``(1) other Federal agencies; ``(2) State agencies; ``(3) institutions of higher education; ``(4) nonprofit and advocacy organizations; ``(5) current and former foster care youth; and ``(6) students who have experienced homelessness. ``(f) Information Sharing.--On an annual basis, the Secretary shall publish, on a publicly accessible website of the Department of Education-- ``(1) a profile of each institution recognized under subsection (a) in the most recent year; and ``(2) a comprehensive list of all institutions previously recognized under subsection (a). ``(g) Ensuring Continuity of Quality Programs and Services for Foster and Homeless Youth.-- ``(1) Institutional review.-- ``(A) In general.--Not less frequently than once every five years, the Secretary shall review each institution recognized under subsection (a) to determine whether the programs and services provided by the institution continue to meet the criteria required for such recognition. ``(B) Notice.--If the Secretary determines under subparagraph (A) that an institution no longer meets the criteria for recognition under subsection (a), the Secretary shall transmit written notice of such determination to the institution. 899A. ``(a) In General.--Not later than two years after the date of enactment of this section, the Secretary shall establish a Center for Fostering Postsecondary Success for Foster and Homeless Youth (referred to in this section as the `Center'). ``(d) Priority.--In entering into agreements with organizations under subsection (c), the Secretary shall give priority to organizations that-- ``(1) are capable of engaging with foster care youth and homeless youth and programs that serve such youth and demonstrate expertise in understanding the unique needs of such youth; ``(2) demonstrate the capacity to effectively implement outreach, training, and coordination functions; ``(3) are capable of producing instructional materials that can easily be replicated and distributed to institutions of higher education in multiple formats; ``(4) have working partnerships with-- ``(A) nonprofit and private sector organizations; and ``(B) local, State, and Tribal governments; ``(5) have the ability to work in underserved communities; and ``(6) have an organizational mission aligned with goals of the program under this part. ``(e) Rule of Construction.--Nothing in this section shall be construed to provide the Center with the authority to issue mandates to, or impose requirements on, any institution of higher education. ``(2) Limitation on use of funds for operation.--Of the funds made available to carry out this part for each fiscal year beginning after fiscal year 2022, the Secretary may use not more than $1,000,000 in each fiscal year to support the operations of the Center. 899B. DEFINITIONS. 672) on behalf of the individual, including any such individual who was in such care on or after attaining 13 years of age and without regard to the reason the individual left such care. ``(3) Homeless youth.--The term `homeless youth' has the meaning given the term `homeless children and youths' in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a).''.

To amend the Higher Education Act of 1965 to authorize a program to recognize institutions of higher education that offer outstanding services and programs for foster and homeless youth, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. SEC. 2. 1161a et seq.) 899. RECOGNITION OF FOSTER CARE YOUTH AND HOMELESS YOUTH FRIENDLY INSTITUTIONS OF HIGHER EDUCATION. ``(c) Application.--To be considered for recognition under subsection (a), an eligible institution shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. At a minimum, each application shall include a detailed description of the programs and services for foster care youth and homeless youth that are offered by the institution, which may include programs and services such as-- ``(1) mentorship programs that formally match foster care youth and homeless youth with a peer or adult mentor; ``(2) academic support services to supplement or complement the classroom instruction provided to foster care youth and homeless youth; ``(3) housing assistance programs under which the institution provides-- ``(A) on-campus or off-campus housing directly to foster care youth and homeless youth; or ``(B) financial support to cover the housing costs of foster care youth and homeless youth; ``(4) life and workforce skills development programs that teach or enhance the skills that foster care youth and homeless youth may require to be successful in their personal and professional lives; ``(5) financial aid or scholarships available exclusively to foster care youth and homeless youth; ``(6) counseling or mental health services provided by a licensed professional with expertise in serving foster care youth and homeless youth; ``(7) case management services and efforts to facilitate participation in other Federal assistance programs for which students may be eligible; and ``(8) such other programs and services as the Secretary determines to be appropriate in consultation with the individuals and entities described in subsection (e). The Secretary shall select such institutions on a competitive basis, based solely on merit. ``(B) Geographic diversity not required.--The Secretary shall not consider geographic diversity among the States as a factor in the selection of eligible institutions for recognition under subsection (a). ``(2) Criteria and procedures.--Consistent with paragraph (1), the Secretary shall issue guidelines setting forth criteria and procedures for the selection of institutions for recognition under subsection (a). ``(C) Final guidelines.--Not later than 30 days after the end of the public comment period specified in subparagraph (B), the Secretary shall publish and implement the final guidelines. ``(e) Consultation.--In carrying out the program under this section, the Secretary shall consult with appropriate individuals and entities outside the Department of Education, which may include-- ``(1) other Federal agencies; ``(2) State agencies; ``(3) institutions of higher education; ``(4) nonprofit and advocacy organizations; ``(5) current and former foster care youth; and ``(6) students who have experienced homelessness. ``(f) Information Sharing.--On an annual basis, the Secretary shall publish, on a publicly accessible website of the Department of Education-- ``(1) a profile of each institution recognized under subsection (a) in the most recent year; and ``(2) a comprehensive list of all institutions previously recognized under subsection (a). ``(g) Ensuring Continuity of Quality Programs and Services for Foster and Homeless Youth.-- ``(1) Institutional review.-- ``(A) In general.--Not less frequently than once every five years, the Secretary shall review each institution recognized under subsection (a) to determine whether the programs and services provided by the institution continue to meet the criteria required for such recognition. ``(B) Notice.--If the Secretary determines under subparagraph (A) that an institution no longer meets the criteria for recognition under subsection (a), the Secretary shall transmit written notice of such determination to the institution. 899A. ``(a) In General.--Not later than two years after the date of enactment of this section, the Secretary shall establish a Center for Fostering Postsecondary Success for Foster and Homeless Youth (referred to in this section as the `Center'). ``(d) Priority.--In entering into agreements with organizations under subsection (c), the Secretary shall give priority to organizations that-- ``(1) are capable of engaging with foster care youth and homeless youth and programs that serve such youth and demonstrate expertise in understanding the unique needs of such youth; ``(2) demonstrate the capacity to effectively implement outreach, training, and coordination functions; ``(3) are capable of producing instructional materials that can easily be replicated and distributed to institutions of higher education in multiple formats; ``(4) have working partnerships with-- ``(A) nonprofit and private sector organizations; and ``(B) local, State, and Tribal governments; ``(5) have the ability to work in underserved communities; and ``(6) have an organizational mission aligned with goals of the program under this part. ``(e) Rule of Construction.--Nothing in this section shall be construed to provide the Center with the authority to issue mandates to, or impose requirements on, any institution of higher education. ``(2) Limitation on use of funds for operation.--Of the funds made available to carry out this part for each fiscal year beginning after fiscal year 2022, the Secretary may use not more than $1,000,000 in each fiscal year to support the operations of the Center. 899B. DEFINITIONS. 672) on behalf of the individual, including any such individual who was in such care on or after attaining 13 years of age and without regard to the reason the individual left such care. ``(3) Homeless youth.--The term `homeless youth' has the meaning given the term `homeless children and youths' in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a).''.

To amend the Higher Education Act of 1965 to authorize a program to recognize institutions of higher education that offer outstanding services and programs for foster and homeless youth, and for other purposes. ``(c) Application.--To be considered for recognition under subsection (a), an eligible institution shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(d) Selection Process.-- ``(1) General requirements.-- ``(A) Annual, merit-based selection.--On an annual basis, the Secretary shall select eligible institutions for recognition under subsection (a) from among institutions that submit applications to the Secretary under subsection (c). ``(2) Criteria and procedures.--Consistent with paragraph (1), the Secretary shall issue guidelines setting forth criteria and procedures for the selection of institutions for recognition under subsection (a). ``(e) Consultation.--In carrying out the program under this section, the Secretary shall consult with appropriate individuals and entities outside the Department of Education, which may include-- ``(1) other Federal agencies; ``(2) State agencies; ``(3) institutions of higher education; ``(4) nonprofit and advocacy organizations; ``(5) current and former foster care youth; and ``(6) students who have experienced homelessness. ``(C) Revocation.--After transmitting the notice required under subparagraph (B), the Secretary shall-- ``(i) revoke the institution's recognition under subsection (a); and ``(ii) remove the profile established for the institution under subsection (f)(1) from the website of the Department of Education. ``(D) Reapplication.--An institution that loses recognition under subsection (a) may reapply for such recognition in a subsequent application year. ``(2) Briefing.--Not later than 3 years after the date of enactment of this section, and not less frequently than once every 2 years thereafter, the Secretary shall provide to Congress a briefing that identifies-- ``(A) strategies used by institutions that proved effective in meeting the needs of foster care youth and homeless youth; and ``(B) recommendations on how to improve programs and services for foster care youth and homeless youth. ``(c) Cooperative Agreement.--For the purpose of carrying out this section, the Secretary may enter into cooperative agreements with one or more organizations with expertise in support services and other programs tailored to the needs of foster care youth and homeless youth, including-- ``(1) nonprofit nongovernmental organizations; ``(2) Federal and State government agencies; ``(3) institutions of higher education, including public, private, and land-grant colleges and universities; and ``(4) such other organizations as the Secretary determines to be appropriate. ``(e) Rule of Construction.--Nothing in this section shall be construed to provide the Center with the authority to issue mandates to, or impose requirements on, any institution of higher education. ``(f) Limitation on Use of Funds.-- ``(1) Limitation on use of funds for establishment.--Of the funds made available to carry out this part for each of fiscal years 2021 and 2022, the Secretary may use not more than $2,000,000 in each fiscal year to establish the Center. without regard to whether foster care maintenance payments are made under section 472 of such Act (42 U.S.C. 672) on behalf of the individual, including any such individual who was in such care on or after attaining 13 years of age and without regard to the reason the individual left such care. ``(3) Homeless youth.--The term `homeless youth' has the meaning given the term `homeless children and youths' in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a).''.

To amend the Higher Education Act of 1965 to authorize a program to recognize institutions of higher education that offer outstanding services and programs for foster and homeless youth, and for other purposes. ``(c) Application.--To be considered for recognition under subsection (a), an eligible institution shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(d) Selection Process.-- ``(1) General requirements.-- ``(A) Annual, merit-based selection.--On an annual basis, the Secretary shall select eligible institutions for recognition under subsection (a) from among institutions that submit applications to the Secretary under subsection (c). ``(2) Criteria and procedures.--Consistent with paragraph (1), the Secretary shall issue guidelines setting forth criteria and procedures for the selection of institutions for recognition under subsection (a). The guidelines shall be developed and implemented as follows: ``(A) Draft guidelines.--Not later than 180 days after the date of the enactment of this section, the Secretary shall issue draft guidelines, which shall be made available for public comment for a period of not less than 90 days. ``(B) Notice.--If the Secretary determines under subparagraph (A) that an institution no longer meets the criteria for recognition under subsection (a), the Secretary shall transmit written notice of such determination to the institution. ``(D) Reapplication.--An institution that loses recognition under subsection (a) may reapply for such recognition in a subsequent application year. ``(2) Briefing.--Not later than 3 years after the date of enactment of this section, and not less frequently than once every 2 years thereafter, the Secretary shall provide to Congress a briefing that identifies-- ``(A) strategies used by institutions that proved effective in meeting the needs of foster care youth and homeless youth; and ``(B) recommendations on how to improve programs and services for foster care youth and homeless youth. ``(e) Rule of Construction.--Nothing in this section shall be construed to provide the Center with the authority to issue mandates to, or impose requirements on, any institution of higher education. ``(f) Limitation on Use of Funds.-- ``(1) Limitation on use of funds for establishment.--Of the funds made available to carry out this part for each of fiscal years 2021 and 2022, the Secretary may use not more than $2,000,000 in each fiscal year to establish the Center. 672) on behalf of the individual, including any such individual who was in such care on or after attaining 13 years of age and without regard to the reason the individual left such care. ``(3) Homeless youth.--The term `homeless youth' has the meaning given the term `homeless children and youths' in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a).''.

To amend the Higher Education Act of 1965 to authorize a program to recognize institutions of higher education that offer outstanding services and programs for foster and homeless youth, and for other purposes. ``(c) Application.--To be considered for recognition under subsection (a), an eligible institution shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(d) Selection Process.-- ``(1) General requirements.-- ``(A) Annual, merit-based selection.--On an annual basis, the Secretary shall select eligible institutions for recognition under subsection (a) from among institutions that submit applications to the Secretary under subsection (c). ``(2) Criteria and procedures.--Consistent with paragraph (1), the Secretary shall issue guidelines setting forth criteria and procedures for the selection of institutions for recognition under subsection (a). The guidelines shall be developed and implemented as follows: ``(A) Draft guidelines.--Not later than 180 days after the date of the enactment of this section, the Secretary shall issue draft guidelines, which shall be made available for public comment for a period of not less than 90 days. ``(B) Notice.--If the Secretary determines under subparagraph (A) that an institution no longer meets the criteria for recognition under subsection (a), the Secretary shall transmit written notice of such determination to the institution. ``(D) Reapplication.--An institution that loses recognition under subsection (a) may reapply for such recognition in a subsequent application year. ``(2) Briefing.--Not later than 3 years after the date of enactment of this section, and not less frequently than once every 2 years thereafter, the Secretary shall provide to Congress a briefing that identifies-- ``(A) strategies used by institutions that proved effective in meeting the needs of foster care youth and homeless youth; and ``(B) recommendations on how to improve programs and services for foster care youth and homeless youth. ``(e) Rule of Construction.--Nothing in this section shall be construed to provide the Center with the authority to issue mandates to, or impose requirements on, any institution of higher education. ``(f) Limitation on Use of Funds.-- ``(1) Limitation on use of funds for establishment.--Of the funds made available to carry out this part for each of fiscal years 2021 and 2022, the Secretary may use not more than $2,000,000 in each fiscal year to establish the Center. 672) on behalf of the individual, including any such individual who was in such care on or after attaining 13 years of age and without regard to the reason the individual left such care. ``(3) Homeless youth.--The term `homeless youth' has the meaning given the term `homeless children and youths' in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a).''.

To amend the Higher Education Act of 1965 to authorize a program to recognize institutions of higher education that offer outstanding services and programs for foster and homeless youth, and for other purposes. ``(c) Application.--To be considered for recognition under subsection (a), an eligible institution shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(d) Selection Process.-- ``(1) General requirements.-- ``(A) Annual, merit-based selection.--On an annual basis, the Secretary shall select eligible institutions for recognition under subsection (a) from among institutions that submit applications to the Secretary under subsection (c). ``(2) Criteria and procedures.--Consistent with paragraph (1), the Secretary shall issue guidelines setting forth criteria and procedures for the selection of institutions for recognition under subsection (a). ``(e) Consultation.--In carrying out the program under this section, the Secretary shall consult with appropriate individuals and entities outside the Department of Education, which may include-- ``(1) other Federal agencies; ``(2) State agencies; ``(3) institutions of higher education; ``(4) nonprofit and advocacy organizations; ``(5) current and former foster care youth; and ``(6) students who have experienced homelessness. ``(C) Revocation.--After transmitting the notice required under subparagraph (B), the Secretary shall-- ``(i) revoke the institution's recognition under subsection (a); and ``(ii) remove the profile established for the institution under subsection (f)(1) from the website of the Department of Education. ``(D) Reapplication.--An institution that loses recognition under subsection (a) may reapply for such recognition in a subsequent application year. ``(2) Briefing.--Not later than 3 years after the date of enactment of this section, and not less frequently than once every 2 years thereafter, the Secretary shall provide to Congress a briefing that identifies-- ``(A) strategies used by institutions that proved effective in meeting the needs of foster care youth and homeless youth; and ``(B) recommendations on how to improve programs and services for foster care youth and homeless youth. ``(c) Cooperative Agreement.--For the purpose of carrying out this section, the Secretary may enter into cooperative agreements with one or more organizations with expertise in support services and other programs tailored to the needs of foster care youth and homeless youth, including-- ``(1) nonprofit nongovernmental organizations; ``(2) Federal and State government agencies; ``(3) institutions of higher education, including public, private, and land-grant colleges and universities; and ``(4) such other organizations as the Secretary determines to be appropriate. ``(e) Rule of Construction.--Nothing in this section shall be construed to provide the Center with the authority to issue mandates to, or impose requirements on, any institution of higher education. ``(f) Limitation on Use of Funds.-- ``(1) Limitation on use of funds for establishment.--Of the funds made available to carry out this part for each of fiscal years 2021 and 2022, the Secretary may use not more than $2,000,000 in each fiscal year to establish the Center. without regard to whether foster care maintenance payments are made under section 472 of such Act (42 U.S.C. 672) on behalf of the individual, including any such individual who was in such care on or after attaining 13 years of age and without regard to the reason the individual left such care. ``(3) Homeless youth.--The term `homeless youth' has the meaning given the term `homeless children and youths' in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a).''.

To amend the Higher Education Act of 1965 to authorize a program to recognize institutions of higher education that offer outstanding services and programs for foster and homeless youth, and for other purposes. ``(c) Application.--To be considered for recognition under subsection (a), an eligible institution shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(d) Selection Process.-- ``(1) General requirements.-- ``(A) Annual, merit-based selection.--On an annual basis, the Secretary shall select eligible institutions for recognition under subsection (a) from among institutions that submit applications to the Secretary under subsection (c). ``(2) Criteria and procedures.--Consistent with paragraph (1), the Secretary shall issue guidelines setting forth criteria and procedures for the selection of institutions for recognition under subsection (a). The guidelines shall be developed and implemented as follows: ``(A) Draft guidelines.--Not later than 180 days after the date of the enactment of this section, the Secretary shall issue draft guidelines, which shall be made available for public comment for a period of not less than 90 days. ``(B) Notice.--If the Secretary determines under subparagraph (A) that an institution no longer meets the criteria for recognition under subsection (a), the Secretary shall transmit written notice of such determination to the institution. ``(D) Reapplication.--An institution that loses recognition under subsection (a) may reapply for such recognition in a subsequent application year. ``(2) Briefing.--Not later than 3 years after the date of enactment of this section, and not less frequently than once every 2 years thereafter, the Secretary shall provide to Congress a briefing that identifies-- ``(A) strategies used by institutions that proved effective in meeting the needs of foster care youth and homeless youth; and ``(B) recommendations on how to improve programs and services for foster care youth and homeless youth. ``(e) Rule of Construction.--Nothing in this section shall be construed to provide the Center with the authority to issue mandates to, or impose requirements on, any institution of higher education. ``(f) Limitation on Use of Funds.-- ``(1) Limitation on use of funds for establishment.--Of the funds made available to carry out this part for each of fiscal years 2021 and 2022, the Secretary may use not more than $2,000,000 in each fiscal year to establish the Center. 672) on behalf of the individual, including any such individual who was in such care on or after attaining 13 years of age and without regard to the reason the individual left such care. ``(3) Homeless youth.--The term `homeless youth' has the meaning given the term `homeless children and youths' in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a).''.

To amend the Higher Education Act of 1965 to authorize a program to recognize institutions of higher education that offer outstanding services and programs for foster and homeless youth, and for other purposes. ``(c) Application.--To be considered for recognition under subsection (a), an eligible institution shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(d) Selection Process.-- ``(1) General requirements.-- ``(A) Annual, merit-based selection.--On an annual basis, the Secretary shall select eligible institutions for recognition under subsection (a) from among institutions that submit applications to the Secretary under subsection (c). ``(2) Criteria and procedures.--Consistent with paragraph (1), the Secretary shall issue guidelines setting forth criteria and procedures for the selection of institutions for recognition under subsection (a). ``(e) Consultation.--In carrying out the program under this section, the Secretary shall consult with appropriate individuals and entities outside the Department of Education, which may include-- ``(1) other Federal agencies; ``(2) State agencies; ``(3) institutions of higher education; ``(4) nonprofit and advocacy organizations; ``(5) current and former foster care youth; and ``(6) students who have experienced homelessness. ``(C) Revocation.--After transmitting the notice required under subparagraph (B), the Secretary shall-- ``(i) revoke the institution's recognition under subsection (a); and ``(ii) remove the profile established for the institution under subsection (f)(1) from the website of the Department of Education. ``(D) Reapplication.--An institution that loses recognition under subsection (a) may reapply for such recognition in a subsequent application year. ``(2) Briefing.--Not later than 3 years after the date of enactment of this section, and not less frequently than once every 2 years thereafter, the Secretary shall provide to Congress a briefing that identifies-- ``(A) strategies used by institutions that proved effective in meeting the needs of foster care youth and homeless youth; and ``(B) recommendations on how to improve programs and services for foster care youth and homeless youth. ``(c) Cooperative Agreement.--For the purpose of carrying out this section, the Secretary may enter into cooperative agreements with one or more organizations with expertise in support services and other programs tailored to the needs of foster care youth and homeless youth, including-- ``(1) nonprofit nongovernmental organizations; ``(2) Federal and State government agencies; ``(3) institutions of higher education, including public, private, and land-grant colleges and universities; and ``(4) such other organizations as the Secretary determines to be appropriate. ``(e) Rule of Construction.--Nothing in this section shall be construed to provide the Center with the authority to issue mandates to, or impose requirements on, any institution of higher education. ``(f) Limitation on Use of Funds.-- ``(1) Limitation on use of funds for establishment.--Of the funds made available to carry out this part for each of fiscal years 2021 and 2022, the Secretary may use not more than $2,000,000 in each fiscal year to establish the Center. without regard to whether foster care maintenance payments are made under section 472 of such Act (42 U.S.C. 672) on behalf of the individual, including any such individual who was in such care on or after attaining 13 years of age and without regard to the reason the individual left such care. ``(3) Homeless youth.--The term `homeless youth' has the meaning given the term `homeless children and youths' in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a).''.

To amend the Higher Education Act of 1965 to authorize a program to recognize institutions of higher education that offer outstanding services and programs for foster and homeless youth, and for other purposes. ``(c) Application.--To be considered for recognition under subsection (a), an eligible institution shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(d) Selection Process.-- ``(1) General requirements.-- ``(A) Annual, merit-based selection.--On an annual basis, the Secretary shall select eligible institutions for recognition under subsection (a) from among institutions that submit applications to the Secretary under subsection (c). ``(2) Criteria and procedures.--Consistent with paragraph (1), the Secretary shall issue guidelines setting forth criteria and procedures for the selection of institutions for recognition under subsection (a). The guidelines shall be developed and implemented as follows: ``(A) Draft guidelines.--Not later than 180 days after the date of the enactment of this section, the Secretary shall issue draft guidelines, which shall be made available for public comment for a period of not less than 90 days. ``(B) Notice.--If the Secretary determines under subparagraph (A) that an institution no longer meets the criteria for recognition under subsection (a), the Secretary shall transmit written notice of such determination to the institution. ``(D) Reapplication.--An institution that loses recognition under subsection (a) may reapply for such recognition in a subsequent application year. ``(2) Briefing.--Not later than 3 years after the date of enactment of this section, and not less frequently than once every 2 years thereafter, the Secretary shall provide to Congress a briefing that identifies-- ``(A) strategies used by institutions that proved effective in meeting the needs of foster care youth and homeless youth; and ``(B) recommendations on how to improve programs and services for foster care youth and homeless youth. ``(e) Rule of Construction.--Nothing in this section shall be construed to provide the Center with the authority to issue mandates to, or impose requirements on, any institution of higher education. ``(f) Limitation on Use of Funds.-- ``(1) Limitation on use of funds for establishment.--Of the funds made available to carry out this part for each of fiscal years 2021 and 2022, the Secretary may use not more than $2,000,000 in each fiscal year to establish the Center. 672) on behalf of the individual, including any such individual who was in such care on or after attaining 13 years of age and without regard to the reason the individual left such care. ``(3) Homeless youth.--The term `homeless youth' has the meaning given the term `homeless children and youths' in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a).''.

To amend the Higher Education Act of 1965 to authorize a program to recognize institutions of higher education that offer outstanding services and programs for foster and homeless youth, and for other purposes. ``(d) Selection Process.-- ``(1) General requirements.-- ``(A) Annual, merit-based selection.--On an annual basis, the Secretary shall select eligible institutions for recognition under subsection (a) from among institutions that submit applications to the Secretary under subsection (c). ``(D) Reapplication.--An institution that loses recognition under subsection (a) may reapply for such recognition in a subsequent application year. ``(2) Briefing.--Not later than 3 years after the date of enactment of this section, and not less frequently than once every 2 years thereafter, the Secretary shall provide to Congress a briefing that identifies-- ``(A) strategies used by institutions that proved effective in meeting the needs of foster care youth and homeless youth; and ``(B) recommendations on how to improve programs and services for foster care youth and homeless youth. ``(f) Limitation on Use of Funds.-- ``(1) Limitation on use of funds for establishment.--Of the funds made available to carry out this part for each of fiscal years 2021 and 2022, the Secretary may use not more than $2,000,000 in each fiscal year to establish the Center. without regard to whether foster care maintenance payments are made under section 472 of such Act (42 U.S.C. 672) on behalf of the individual, including any such individual who was in such care on or after attaining 13 years of age and without regard to the reason the individual left such care.

To amend the Higher Education Act of 1965 to authorize a program to recognize institutions of higher education that offer outstanding services and programs for foster and homeless youth, and for other purposes. ``(B) Notice.--If the Secretary determines under subparagraph (A) that an institution no longer meets the criteria for recognition under subsection (a), the Secretary shall transmit written notice of such determination to the institution. ``(f) Limitation on Use of Funds.-- ``(1) Limitation on use of funds for establishment.--Of the funds made available to carry out this part for each of fiscal years 2021 and 2022, the Secretary may use not more than $2,000,000 in each fiscal year to establish the Center. 672) on behalf of the individual, including any such individual who was in such care on or after attaining 13 years of age and without regard to the reason the individual left such care.

To amend the Higher Education Act of 1965 to authorize a program to recognize institutions of higher education that offer outstanding services and programs for foster and homeless youth, and for other purposes. ``(d) Selection Process.-- ``(1) General requirements.-- ``(A) Annual, merit-based selection.--On an annual basis, the Secretary shall select eligible institutions for recognition under subsection (a) from among institutions that submit applications to the Secretary under subsection (c). ``(D) Reapplication.--An institution that loses recognition under subsection (a) may reapply for such recognition in a subsequent application year. ``(2) Briefing.--Not later than 3 years after the date of enactment of this section, and not less frequently than once every 2 years thereafter, the Secretary shall provide to Congress a briefing that identifies-- ``(A) strategies used by institutions that proved effective in meeting the needs of foster care youth and homeless youth; and ``(B) recommendations on how to improve programs and services for foster care youth and homeless youth. ``(f) Limitation on Use of Funds.-- ``(1) Limitation on use of funds for establishment.--Of the funds made available to carry out this part for each of fiscal years 2021 and 2022, the Secretary may use not more than $2,000,000 in each fiscal year to establish the Center. without regard to whether foster care maintenance payments are made under section 472 of such Act (42 U.S.C. 672) on behalf of the individual, including any such individual who was in such care on or after attaining 13 years of age and without regard to the reason the individual left such care.

Fostering Postsecondary Success for Foster and Homeless Youth Act of 2021 This bill amends the Higher Education Act of 1965 to direct the Department of Education (ED) to establish a program to recognize institutions of higher education that offer outstanding services and programs for foster and homeless youth, and for other purposes. ED shall: (1) select eligible institutions on a competitive basis, based solely on Directs the Secretary of Health and Human Services to establish a Center for Fostering Postsecondary Success for Foster and Homeless Youth to assist institutions of higher education in establishing and maintaining programs for foster care youth and homeless youth, including by: (1) providing technical assistance; (2) collecting, evaluating, and delivering information on best practices for such programs; and (3) maintaining resources

H.R.7750

Health

Prostate Cancer Community Assistance, Research and Education Act of 2022 or the PC-CARE Act This bill establishes a committee to develop, implement, and periodically revise a plan to coordinate federal activities and programs concerning prostate cancer, including those related to research, screening, diagnosis, and treatment. Committee members must include representatives from specified federal agencies, as well as researchers, clinicians, individuals living with prostate cancer (or their caregivers), and other stakeholders. In addition, at least half of the members must be physicians.

To amend the Public Health Service Act to establish a Prostate Cancer Coordinating Committee, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Prostate Cancer Community Assistance, Research and Education Act of 2022'' or the ``PC-CARE Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Prostate cancer is the most commonly diagnosed non-skin cancer and the second leading cause of cancer-related deaths among men in the United States. (2) Over 3,100,000 men in the United States live with a prostate cancer diagnosis and it is estimated that in 2021, 248,530 men will be diagnosed with, and more than 34,130 men will die of, prostate cancer. (3) Men with at least one close relative who has been diagnosed with prostate cancer have twice the risk of having prostate cancer compared to the general population. (4) At least 12 percent of men with metastatic prostate cancer have inherited predispositions to the disease and potentially actionable genomic alterations have been identified in over 90 percent of men with metastatic castration-resistant prostate cancer. (5) Advances in science to identify, test, and treat these men at increased genetic risk of disease are needed. (6) African-American men suffer from a prostate cancer incidence rate that is significantly higher than that of White men and have more than double the prostate cancer mortality rate than that of White men. (7) Research has shown that veterans exposed to herbicides, such as Agent Orange, are at higher risk for and more likely to be diagnosed with aggressive forms of prostate cancer. (8) Screening by a digital rectal examination and a prostate-specific antigen blood test can detect the disease at the earlier, more treatable stages. (9) Men diagnosed with early stage disease have a nearly 100 percent 5-year survival rate but only 30 percent of men survive more than 5 years if diagnosed with prostate cancer after the cancer has metastasized. (10) Early-staged prostate cancer has no symptoms, raising the importance of early detection and screening. (11) The Department of Health and Human Services, the Department of Defense, and the Department of Veterans Affairs all have a role in providing care for and conducting research on prostate cancer. (12) Multiple institutes at the National Institutes of Health are engaged in prostate cancer care and research, including the National Cancer Institute, National Institute of Biomedical Imaging and Bioengineering, the National Institute on Minority Health and Health Disparities, and the Clinical Center. (13) Additional agencies and offices within the Department of Health and Human Services conduct activities related to prostate cancer, including the Centers for Medicare and Medicaid Services, the Centers for Disease Control and Prevention, the Food and Drug Administration, the Health Resources and Services Administration, the Office of Minority Health, and the Agency for Healthcare Research and Quality. (14) The Department of Defense created the Prostate Cancer Research Program in 1997 and has funded more than $2,000,000,000 in prostate cancer research since that time. (15) Private foundations have provided substantial funding to the prostate cancer research community for almost three decades, including support for over 200 cancer centers and universities. (16) The Director of the National Institutes of Health has partnered with private prostate cancer research groups to study to study biological and nonbiological factors associated aggressive prostate cancer in African-American men. (17) The Secretary of Veterans Affairs has partnered with private foundations to establish precision oncology program hubs for prostate cancer. (18) The Director of the Centers for Disease Control and Prevention has partnered with multiple private stakeholder groups to increase awareness and education around prostate cancer in the general population and among high-risk groups. (19) Increased coordination of governmental and nongovernmental activities can reduce costs and increase effectiveness of ongoing work. (20) Joint planning and goal setting across the Government and private sector can create a pathway toward eliminating prostate cancer deaths and improving care for millions of men. SEC. 3. PROSTATE CANCER COORDINATING COMMITTEE. Part A of title IV of the Public Health Service Act (42 U.S.C. 281 et seq.) is amended by adding at the end the following: ``SEC. 404F. PROSTATE CANCER COORDINATING COMMITTEE. ``(a) Establishment.--The Secretary shall establish a committee to be known as the Prostate Cancer Coordinating Committee (referred to in this section as the `Coordinating Committee'). ``(b) Duties.--The Coordinating Committee shall-- ``(1) monitor, coordinate, and evaluate activities with respect to prostate cancer research programs carried out by Federal agencies; and ``(2) develop and implement the plan under subsection (g). ``(c) Composition.-- ``(1) In general.--The Coordinating Committee shall be composed of not more than 24 members, to be appointed by the Secretary, of whom-- ``(A) one-half shall represent Federal agencies that carry out research or treatment activities with respect to prostate cancer, including-- ``(i) the Director of the National Institutes of Health (or designee); ``(ii) the directors of the appropriate agencies of the National Institutes of Health (or designees), including the National Cancer Institute; ``(iii) the Director of the Centers for Disease Control and Prevention (or designee); ``(iv) the Administrator of the Health Resources and Services Administration (or designee); ``(v) the Administrator of the Centers for Medicare & Medicaid Services (or designee); ``(vi) the Commissioner of Food and Drugs (or designee); ``(vii) the Secretary of Defense (or designee); and ``(viii) the Secretary of Veterans Affairs (or designee); and ``(B) one-half shall be individuals who have experience with prostate cancer, including-- ``(i) not less than 3 individuals who are living with prostate cancer (or a caregiver of such individual); ``(ii) not less than 3 researchers; ``(iii) not less than 3 clinicians; ``(iv) not less than 3 representatives from patient groups; and ``(v) not less than 3 representatives from professional medical societies. ``(2) Physician requirement.--Of the members appointed under paragraph (1), not less than one-half shall be physicians. ``(d) Term; Vacancies.-- ``(1) In general.--A member shall be appointed for a term of 3 years. ``(2) Vacancies.--A vacancy on the Coordinating Committee shall be filled in the same manner as the original appointment was made. ``(e) Reappointment.--The Secretary may reappoint a member of the Coordinating Committee to an unlimited number of terms. ``(f) Chair.--The Secretary shall appoint the chair of the Coordinating Committee. ``(g) Plan.--Not later than 1 year after the date of the enactment of this section, the Coordinating Committee shall develop and implement a plan (and update such plan every 3 years thereafter), in consultation with a broad range of scientists, patients, clinicians, and advocacy groups, on prostate cancer research programs and activities carried out by Federal agencies. Such plan shall include the following: ``(1) The identification of existing prostate cancer programs and activities of the-- ``(A) the Department of Health and Human Services, including the National Institutes of Health; ``(B) the Department of Defense; and ``(C) the Department of Veterans Affairs. ``(2) An evaluation on research with respect to the underlying causes, prevalence, treatment, and mortality of prostate cancer, including any disparity among African-American and other high-risk men (defined as men who have a family history of prostate cancer, a genetic predisposition for prostate cancer, or developed cancer due to exposure to certain chemical and radiological agents). ``(3) With respect to prostate cancer-- ``(A) an evaluation on the effectiveness of current screening and diagnostic techniques; and ``(B) recommendations for improving such techniques. ``(4) An evaluation on the effectiveness of treatments for prostate cancer and the development of recommendations for new treatments, including new biological agents. ``(5) With respect to prostate cancer, an evaluation on the effectiveness of clinical practice guidelines and the development of recommendations to improve such guidelines. ``(6) The development of recommendations to improve clinical pathways in private and government-operated medical systems, including screening and diagnosis and information on informed and shared decision making. ``(7) The development of recommendations for research investigation methods for improving the quality of life of individuals who have survived with prostate cancer. ``(8) With respect to prostate cancer, an evaluation on the effectiveness of information and education programs for health care professionals and the public. ``(9) With respect to screening and clinical trial enrollment for prostate cancer, recommendations to improve outreach and education, including best practices for outreach to African-American men and other high-risk men. ``(h) Meetings.--The Coordinating Committee shall meet at the request of the Secretary not less 3 times each year. ``(i) FACA.--Except as provided in this section, the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Coordinating Committee. ``(j) Report.-- ``(1) Initial report.--Not later than 1 year after the date of the enactment of this section, the Coordinating Committee shall submit recommendations using the plan under subsection (g) to the following: ``(A) The Secretary of the Department of Health and Human Services. ``(B) The Secretary of Defense. ``(C) The Secretary of Veterans Affairs. ``(D) The Committees on Energy and Commerce and Appropriations of the House of Representatives. ``(E) The Committees on Health, Education, Labor, and Pensions and Appropriations of the Senate. ``(2) Updated reports.--Not later than 3 years after the date of the enactment of this section, and every 3 years thereafter, the Coordinating Committee shall submit to the secretaries and committees listed in paragraph (1)-- ``(A) updated recommendations using the plan under subsection (g); and ``(B) a summary of progress made with respect to recommendations submitted pursuant to this section. ``(k) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2023 through 2029.''. <all>

Prostate Cancer Community Assistance, Research and Education Act of 2022

To amend the Public Health Service Act to establish a Prostate Cancer Coordinating Committee, and for other purposes.

PC–CARE Act Prostate Cancer Community Assistance, Research and Education Act of 2022

Rep. Murphy, Gregory

R

NC

This bill establishes a committee to develop, implement, and periodically revise a plan to coordinate federal activities and programs concerning prostate cancer, including those related to research, screening, diagnosis, and treatment. Committee members must include representatives from specified federal agencies, as well as researchers, clinicians, individuals living with prostate cancer (or their caregivers), and other stakeholders. In addition, at least half of the members must be physicians.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 2. FINDINGS. (9) Men diagnosed with early stage disease have a nearly 100 percent 5-year survival rate but only 30 percent of men survive more than 5 years if diagnosed with prostate cancer after the cancer has metastasized. (11) The Department of Health and Human Services, the Department of Defense, and the Department of Veterans Affairs all have a role in providing care for and conducting research on prostate cancer. (12) Multiple institutes at the National Institutes of Health are engaged in prostate cancer care and research, including the National Cancer Institute, National Institute of Biomedical Imaging and Bioengineering, the National Institute on Minority Health and Health Disparities, and the Clinical Center. (14) The Department of Defense created the Prostate Cancer Research Program in 1997 and has funded more than $2,000,000,000 in prostate cancer research since that time. (18) The Director of the Centers for Disease Control and Prevention has partnered with multiple private stakeholder groups to increase awareness and education around prostate cancer in the general population and among high-risk groups. SEC. 3. Part A of title IV of the Public Health Service Act (42 U.S.C. 281 et seq.) is amended by adding at the end the following: ``SEC. 404F. PROSTATE CANCER COORDINATING COMMITTEE. ``(2) Physician requirement.--Of the members appointed under paragraph (1), not less than one-half shall be physicians. ``(d) Term; Vacancies.-- ``(1) In general.--A member shall be appointed for a term of 3 years. ``(g) Plan.--Not later than 1 year after the date of the enactment of this section, the Coordinating Committee shall develop and implement a plan (and update such plan every 3 years thereafter), in consultation with a broad range of scientists, patients, clinicians, and advocacy groups, on prostate cancer research programs and activities carried out by Federal agencies. ``(4) An evaluation on the effectiveness of treatments for prostate cancer and the development of recommendations for new treatments, including new biological agents. ``(6) The development of recommendations to improve clinical pathways in private and government-operated medical systems, including screening and diagnosis and information on informed and shared decision making. ``(7) The development of recommendations for research investigation methods for improving the quality of life of individuals who have survived with prostate cancer. ``(9) With respect to screening and clinical trial enrollment for prostate cancer, recommendations to improve outreach and education, including best practices for outreach to African-American men and other high-risk men. App.) ``(B) The Secretary of Defense. ``(C) The Secretary of Veterans Affairs. ``(D) The Committees on Energy and Commerce and Appropriations of the House of Representatives. ``(k) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2023 through 2029.''.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 2. (9) Men diagnosed with early stage disease have a nearly 100 percent 5-year survival rate but only 30 percent of men survive more than 5 years if diagnosed with prostate cancer after the cancer has metastasized. (11) The Department of Health and Human Services, the Department of Defense, and the Department of Veterans Affairs all have a role in providing care for and conducting research on prostate cancer. (12) Multiple institutes at the National Institutes of Health are engaged in prostate cancer care and research, including the National Cancer Institute, National Institute of Biomedical Imaging and Bioengineering, the National Institute on Minority Health and Health Disparities, and the Clinical Center. (18) The Director of the Centers for Disease Control and Prevention has partnered with multiple private stakeholder groups to increase awareness and education around prostate cancer in the general population and among high-risk groups. SEC. 3. Part A of title IV of the Public Health Service Act (42 U.S.C. is amended by adding at the end the following: ``SEC. PROSTATE CANCER COORDINATING COMMITTEE. ``(2) Physician requirement.--Of the members appointed under paragraph (1), not less than one-half shall be physicians. ``(d) Term; Vacancies.-- ``(1) In general.--A member shall be appointed for a term of 3 years. ``(g) Plan.--Not later than 1 year after the date of the enactment of this section, the Coordinating Committee shall develop and implement a plan (and update such plan every 3 years thereafter), in consultation with a broad range of scientists, patients, clinicians, and advocacy groups, on prostate cancer research programs and activities carried out by Federal agencies. ``(4) An evaluation on the effectiveness of treatments for prostate cancer and the development of recommendations for new treatments, including new biological agents. ``(9) With respect to screening and clinical trial enrollment for prostate cancer, recommendations to improve outreach and education, including best practices for outreach to African-American men and other high-risk men. ``(B) The Secretary of Defense. ``(C) The Secretary of Veterans Affairs. ``(D) The Committees on Energy and Commerce and Appropriations of the House of Representatives.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 2. FINDINGS. (5) Advances in science to identify, test, and treat these men at increased genetic risk of disease are needed. (9) Men diagnosed with early stage disease have a nearly 100 percent 5-year survival rate but only 30 percent of men survive more than 5 years if diagnosed with prostate cancer after the cancer has metastasized. (11) The Department of Health and Human Services, the Department of Defense, and the Department of Veterans Affairs all have a role in providing care for and conducting research on prostate cancer. (12) Multiple institutes at the National Institutes of Health are engaged in prostate cancer care and research, including the National Cancer Institute, National Institute of Biomedical Imaging and Bioengineering, the National Institute on Minority Health and Health Disparities, and the Clinical Center. (14) The Department of Defense created the Prostate Cancer Research Program in 1997 and has funded more than $2,000,000,000 in prostate cancer research since that time. (15) Private foundations have provided substantial funding to the prostate cancer research community for almost three decades, including support for over 200 cancer centers and universities. (18) The Director of the Centers for Disease Control and Prevention has partnered with multiple private stakeholder groups to increase awareness and education around prostate cancer in the general population and among high-risk groups. SEC. 3. Part A of title IV of the Public Health Service Act (42 U.S.C. 281 et seq.) is amended by adding at the end the following: ``SEC. 404F. PROSTATE CANCER COORDINATING COMMITTEE. ``(c) Composition.-- ``(1) In general.--The Coordinating Committee shall be composed of not more than 24 members, to be appointed by the Secretary, of whom-- ``(A) one-half shall represent Federal agencies that carry out research or treatment activities with respect to prostate cancer, including-- ``(i) the Director of the National Institutes of Health (or designee); ``(ii) the directors of the appropriate agencies of the National Institutes of Health (or designees), including the National Cancer Institute; ``(iii) the Director of the Centers for Disease Control and Prevention (or designee); ``(iv) the Administrator of the Health Resources and Services Administration (or designee); ``(v) the Administrator of the Centers for Medicare & Medicaid Services (or designee); ``(vi) the Commissioner of Food and Drugs (or designee); ``(vii) the Secretary of Defense (or designee); and ``(viii) the Secretary of Veterans Affairs (or designee); and ``(B) one-half shall be individuals who have experience with prostate cancer, including-- ``(i) not less than 3 individuals who are living with prostate cancer (or a caregiver of such individual); ``(ii) not less than 3 researchers; ``(iii) not less than 3 clinicians; ``(iv) not less than 3 representatives from patient groups; and ``(v) not less than 3 representatives from professional medical societies. ``(2) Physician requirement.--Of the members appointed under paragraph (1), not less than one-half shall be physicians. ``(d) Term; Vacancies.-- ``(1) In general.--A member shall be appointed for a term of 3 years. ``(f) Chair.--The Secretary shall appoint the chair of the Coordinating Committee. ``(g) Plan.--Not later than 1 year after the date of the enactment of this section, the Coordinating Committee shall develop and implement a plan (and update such plan every 3 years thereafter), in consultation with a broad range of scientists, patients, clinicians, and advocacy groups, on prostate cancer research programs and activities carried out by Federal agencies. ``(4) An evaluation on the effectiveness of treatments for prostate cancer and the development of recommendations for new treatments, including new biological agents. ``(6) The development of recommendations to improve clinical pathways in private and government-operated medical systems, including screening and diagnosis and information on informed and shared decision making. ``(7) The development of recommendations for research investigation methods for improving the quality of life of individuals who have survived with prostate cancer. ``(9) With respect to screening and clinical trial enrollment for prostate cancer, recommendations to improve outreach and education, including best practices for outreach to African-American men and other high-risk men. App.) ``(B) The Secretary of Defense. ``(C) The Secretary of Veterans Affairs. ``(D) The Committees on Energy and Commerce and Appropriations of the House of Representatives. ``(k) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2023 through 2029.''.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 2. FINDINGS. (4) At least 12 percent of men with metastatic prostate cancer have inherited predispositions to the disease and potentially actionable genomic alterations have been identified in over 90 percent of men with metastatic castration-resistant prostate cancer. (5) Advances in science to identify, test, and treat these men at increased genetic risk of disease are needed. (7) Research has shown that veterans exposed to herbicides, such as Agent Orange, are at higher risk for and more likely to be diagnosed with aggressive forms of prostate cancer. (8) Screening by a digital rectal examination and a prostate-specific antigen blood test can detect the disease at the earlier, more treatable stages. (9) Men diagnosed with early stage disease have a nearly 100 percent 5-year survival rate but only 30 percent of men survive more than 5 years if diagnosed with prostate cancer after the cancer has metastasized. (10) Early-staged prostate cancer has no symptoms, raising the importance of early detection and screening. (11) The Department of Health and Human Services, the Department of Defense, and the Department of Veterans Affairs all have a role in providing care for and conducting research on prostate cancer. (12) Multiple institutes at the National Institutes of Health are engaged in prostate cancer care and research, including the National Cancer Institute, National Institute of Biomedical Imaging and Bioengineering, the National Institute on Minority Health and Health Disparities, and the Clinical Center. (14) The Department of Defense created the Prostate Cancer Research Program in 1997 and has funded more than $2,000,000,000 in prostate cancer research since that time. (15) Private foundations have provided substantial funding to the prostate cancer research community for almost three decades, including support for over 200 cancer centers and universities. (18) The Director of the Centers for Disease Control and Prevention has partnered with multiple private stakeholder groups to increase awareness and education around prostate cancer in the general population and among high-risk groups. (19) Increased coordination of governmental and nongovernmental activities can reduce costs and increase effectiveness of ongoing work. (20) Joint planning and goal setting across the Government and private sector can create a pathway toward eliminating prostate cancer deaths and improving care for millions of men. SEC. 3. Part A of title IV of the Public Health Service Act (42 U.S.C. 281 et seq.) is amended by adding at the end the following: ``SEC. 404F. PROSTATE CANCER COORDINATING COMMITTEE. ``(c) Composition.-- ``(1) In general.--The Coordinating Committee shall be composed of not more than 24 members, to be appointed by the Secretary, of whom-- ``(A) one-half shall represent Federal agencies that carry out research or treatment activities with respect to prostate cancer, including-- ``(i) the Director of the National Institutes of Health (or designee); ``(ii) the directors of the appropriate agencies of the National Institutes of Health (or designees), including the National Cancer Institute; ``(iii) the Director of the Centers for Disease Control and Prevention (or designee); ``(iv) the Administrator of the Health Resources and Services Administration (or designee); ``(v) the Administrator of the Centers for Medicare & Medicaid Services (or designee); ``(vi) the Commissioner of Food and Drugs (or designee); ``(vii) the Secretary of Defense (or designee); and ``(viii) the Secretary of Veterans Affairs (or designee); and ``(B) one-half shall be individuals who have experience with prostate cancer, including-- ``(i) not less than 3 individuals who are living with prostate cancer (or a caregiver of such individual); ``(ii) not less than 3 researchers; ``(iii) not less than 3 clinicians; ``(iv) not less than 3 representatives from patient groups; and ``(v) not less than 3 representatives from professional medical societies. ``(2) Physician requirement.--Of the members appointed under paragraph (1), not less than one-half shall be physicians. ``(d) Term; Vacancies.-- ``(1) In general.--A member shall be appointed for a term of 3 years. ``(2) Vacancies.--A vacancy on the Coordinating Committee shall be filled in the same manner as the original appointment was made. ``(e) Reappointment.--The Secretary may reappoint a member of the Coordinating Committee to an unlimited number of terms. ``(f) Chair.--The Secretary shall appoint the chair of the Coordinating Committee. ``(g) Plan.--Not later than 1 year after the date of the enactment of this section, the Coordinating Committee shall develop and implement a plan (and update such plan every 3 years thereafter), in consultation with a broad range of scientists, patients, clinicians, and advocacy groups, on prostate cancer research programs and activities carried out by Federal agencies. ``(4) An evaluation on the effectiveness of treatments for prostate cancer and the development of recommendations for new treatments, including new biological agents. ``(6) The development of recommendations to improve clinical pathways in private and government-operated medical systems, including screening and diagnosis and information on informed and shared decision making. ``(7) The development of recommendations for research investigation methods for improving the quality of life of individuals who have survived with prostate cancer. ``(9) With respect to screening and clinical trial enrollment for prostate cancer, recommendations to improve outreach and education, including best practices for outreach to African-American men and other high-risk men. App.) ``(j) Report.-- ``(1) Initial report.--Not later than 1 year after the date of the enactment of this section, the Coordinating Committee shall submit recommendations using the plan under subsection (g) to the following: ``(A) The Secretary of the Department of Health and Human Services. ``(B) The Secretary of Defense. ``(C) The Secretary of Veterans Affairs. ``(D) The Committees on Energy and Commerce and Appropriations of the House of Representatives. ``(k) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2023 through 2029.''.

To amend the Public Health Service Act to establish a Prostate Cancer Coordinating Committee, and for other purposes. 3) Men with at least one close relative who has been diagnosed with prostate cancer have twice the risk of having prostate cancer compared to the general population. ( (6) African-American men suffer from a prostate cancer incidence rate that is significantly higher than that of White men and have more than double the prostate cancer mortality rate than that of White men. ( 11) The Department of Health and Human Services, the Department of Defense, and the Department of Veterans Affairs all have a role in providing care for and conducting research on prostate cancer. ( (13) Additional agencies and offices within the Department of Health and Human Services conduct activities related to prostate cancer, including the Centers for Medicare and Medicaid Services, the Centers for Disease Control and Prevention, the Food and Drug Administration, the Health Resources and Services Administration, the Office of Minority Health, and the Agency for Healthcare Research and Quality. ( 16) The Director of the National Institutes of Health has partnered with private prostate cancer research groups to study to study biological and nonbiological factors associated aggressive prostate cancer in African-American men. ( PROSTATE CANCER COORDINATING COMMITTEE. ``(a) Establishment.--The Secretary shall establish a committee to be known as the Prostate Cancer Coordinating Committee (referred to in this section as the `Coordinating Committee'). ``(2) Physician requirement.--Of the members appointed under paragraph (1), not less than one-half shall be physicians. ``(d) Term; Vacancies.-- ``(1) In general.--A member shall be appointed for a term of 3 years. ``(2) Vacancies.--A vacancy on the Coordinating Committee shall be filled in the same manner as the original appointment was made. ``(g) Plan.--Not later than 1 year after the date of the enactment of this section, the Coordinating Committee shall develop and implement a plan (and update such plan every 3 years thereafter), in consultation with a broad range of scientists, patients, clinicians, and advocacy groups, on prostate cancer research programs and activities carried out by Federal agencies. ``(4) An evaluation on the effectiveness of treatments for prostate cancer and the development of recommendations for new treatments, including new biological agents. ``(8) With respect to prostate cancer, an evaluation on the effectiveness of information and education programs for health care professionals and the public. ``(B) The Secretary of Defense. ``(C) The Secretary of Veterans Affairs. ``(2) Updated reports.--Not later than 3 years after the date of the enactment of this section, and every 3 years thereafter, the Coordinating Committee shall submit to the secretaries and committees listed in paragraph (1)-- ``(A) updated recommendations using the plan under subsection (g); and ``(B) a summary of progress made with respect to recommendations submitted pursuant to this section.

To amend the Public Health Service Act to establish a Prostate Cancer Coordinating Committee, and for other purposes. 7) Research has shown that veterans exposed to herbicides, such as Agent Orange, are at higher risk for and more likely to be diagnosed with aggressive forms of prostate cancer. ( 9) Men diagnosed with early stage disease have a nearly 100 percent 5-year survival rate but only 30 percent of men survive more than 5 years if diagnosed with prostate cancer after the cancer has metastasized. ( (11) The Department of Health and Human Services, the Department of Defense, and the Department of Veterans Affairs all have a role in providing care for and conducting research on prostate cancer. ( 16) The Director of the National Institutes of Health has partnered with private prostate cancer research groups to study to study biological and nonbiological factors associated aggressive prostate cancer in African-American men. ( is amended by adding at the end the following: ``SEC. ``(a) Establishment.--The Secretary shall establish a committee to be known as the Prostate Cancer Coordinating Committee (referred to in this section as the `Coordinating Committee'). ``(e) Reappointment.--The Secretary may reappoint a member of the Coordinating Committee to an unlimited number of terms. ``(g) Plan.--Not later than 1 year after the date of the enactment of this section, the Coordinating Committee shall develop and implement a plan (and update such plan every 3 years thereafter), in consultation with a broad range of scientists, patients, clinicians, and advocacy groups, on prostate cancer research programs and activities carried out by Federal agencies. ``(5) With respect to prostate cancer, an evaluation on the effectiveness of clinical practice guidelines and the development of recommendations to improve such guidelines. ``(9) With respect to screening and clinical trial enrollment for prostate cancer, recommendations to improve outreach and education, including best practices for outreach to African-American men and other high-risk men. shall not apply to the Coordinating Committee. ``(j) Report.-- ``(1) Initial report.--Not later than 1 year after the date of the enactment of this section, the Coordinating Committee shall submit recommendations using the plan under subsection (g) to the following: ``(A) The Secretary of the Department of Health and Human Services.

To amend the Public Health Service Act to establish a Prostate Cancer Coordinating Committee, and for other purposes. 7) Research has shown that veterans exposed to herbicides, such as Agent Orange, are at higher risk for and more likely to be diagnosed with aggressive forms of prostate cancer. ( 9) Men diagnosed with early stage disease have a nearly 100 percent 5-year survival rate but only 30 percent of men survive more than 5 years if diagnosed with prostate cancer after the cancer has metastasized. ( (11) The Department of Health and Human Services, the Department of Defense, and the Department of Veterans Affairs all have a role in providing care for and conducting research on prostate cancer. ( 16) The Director of the National Institutes of Health has partnered with private prostate cancer research groups to study to study biological and nonbiological factors associated aggressive prostate cancer in African-American men. ( is amended by adding at the end the following: ``SEC. ``(a) Establishment.--The Secretary shall establish a committee to be known as the Prostate Cancer Coordinating Committee (referred to in this section as the `Coordinating Committee'). ``(e) Reappointment.--The Secretary may reappoint a member of the Coordinating Committee to an unlimited number of terms. ``(g) Plan.--Not later than 1 year after the date of the enactment of this section, the Coordinating Committee shall develop and implement a plan (and update such plan every 3 years thereafter), in consultation with a broad range of scientists, patients, clinicians, and advocacy groups, on prostate cancer research programs and activities carried out by Federal agencies. ``(5) With respect to prostate cancer, an evaluation on the effectiveness of clinical practice guidelines and the development of recommendations to improve such guidelines. ``(9) With respect to screening and clinical trial enrollment for prostate cancer, recommendations to improve outreach and education, including best practices for outreach to African-American men and other high-risk men. shall not apply to the Coordinating Committee. ``(j) Report.-- ``(1) Initial report.--Not later than 1 year after the date of the enactment of this section, the Coordinating Committee shall submit recommendations using the plan under subsection (g) to the following: ``(A) The Secretary of the Department of Health and Human Services.

To amend the Public Health Service Act to establish a Prostate Cancer Coordinating Committee, and for other purposes. 3) Men with at least one close relative who has been diagnosed with prostate cancer have twice the risk of having prostate cancer compared to the general population. ( (6) African-American men suffer from a prostate cancer incidence rate that is significantly higher than that of White men and have more than double the prostate cancer mortality rate than that of White men. ( 11) The Department of Health and Human Services, the Department of Defense, and the Department of Veterans Affairs all have a role in providing care for and conducting research on prostate cancer. ( (13) Additional agencies and offices within the Department of Health and Human Services conduct activities related to prostate cancer, including the Centers for Medicare and Medicaid Services, the Centers for Disease Control and Prevention, the Food and Drug Administration, the Health Resources and Services Administration, the Office of Minority Health, and the Agency for Healthcare Research and Quality. ( 16) The Director of the National Institutes of Health has partnered with private prostate cancer research groups to study to study biological and nonbiological factors associated aggressive prostate cancer in African-American men. ( PROSTATE CANCER COORDINATING COMMITTEE. ``(a) Establishment.--The Secretary shall establish a committee to be known as the Prostate Cancer Coordinating Committee (referred to in this section as the `Coordinating Committee'). ``(2) Physician requirement.--Of the members appointed under paragraph (1), not less than one-half shall be physicians. ``(d) Term; Vacancies.-- ``(1) In general.--A member shall be appointed for a term of 3 years. ``(2) Vacancies.--A vacancy on the Coordinating Committee shall be filled in the same manner as the original appointment was made. ``(g) Plan.--Not later than 1 year after the date of the enactment of this section, the Coordinating Committee shall develop and implement a plan (and update such plan every 3 years thereafter), in consultation with a broad range of scientists, patients, clinicians, and advocacy groups, on prostate cancer research programs and activities carried out by Federal agencies. ``(4) An evaluation on the effectiveness of treatments for prostate cancer and the development of recommendations for new treatments, including new biological agents. ``(8) With respect to prostate cancer, an evaluation on the effectiveness of information and education programs for health care professionals and the public. ``(B) The Secretary of Defense. ``(C) The Secretary of Veterans Affairs. ``(2) Updated reports.--Not later than 3 years after the date of the enactment of this section, and every 3 years thereafter, the Coordinating Committee shall submit to the secretaries and committees listed in paragraph (1)-- ``(A) updated recommendations using the plan under subsection (g); and ``(B) a summary of progress made with respect to recommendations submitted pursuant to this section.

To amend the Public Health Service Act to establish a Prostate Cancer Coordinating Committee, and for other purposes. 7) Research has shown that veterans exposed to herbicides, such as Agent Orange, are at higher risk for and more likely to be diagnosed with aggressive forms of prostate cancer. ( 9) Men diagnosed with early stage disease have a nearly 100 percent 5-year survival rate but only 30 percent of men survive more than 5 years if diagnosed with prostate cancer after the cancer has metastasized. ( (11) The Department of Health and Human Services, the Department of Defense, and the Department of Veterans Affairs all have a role in providing care for and conducting research on prostate cancer. ( 16) The Director of the National Institutes of Health has partnered with private prostate cancer research groups to study to study biological and nonbiological factors associated aggressive prostate cancer in African-American men. ( is amended by adding at the end the following: ``SEC. ``(a) Establishment.--The Secretary shall establish a committee to be known as the Prostate Cancer Coordinating Committee (referred to in this section as the `Coordinating Committee'). ``(e) Reappointment.--The Secretary may reappoint a member of the Coordinating Committee to an unlimited number of terms. ``(g) Plan.--Not later than 1 year after the date of the enactment of this section, the Coordinating Committee shall develop and implement a plan (and update such plan every 3 years thereafter), in consultation with a broad range of scientists, patients, clinicians, and advocacy groups, on prostate cancer research programs and activities carried out by Federal agencies. ``(5) With respect to prostate cancer, an evaluation on the effectiveness of clinical practice guidelines and the development of recommendations to improve such guidelines. ``(9) With respect to screening and clinical trial enrollment for prostate cancer, recommendations to improve outreach and education, including best practices for outreach to African-American men and other high-risk men. shall not apply to the Coordinating Committee. ``(j) Report.-- ``(1) Initial report.--Not later than 1 year after the date of the enactment of this section, the Coordinating Committee shall submit recommendations using the plan under subsection (g) to the following: ``(A) The Secretary of the Department of Health and Human Services.

To amend the Public Health Service Act to establish a Prostate Cancer Coordinating Committee, and for other purposes. 3) Men with at least one close relative who has been diagnosed with prostate cancer have twice the risk of having prostate cancer compared to the general population. ( (6) African-American men suffer from a prostate cancer incidence rate that is significantly higher than that of White men and have more than double the prostate cancer mortality rate than that of White men. ( 11) The Department of Health and Human Services, the Department of Defense, and the Department of Veterans Affairs all have a role in providing care for and conducting research on prostate cancer. ( (13) Additional agencies and offices within the Department of Health and Human Services conduct activities related to prostate cancer, including the Centers for Medicare and Medicaid Services, the Centers for Disease Control and Prevention, the Food and Drug Administration, the Health Resources and Services Administration, the Office of Minority Health, and the Agency for Healthcare Research and Quality. ( 16) The Director of the National Institutes of Health has partnered with private prostate cancer research groups to study to study biological and nonbiological factors associated aggressive prostate cancer in African-American men. ( PROSTATE CANCER COORDINATING COMMITTEE. ``(a) Establishment.--The Secretary shall establish a committee to be known as the Prostate Cancer Coordinating Committee (referred to in this section as the `Coordinating Committee'). ``(2) Physician requirement.--Of the members appointed under paragraph (1), not less than one-half shall be physicians. ``(d) Term; Vacancies.-- ``(1) In general.--A member shall be appointed for a term of 3 years. ``(2) Vacancies.--A vacancy on the Coordinating Committee shall be filled in the same manner as the original appointment was made. ``(g) Plan.--Not later than 1 year after the date of the enactment of this section, the Coordinating Committee shall develop and implement a plan (and update such plan every 3 years thereafter), in consultation with a broad range of scientists, patients, clinicians, and advocacy groups, on prostate cancer research programs and activities carried out by Federal agencies. ``(4) An evaluation on the effectiveness of treatments for prostate cancer and the development of recommendations for new treatments, including new biological agents. ``(8) With respect to prostate cancer, an evaluation on the effectiveness of information and education programs for health care professionals and the public. ``(B) The Secretary of Defense. ``(C) The Secretary of Veterans Affairs. ``(2) Updated reports.--Not later than 3 years after the date of the enactment of this section, and every 3 years thereafter, the Coordinating Committee shall submit to the secretaries and committees listed in paragraph (1)-- ``(A) updated recommendations using the plan under subsection (g); and ``(B) a summary of progress made with respect to recommendations submitted pursuant to this section.

To amend the Public Health Service Act to establish a Prostate Cancer Coordinating Committee, and for other purposes. 7) Research has shown that veterans exposed to herbicides, such as Agent Orange, are at higher risk for and more likely to be diagnosed with aggressive forms of prostate cancer. ( 9) Men diagnosed with early stage disease have a nearly 100 percent 5-year survival rate but only 30 percent of men survive more than 5 years if diagnosed with prostate cancer after the cancer has metastasized. ( (11) The Department of Health and Human Services, the Department of Defense, and the Department of Veterans Affairs all have a role in providing care for and conducting research on prostate cancer. ( 16) The Director of the National Institutes of Health has partnered with private prostate cancer research groups to study to study biological and nonbiological factors associated aggressive prostate cancer in African-American men. ( is amended by adding at the end the following: ``SEC. ``(a) Establishment.--The Secretary shall establish a committee to be known as the Prostate Cancer Coordinating Committee (referred to in this section as the `Coordinating Committee'). ``(e) Reappointment.--The Secretary may reappoint a member of the Coordinating Committee to an unlimited number of terms. ``(g) Plan.--Not later than 1 year after the date of the enactment of this section, the Coordinating Committee shall develop and implement a plan (and update such plan every 3 years thereafter), in consultation with a broad range of scientists, patients, clinicians, and advocacy groups, on prostate cancer research programs and activities carried out by Federal agencies. ``(5) With respect to prostate cancer, an evaluation on the effectiveness of clinical practice guidelines and the development of recommendations to improve such guidelines. ``(9) With respect to screening and clinical trial enrollment for prostate cancer, recommendations to improve outreach and education, including best practices for outreach to African-American men and other high-risk men. shall not apply to the Coordinating Committee. ``(j) Report.-- ``(1) Initial report.--Not later than 1 year after the date of the enactment of this section, the Coordinating Committee shall submit recommendations using the plan under subsection (g) to the following: ``(A) The Secretary of the Department of Health and Human Services.

To amend the Public Health Service Act to establish a Prostate Cancer Coordinating Committee, and for other purposes. 3) Men with at least one close relative who has been diagnosed with prostate cancer have twice the risk of having prostate cancer compared to the general population. ( (6) African-American men suffer from a prostate cancer incidence rate that is significantly higher than that of White men and have more than double the prostate cancer mortality rate than that of White men. ( 11) The Department of Health and Human Services, the Department of Defense, and the Department of Veterans Affairs all have a role in providing care for and conducting research on prostate cancer. ( (13) Additional agencies and offices within the Department of Health and Human Services conduct activities related to prostate cancer, including the Centers for Medicare and Medicaid Services, the Centers for Disease Control and Prevention, the Food and Drug Administration, the Health Resources and Services Administration, the Office of Minority Health, and the Agency for Healthcare Research and Quality. ( 16) The Director of the National Institutes of Health has partnered with private prostate cancer research groups to study to study biological and nonbiological factors associated aggressive prostate cancer in African-American men. ( PROSTATE CANCER COORDINATING COMMITTEE. ``(a) Establishment.--The Secretary shall establish a committee to be known as the Prostate Cancer Coordinating Committee (referred to in this section as the `Coordinating Committee'). ``(2) Physician requirement.--Of the members appointed under paragraph (1), not less than one-half shall be physicians. ``(d) Term; Vacancies.-- ``(1) In general.--A member shall be appointed for a term of 3 years. ``(2) Vacancies.--A vacancy on the Coordinating Committee shall be filled in the same manner as the original appointment was made. ``(g) Plan.--Not later than 1 year after the date of the enactment of this section, the Coordinating Committee shall develop and implement a plan (and update such plan every 3 years thereafter), in consultation with a broad range of scientists, patients, clinicians, and advocacy groups, on prostate cancer research programs and activities carried out by Federal agencies. ``(4) An evaluation on the effectiveness of treatments for prostate cancer and the development of recommendations for new treatments, including new biological agents. ``(8) With respect to prostate cancer, an evaluation on the effectiveness of information and education programs for health care professionals and the public. ``(B) The Secretary of Defense. ``(C) The Secretary of Veterans Affairs. ``(2) Updated reports.--Not later than 3 years after the date of the enactment of this section, and every 3 years thereafter, the Coordinating Committee shall submit to the secretaries and committees listed in paragraph (1)-- ``(A) updated recommendations using the plan under subsection (g); and ``(B) a summary of progress made with respect to recommendations submitted pursuant to this section.

To amend the Public Health Service Act to establish a Prostate Cancer Coordinating Committee, and for other purposes. 7) Research has shown that veterans exposed to herbicides, such as Agent Orange, are at higher risk for and more likely to be diagnosed with aggressive forms of prostate cancer. ( 9) Men diagnosed with early stage disease have a nearly 100 percent 5-year survival rate but only 30 percent of men survive more than 5 years if diagnosed with prostate cancer after the cancer has metastasized. ( (11) The Department of Health and Human Services, the Department of Defense, and the Department of Veterans Affairs all have a role in providing care for and conducting research on prostate cancer. ( 16) The Director of the National Institutes of Health has partnered with private prostate cancer research groups to study to study biological and nonbiological factors associated aggressive prostate cancer in African-American men. ( is amended by adding at the end the following: ``SEC. ``(a) Establishment.--The Secretary shall establish a committee to be known as the Prostate Cancer Coordinating Committee (referred to in this section as the `Coordinating Committee'). ``(e) Reappointment.--The Secretary may reappoint a member of the Coordinating Committee to an unlimited number of terms. ``(g) Plan.--Not later than 1 year after the date of the enactment of this section, the Coordinating Committee shall develop and implement a plan (and update such plan every 3 years thereafter), in consultation with a broad range of scientists, patients, clinicians, and advocacy groups, on prostate cancer research programs and activities carried out by Federal agencies. ``(5) With respect to prostate cancer, an evaluation on the effectiveness of clinical practice guidelines and the development of recommendations to improve such guidelines. ``(9) With respect to screening and clinical trial enrollment for prostate cancer, recommendations to improve outreach and education, including best practices for outreach to African-American men and other high-risk men. shall not apply to the Coordinating Committee. ``(j) Report.-- ``(1) Initial report.--Not later than 1 year after the date of the enactment of this section, the Coordinating Committee shall submit recommendations using the plan under subsection (g) to the following: ``(A) The Secretary of the Department of Health and Human Services.

To amend the Public Health Service Act to establish a Prostate Cancer Coordinating Committee, and for other purposes. 11) The Department of Health and Human Services, the Department of Defense, and the Department of Veterans Affairs all have a role in providing care for and conducting research on prostate cancer. ( ( ``(2) Physician requirement.--Of the members appointed under paragraph (1), not less than one-half shall be physicians. ``(2) Vacancies.--A vacancy on the Coordinating Committee shall be filled in the same manner as the original appointment was made.

Prostate Cancer Community Assistance, Research and Education Act of 2022 or the PC-CARE Act This bill amends the Public Health Service Act to require the Department of Health and Human Services (HHS) to establish a Prostate Cancer Coordinating Committee to develop and implement a plan to: (1) coordinate activities carried out by federal agencies and research organizations related to prostate cancer; and Directs the Coordinating Committee to develop and implement a plan (and update such plan every three years thereafter) on prostate cancer research programs and activities carried out by federal agencies. Requires such plan to include: (1) the identification of existing prostate cancer programs and activity of the Department of Health and Human Services (HHS), including the National Institutes of Health (NIH), the Department

S.834

Health

Resident Physician Shortage Reduction Act of 2021 This bill increases the number of residency positions eligible for graduate medical education payments under Medicare for qualifying hospitals, including hospitals in rural areas and health professional shortage areas. Current law provides for an increase of up to 200 positions per fiscal year beginning in FY2023, with a total increase of 1,000 positions; each hospital may receive up to 25 additional positions. The bill provides for an additional increase of 2,000 positions per fiscal year from FY2023-FY2029; during this period, each hospital may receive up to 75 additional positions in total under the bill and current law. The bill also requires the Government Accountability Office to report on strategies to increase the diversity of the health professional workforce, including with respect to representation from rural, low-income, and minority communities.

To amend title XVIII of the Social Security Act to provide for the distribution of additional residency positions, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Resident Physician Shortage Reduction Act of 2021''. SEC. 2. DISTRIBUTION OF ADDITIONAL RESIDENCY POSITIONS. (a) In General.--Section 1886(h) of the Social Security Act (42 U.S.C. 1395ww(h)) is amended-- (1) in paragraph (4)(F)(i), by striking ``and (9)'' and inserting ``(9), and (10)''; (2) in paragraph (4)(H)(i), by striking ``and (9)'' and inserting ``(9), and (10)''; (3) in paragraph (7)(E), by inserting ``paragraph (10),'' after ``paragraph (9),''; and (4) by adding at the end the following new paragraph: ``(10) Distribution of additional residency positions.-- ``(A) Additional residency positions.-- ``(i) In general.--For each of fiscal years 2023 through 2029 (and succeeding fiscal years if the Secretary determines that there are additional residency positions available to distribute under clause (iii)(II)), the Secretary shall increase the otherwise applicable resident limit for each qualifying hospital (as defined in subparagraph (G)) that submits a timely application under this subparagraph by such number as the Secretary may approve for portions of cost reporting periods occurring on or after July 1 of the fiscal year of the increase. Except as provided in clause (iii), the aggregate number of increases in the otherwise applicable resident limit under this subparagraph shall be equal to 2,000 in each of fiscal years 2023 through 2029. ``(ii) Process for distributing positions.-- ``(I) Rounds of applications.--The Secretary shall initiate 7 separate rounds of applications for an increase under clause (i), 1 round with respect to each of fiscal years 2023 through 2029. ``(II) Number available.--In each of such rounds, the aggregate number of positions available for distribution in the fiscal year as a result of an increase in the otherwise applicable resident limit (as described in clause (i)) shall be distributed, plus any additional positions available under clause (iii). ``(III) Timing.--The Secretary shall notify hospitals of the number of positions distributed to the hospital under this paragraph as result of an increase in the otherwise applicable resident limit by January 31 of the fiscal year of the increase. Such increase shall be effective for portions of cost reporting periods beginning on or after July 1 of that fiscal year. ``(iii) Positions not distributed during the fiscal year.-- ``(I) In general.--If the number of resident full-time equivalent positions distributed under this paragraph in a fiscal year is less than the aggregate number of positions available for distribution in the fiscal year (as described in clause (i), including after application of this subclause), the difference between such number distributed and such number available for distribution shall be added to the aggregate number of positions available for distribution in the following fiscal year. ``(II) Exception if positions not distributed by end of fiscal year 2029.--If the aggregate number of positions distributed under this paragraph during the 7-year period of fiscal years 2023 through 2029 is less than 14,000, the Secretary shall, in accordance with the considerations described in subparagraph (B)(i) and the priority described in subparagraph (B)(ii), conduct an application and distribution process in each subsequent fiscal year until such time as the aggregate amount of positions distributed under this paragraph is equal to 14,000. ``(B) Distribution to certain hospitals.-- ``(i) Consideration in distribution.--In determining for which hospitals the increase in the otherwise applicable resident limit is provided under subparagraph (A), the Secretary shall take into account the demonstrated likelihood of the hospital filling the positions made available under this paragraph within the first 5 cost reporting periods beginning after the date the increase would be effective, as determined by the Secretary. ``(ii) Minimum distribution for certain categories of hospitals.--With respect to the aggregate number of such positions available for distribution under this paragraph, the Secretary shall distribute not less than 10 percent of such aggregate number to each of the following categories of hospitals: ``(I) Hospitals that are located in a rural area (as defined in subsection (d)(2)(D)) or are treated as being located in a rural area pursuant to subsection (d)(8)(E). ``(II) Hospitals in which the reference resident level of the hospital (as specified in subparagraph (G)(iii)) is greater than the otherwise applicable resident limit. ``(III) Hospitals in States with-- ``(aa) new medical schools that received `Candidate School' status from the Liaison Committee on Medical Education or that received `Pre- Accreditation' status from the American Osteopathic Association Commission on Osteopathic College Accreditation on or after January 1, 2000, and that have achieved or continue to progress toward `Full Accreditation' status (as such term is defined by the Liaison Committee on Medical Education) or toward `Accreditation' status (as such term is defined by the American Osteopathic Association Commission on Osteopathic College Accreditation); or ``(bb) additional locations and branch campuses established on or after January 1, 2000, by medical schools with `Full Accreditation' status (as such term is defined by the Liaison Committee on Medical Education) or `Accreditation' status (as such term is defined by the American Osteopathic Association Commission on Osteopathic College Accreditation). ``(IV) Hospitals that serve areas designated as health professional shortage areas under section 332(a)(1)(A) of the Public Health Service Act, as determined by the Secretary. ``(C) Prohibition on distribution to hospitals without an increase agreement.--No increase in the otherwise applicable resident limit of a hospital may be made under this paragraph unless such hospital agrees to increase the total number of full-time equivalent residency positions under the approved medical residency training program of such hospital by the number of such positions made available by such increase under this paragraph. ``(D) Limitation.-- ``(i) In general.--Except as provided in clause (ii), a hospital may not receive more than 75 full-time equivalent additional residency positions in the aggregate under this paragraph and paragraph (9) over the period of fiscal years 2023 through 2029. ``(ii) Increase in number of additional positions a hospital may receive.--The Secretary shall increase the aggregate number of full-time equivalent additional residency positions a hospital may receive under this paragraph over such period if the Secretary estimates that the number of positions available for distribution under subparagraph (A) exceeds the number of applications approved under such subparagraph over such period. ``(E) Application of per resident amounts for primary care and nonprimary care.--With respect to additional residency positions in a hospital attributable to the increase provided under this paragraph, the approved FTE per resident amounts are deemed to be equal to the hospital per resident amounts for primary care and nonprimary care computed under paragraph (2)(D) for that hospital. ``(F) Permitting facilities to apply aggregation rules.--The Secretary shall permit hospitals receiving additional residency positions attributable to the increase provided under this paragraph to, beginning in the fifth year after the effective date of such increase, apply such positions to the limitation amount under paragraph (4)(F) that may be aggregated pursuant to paragraph (4)(H) among members of the same affiliated group. ``(G) Definitions.--In this paragraph: ``(i) Otherwise applicable resident limit.--The term `otherwise applicable resident limit' means, with respect to a hospital, the limit otherwise applicable under subparagraphs (F)(i) and (H) of paragraph (4) on the resident level for the hospital determined without regard to this paragraph but taking into account paragraphs (7)(A), (7)(B), (8)(A), and (8)(B). ``(ii) Qualifying hospital.--The term `qualifying hospital' means a hospital described in any of subclauses (I) through (IV) of subparagraph (B)(ii). ``(iii) Reference resident level.--The term `reference resident level' means, with respect to a hospital, the resident level for the most recent cost reporting period of the hospital ending on or before the date of enactment of this paragraph, for which a cost report has been settled (or, if not, submitted (subject to audit)), as determined by the Secretary. ``(iv) Resident level.--The term `resident level' has the meaning given such term in paragraph (7)(C)(i).''. (b) IME.-- (1) In general.--Section 1886(d)(5)(B)(v) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(B)(v)), in the third sentence, is amended by striking ``and (h)(9)''and inserting ``(h)(9), and (h)(10)''. (2) Conforming provision.--Section 1886(d)(5)(B) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(B)) is amended by adding after clause (xii) the following new clause: ``(xiii) For discharges occurring on or after July 1, 2023, insofar as an additional payment amount under this subparagraph is attributable to resident positions distributed to a hospital under subsection (h)(10), the indirect teaching adjustment factor shall be computed in the same manner as provided under clause (ii) with respect to such resident positions.''. SEC. 3. STUDY AND REPORT ON STRATEGIES FOR INCREASING DIVERSITY. (a) Study.--The Comptroller General of the United States (in this section referred to as the ``Comptroller General'') shall conduct a study on strategies for increasing the diversity of the health professional workforce. Such study shall include an analysis of strategies for increasing the number of health professionals from rural, lower income, and underrepresented minority communities, including which strategies are most effective for achieving such goal. (b) Report.--Not later than 2 years after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the study conducted under subsection (a), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate. <all>

Resident Physician Shortage Reduction Act of 2021

A bill to amend title XVIII of the Social Security Act to provide for the distribution of additional residency positions, and for other purposes.

Resident Physician Shortage Reduction Act of 2021

Sen. Menendez, Robert

D

NJ

This bill increases the number of residency positions eligible for graduate medical education payments under Medicare for qualifying hospitals, including hospitals in rural areas and health professional shortage areas. Current law provides for an increase of up to 200 positions per fiscal year beginning in FY2023, with a total increase of 1,000 positions; each hospital may receive up to 25 additional positions. The bill provides for an additional increase of 2,000 positions per fiscal year from FY2023-FY2029; during this period, each hospital may receive up to 75 additional positions in total under the bill and current law. The bill also requires the Government Accountability Office to report on strategies to increase the diversity of the health professional workforce, including with respect to representation from rural, low-income, and minority communities.

SHORT TITLE. This Act may be cited as the ``Resident Physician Shortage Reduction Act of 2021''. 2. DISTRIBUTION OF ADDITIONAL RESIDENCY POSITIONS. ``(ii) Process for distributing positions.-- ``(I) Rounds of applications.--The Secretary shall initiate 7 separate rounds of applications for an increase under clause (i), 1 round with respect to each of fiscal years 2023 through 2029. ``(III) Timing.--The Secretary shall notify hospitals of the number of positions distributed to the hospital under this paragraph as result of an increase in the otherwise applicable resident limit by January 31 of the fiscal year of the increase. Such increase shall be effective for portions of cost reporting periods beginning on or after July 1 of that fiscal year. ``(ii) Minimum distribution for certain categories of hospitals.--With respect to the aggregate number of such positions available for distribution under this paragraph, the Secretary shall distribute not less than 10 percent of such aggregate number to each of the following categories of hospitals: ``(I) Hospitals that are located in a rural area (as defined in subsection (d)(2)(D)) or are treated as being located in a rural area pursuant to subsection (d)(8)(E). ``(III) Hospitals in States with-- ``(aa) new medical schools that received `Candidate School' status from the Liaison Committee on Medical Education or that received `Pre- Accreditation' status from the American Osteopathic Association Commission on Osteopathic College Accreditation on or after January 1, 2000, and that have achieved or continue to progress toward `Full Accreditation' status (as such term is defined by the Liaison Committee on Medical Education) or toward `Accreditation' status (as such term is defined by the American Osteopathic Association Commission on Osteopathic College Accreditation); or ``(bb) additional locations and branch campuses established on or after January 1, 2000, by medical schools with `Full Accreditation' status (as such term is defined by the Liaison Committee on Medical Education) or `Accreditation' status (as such term is defined by the American Osteopathic Association Commission on Osteopathic College Accreditation). ``(E) Application of per resident amounts for primary care and nonprimary care.--With respect to additional residency positions in a hospital attributable to the increase provided under this paragraph, the approved FTE per resident amounts are deemed to be equal to the hospital per resident amounts for primary care and nonprimary care computed under paragraph (2)(D) for that hospital. ``(ii) Qualifying hospital.--The term `qualifying hospital' means a hospital described in any of subclauses (I) through (IV) of subparagraph (B)(ii). (b) IME.-- (1) In general.--Section 1886(d)(5)(B)(v) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(B)(v)), in the third sentence, is amended by striking ``and (h)(9)''and inserting ``(h)(9), and (h)(10)''. SEC. 3. STUDY AND REPORT ON STRATEGIES FOR INCREASING DIVERSITY.

2. DISTRIBUTION OF ADDITIONAL RESIDENCY POSITIONS. ``(ii) Process for distributing positions.-- ``(I) Rounds of applications.--The Secretary shall initiate 7 separate rounds of applications for an increase under clause (i), 1 round with respect to each of fiscal years 2023 through 2029. ``(III) Timing.--The Secretary shall notify hospitals of the number of positions distributed to the hospital under this paragraph as result of an increase in the otherwise applicable resident limit by January 31 of the fiscal year of the increase. Such increase shall be effective for portions of cost reporting periods beginning on or after July 1 of that fiscal year. ``(III) Hospitals in States with-- ``(aa) new medical schools that received `Candidate School' status from the Liaison Committee on Medical Education or that received `Pre- Accreditation' status from the American Osteopathic Association Commission on Osteopathic College Accreditation on or after January 1, 2000, and that have achieved or continue to progress toward `Full Accreditation' status (as such term is defined by the Liaison Committee on Medical Education) or toward `Accreditation' status (as such term is defined by the American Osteopathic Association Commission on Osteopathic College Accreditation); or ``(bb) additional locations and branch campuses established on or after January 1, 2000, by medical schools with `Full Accreditation' status (as such term is defined by the Liaison Committee on Medical Education) or `Accreditation' status (as such term is defined by the American Osteopathic Association Commission on Osteopathic College Accreditation). ``(ii) Qualifying hospital.--The term `qualifying hospital' means a hospital described in any of subclauses (I) through (IV) of subparagraph (B)(ii). (b) IME.-- (1) In general.--Section 1886(d)(5)(B)(v) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(B)(v)), in the third sentence, is amended by striking ``and (h)(9)''and inserting ``(h)(9), and (h)(10)''. STUDY AND REPORT ON STRATEGIES FOR INCREASING DIVERSITY.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Resident Physician Shortage Reduction Act of 2021''. 2. DISTRIBUTION OF ADDITIONAL RESIDENCY POSITIONS. ``(ii) Process for distributing positions.-- ``(I) Rounds of applications.--The Secretary shall initiate 7 separate rounds of applications for an increase under clause (i), 1 round with respect to each of fiscal years 2023 through 2029. ``(III) Timing.--The Secretary shall notify hospitals of the number of positions distributed to the hospital under this paragraph as result of an increase in the otherwise applicable resident limit by January 31 of the fiscal year of the increase. Such increase shall be effective for portions of cost reporting periods beginning on or after July 1 of that fiscal year. ``(ii) Minimum distribution for certain categories of hospitals.--With respect to the aggregate number of such positions available for distribution under this paragraph, the Secretary shall distribute not less than 10 percent of such aggregate number to each of the following categories of hospitals: ``(I) Hospitals that are located in a rural area (as defined in subsection (d)(2)(D)) or are treated as being located in a rural area pursuant to subsection (d)(8)(E). ``(III) Hospitals in States with-- ``(aa) new medical schools that received `Candidate School' status from the Liaison Committee on Medical Education or that received `Pre- Accreditation' status from the American Osteopathic Association Commission on Osteopathic College Accreditation on or after January 1, 2000, and that have achieved or continue to progress toward `Full Accreditation' status (as such term is defined by the Liaison Committee on Medical Education) or toward `Accreditation' status (as such term is defined by the American Osteopathic Association Commission on Osteopathic College Accreditation); or ``(bb) additional locations and branch campuses established on or after January 1, 2000, by medical schools with `Full Accreditation' status (as such term is defined by the Liaison Committee on Medical Education) or `Accreditation' status (as such term is defined by the American Osteopathic Association Commission on Osteopathic College Accreditation). ``(C) Prohibition on distribution to hospitals without an increase agreement.--No increase in the otherwise applicable resident limit of a hospital may be made under this paragraph unless such hospital agrees to increase the total number of full-time equivalent residency positions under the approved medical residency training program of such hospital by the number of such positions made available by such increase under this paragraph. ``(E) Application of per resident amounts for primary care and nonprimary care.--With respect to additional residency positions in a hospital attributable to the increase provided under this paragraph, the approved FTE per resident amounts are deemed to be equal to the hospital per resident amounts for primary care and nonprimary care computed under paragraph (2)(D) for that hospital. ``(F) Permitting facilities to apply aggregation rules.--The Secretary shall permit hospitals receiving additional residency positions attributable to the increase provided under this paragraph to, beginning in the fifth year after the effective date of such increase, apply such positions to the limitation amount under paragraph (4)(F) that may be aggregated pursuant to paragraph (4)(H) among members of the same affiliated group. ``(ii) Qualifying hospital.--The term `qualifying hospital' means a hospital described in any of subclauses (I) through (IV) of subparagraph (B)(ii). ``(iii) Reference resident level.--The term `reference resident level' means, with respect to a hospital, the resident level for the most recent cost reporting period of the hospital ending on or before the date of enactment of this paragraph, for which a cost report has been settled (or, if not, submitted (subject to audit)), as determined by the Secretary. (b) IME.-- (1) In general.--Section 1886(d)(5)(B)(v) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(B)(v)), in the third sentence, is amended by striking ``and (h)(9)''and inserting ``(h)(9), and (h)(10)''. SEC. 3. STUDY AND REPORT ON STRATEGIES FOR INCREASING DIVERSITY. (a) Study.--The Comptroller General of the United States (in this section referred to as the ``Comptroller General'') shall conduct a study on strategies for increasing the diversity of the health professional workforce. Such study shall include an analysis of strategies for increasing the number of health professionals from rural, lower income, and underrepresented minority communities, including which strategies are most effective for achieving such goal.

To amend title XVIII of the Social Security Act to provide for the distribution of additional residency positions, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Resident Physician Shortage Reduction Act of 2021''. 2. DISTRIBUTION OF ADDITIONAL RESIDENCY POSITIONS. ``(ii) Process for distributing positions.-- ``(I) Rounds of applications.--The Secretary shall initiate 7 separate rounds of applications for an increase under clause (i), 1 round with respect to each of fiscal years 2023 through 2029. ``(III) Timing.--The Secretary shall notify hospitals of the number of positions distributed to the hospital under this paragraph as result of an increase in the otherwise applicable resident limit by January 31 of the fiscal year of the increase. Such increase shall be effective for portions of cost reporting periods beginning on or after July 1 of that fiscal year. ``(II) Exception if positions not distributed by end of fiscal year 2029.--If the aggregate number of positions distributed under this paragraph during the 7-year period of fiscal years 2023 through 2029 is less than 14,000, the Secretary shall, in accordance with the considerations described in subparagraph (B)(i) and the priority described in subparagraph (B)(ii), conduct an application and distribution process in each subsequent fiscal year until such time as the aggregate amount of positions distributed under this paragraph is equal to 14,000. ``(ii) Minimum distribution for certain categories of hospitals.--With respect to the aggregate number of such positions available for distribution under this paragraph, the Secretary shall distribute not less than 10 percent of such aggregate number to each of the following categories of hospitals: ``(I) Hospitals that are located in a rural area (as defined in subsection (d)(2)(D)) or are treated as being located in a rural area pursuant to subsection (d)(8)(E). ``(II) Hospitals in which the reference resident level of the hospital (as specified in subparagraph (G)(iii)) is greater than the otherwise applicable resident limit. ``(III) Hospitals in States with-- ``(aa) new medical schools that received `Candidate School' status from the Liaison Committee on Medical Education or that received `Pre- Accreditation' status from the American Osteopathic Association Commission on Osteopathic College Accreditation on or after January 1, 2000, and that have achieved or continue to progress toward `Full Accreditation' status (as such term is defined by the Liaison Committee on Medical Education) or toward `Accreditation' status (as such term is defined by the American Osteopathic Association Commission on Osteopathic College Accreditation); or ``(bb) additional locations and branch campuses established on or after January 1, 2000, by medical schools with `Full Accreditation' status (as such term is defined by the Liaison Committee on Medical Education) or `Accreditation' status (as such term is defined by the American Osteopathic Association Commission on Osteopathic College Accreditation). ``(C) Prohibition on distribution to hospitals without an increase agreement.--No increase in the otherwise applicable resident limit of a hospital may be made under this paragraph unless such hospital agrees to increase the total number of full-time equivalent residency positions under the approved medical residency training program of such hospital by the number of such positions made available by such increase under this paragraph. ``(E) Application of per resident amounts for primary care and nonprimary care.--With respect to additional residency positions in a hospital attributable to the increase provided under this paragraph, the approved FTE per resident amounts are deemed to be equal to the hospital per resident amounts for primary care and nonprimary care computed under paragraph (2)(D) for that hospital. ``(F) Permitting facilities to apply aggregation rules.--The Secretary shall permit hospitals receiving additional residency positions attributable to the increase provided under this paragraph to, beginning in the fifth year after the effective date of such increase, apply such positions to the limitation amount under paragraph (4)(F) that may be aggregated pursuant to paragraph (4)(H) among members of the same affiliated group. ``(ii) Qualifying hospital.--The term `qualifying hospital' means a hospital described in any of subclauses (I) through (IV) of subparagraph (B)(ii). ``(iii) Reference resident level.--The term `reference resident level' means, with respect to a hospital, the resident level for the most recent cost reporting period of the hospital ending on or before the date of enactment of this paragraph, for which a cost report has been settled (or, if not, submitted (subject to audit)), as determined by the Secretary. (b) IME.-- (1) In general.--Section 1886(d)(5)(B)(v) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(B)(v)), in the third sentence, is amended by striking ``and (h)(9)''and inserting ``(h)(9), and (h)(10)''. 1395ww(d)(5)(B)) is amended by adding after clause (xii) the following new clause: ``(xiii) For discharges occurring on or after July 1, 2023, insofar as an additional payment amount under this subparagraph is attributable to resident positions distributed to a hospital under subsection (h)(10), the indirect teaching adjustment factor shall be computed in the same manner as provided under clause (ii) with respect to such resident positions.''. SEC. 3. STUDY AND REPORT ON STRATEGIES FOR INCREASING DIVERSITY. (a) Study.--The Comptroller General of the United States (in this section referred to as the ``Comptroller General'') shall conduct a study on strategies for increasing the diversity of the health professional workforce. Such study shall include an analysis of strategies for increasing the number of health professionals from rural, lower income, and underrepresented minority communities, including which strategies are most effective for achieving such goal. (b) Report.--Not later than 2 years after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the study conducted under subsection (a), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate.

To amend title XVIII of the Social Security Act to provide for the distribution of additional residency positions, and for other purposes. This Act may be cited as the ``Resident Physician Shortage Reduction Act of 2021''. Except as provided in clause (iii), the aggregate number of increases in the otherwise applicable resident limit under this subparagraph shall be equal to 2,000 in each of fiscal years 2023 through 2029. ``(III) Timing.--The Secretary shall notify hospitals of the number of positions distributed to the hospital under this paragraph as result of an increase in the otherwise applicable resident limit by January 31 of the fiscal year of the increase. ``(iii) Positions not distributed during the fiscal year.-- ``(I) In general.--If the number of resident full-time equivalent positions distributed under this paragraph in a fiscal year is less than the aggregate number of positions available for distribution in the fiscal year (as described in clause (i), including after application of this subclause), the difference between such number distributed and such number available for distribution shall be added to the aggregate number of positions available for distribution in the following fiscal year. ``(II) Exception if positions not distributed by end of fiscal year 2029.--If the aggregate number of positions distributed under this paragraph during the 7-year period of fiscal years 2023 through 2029 is less than 14,000, the Secretary shall, in accordance with the considerations described in subparagraph (B)(i) and the priority described in subparagraph (B)(ii), conduct an application and distribution process in each subsequent fiscal year until such time as the aggregate amount of positions distributed under this paragraph is equal to 14,000. ``(ii) Minimum distribution for certain categories of hospitals.--With respect to the aggregate number of such positions available for distribution under this paragraph, the Secretary shall distribute not less than 10 percent of such aggregate number to each of the following categories of hospitals: ``(I) Hospitals that are located in a rural area (as defined in subsection (d)(2)(D)) or are treated as being located in a rural area pursuant to subsection (d)(8)(E). ``(II) Hospitals in which the reference resident level of the hospital (as specified in subparagraph (G)(iii)) is greater than the otherwise applicable resident limit. ``(IV) Hospitals that serve areas designated as health professional shortage areas under section 332(a)(1)(A) of the Public Health Service Act, as determined by the Secretary. ``(ii) Increase in number of additional positions a hospital may receive.--The Secretary shall increase the aggregate number of full-time equivalent additional residency positions a hospital may receive under this paragraph over such period if the Secretary estimates that the number of positions available for distribution under subparagraph (A) exceeds the number of applications approved under such subparagraph over such period. ``(E) Application of per resident amounts for primary care and nonprimary care.--With respect to additional residency positions in a hospital attributable to the increase provided under this paragraph, the approved FTE per resident amounts are deemed to be equal to the hospital per resident amounts for primary care and nonprimary care computed under paragraph (2)(D) for that hospital. ``(G) Definitions.--In this paragraph: ``(i) Otherwise applicable resident limit.--The term `otherwise applicable resident limit' means, with respect to a hospital, the limit otherwise applicable under subparagraphs (F)(i) and (H) of paragraph (4) on the resident level for the hospital determined without regard to this paragraph but taking into account paragraphs (7)(A), (7)(B), (8)(A), and (8)(B). ``(iii) Reference resident level.--The term `reference resident level' means, with respect to a hospital, the resident level for the most recent cost reporting period of the hospital ending on or before the date of enactment of this paragraph, for which a cost report has been settled (or, if not, submitted (subject to audit)), as determined by the Secretary. b) IME.-- (1) In general.--Section 1886(d)(5)(B)(v) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(B)(v)), in the third sentence, is amended by striking ``and (h)(9)''and inserting ``(h)(9), and (h)(10)''. ( Such study shall include an analysis of strategies for increasing the number of health professionals from rural, lower income, and underrepresented minority communities, including which strategies are most effective for achieving such goal. ( b) Report.--Not later than 2 years after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the study conducted under subsection (a), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate.

To amend title XVIII of the Social Security Act to provide for the distribution of additional residency positions, and for other purposes. ``(II) Number available.--In each of such rounds, the aggregate number of positions available for distribution in the fiscal year as a result of an increase in the otherwise applicable resident limit (as described in clause (i)) shall be distributed, plus any additional positions available under clause (iii). ``(III) Timing.--The Secretary shall notify hospitals of the number of positions distributed to the hospital under this paragraph as result of an increase in the otherwise applicable resident limit by January 31 of the fiscal year of the increase. ``(II) Exception if positions not distributed by end of fiscal year 2029.--If the aggregate number of positions distributed under this paragraph during the 7-year period of fiscal years 2023 through 2029 is less than 14,000, the Secretary shall, in accordance with the considerations described in subparagraph (B)(i) and the priority described in subparagraph (B)(ii), conduct an application and distribution process in each subsequent fiscal year until such time as the aggregate amount of positions distributed under this paragraph is equal to 14,000. ``(ii) Minimum distribution for certain categories of hospitals.--With respect to the aggregate number of such positions available for distribution under this paragraph, the Secretary shall distribute not less than 10 percent of such aggregate number to each of the following categories of hospitals: ``(I) Hospitals that are located in a rural area (as defined in subsection (d)(2)(D)) or are treated as being located in a rural area pursuant to subsection (d)(8)(E). ``(D) Limitation.-- ``(i) In general.--Except as provided in clause (ii), a hospital may not receive more than 75 full-time equivalent additional residency positions in the aggregate under this paragraph and paragraph (9) over the period of fiscal years 2023 through 2029. ``(ii) Increase in number of additional positions a hospital may receive.--The Secretary shall increase the aggregate number of full-time equivalent additional residency positions a hospital may receive under this paragraph over such period if the Secretary estimates that the number of positions available for distribution under subparagraph (A) exceeds the number of applications approved under such subparagraph over such period. ``(G) Definitions.--In this paragraph: ``(i) Otherwise applicable resident limit.--The term `otherwise applicable resident limit' means, with respect to a hospital, the limit otherwise applicable under subparagraphs (F)(i) and (H) of paragraph (4) on the resident level for the hospital determined without regard to this paragraph but taking into account paragraphs (7)(A), (7)(B), (8)(A), and (8)(B). 1395ww(d)(5)(B)(v)), in the third sentence, is amended by striking ``and (h)(9)''and inserting ``(h)(9), and (h)(10)''. ( b) Report.--Not later than 2 years after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the study conducted under subsection (a), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate.

To amend title XVIII of the Social Security Act to provide for the distribution of additional residency positions, and for other purposes. ``(II) Number available.--In each of such rounds, the aggregate number of positions available for distribution in the fiscal year as a result of an increase in the otherwise applicable resident limit (as described in clause (i)) shall be distributed, plus any additional positions available under clause (iii). ``(III) Timing.--The Secretary shall notify hospitals of the number of positions distributed to the hospital under this paragraph as result of an increase in the otherwise applicable resident limit by January 31 of the fiscal year of the increase. ``(II) Exception if positions not distributed by end of fiscal year 2029.--If the aggregate number of positions distributed under this paragraph during the 7-year period of fiscal years 2023 through 2029 is less than 14,000, the Secretary shall, in accordance with the considerations described in subparagraph (B)(i) and the priority described in subparagraph (B)(ii), conduct an application and distribution process in each subsequent fiscal year until such time as the aggregate amount of positions distributed under this paragraph is equal to 14,000. ``(ii) Minimum distribution for certain categories of hospitals.--With respect to the aggregate number of such positions available for distribution under this paragraph, the Secretary shall distribute not less than 10 percent of such aggregate number to each of the following categories of hospitals: ``(I) Hospitals that are located in a rural area (as defined in subsection (d)(2)(D)) or are treated as being located in a rural area pursuant to subsection (d)(8)(E). ``(D) Limitation.-- ``(i) In general.--Except as provided in clause (ii), a hospital may not receive more than 75 full-time equivalent additional residency positions in the aggregate under this paragraph and paragraph (9) over the period of fiscal years 2023 through 2029. ``(ii) Increase in number of additional positions a hospital may receive.--The Secretary shall increase the aggregate number of full-time equivalent additional residency positions a hospital may receive under this paragraph over such period if the Secretary estimates that the number of positions available for distribution under subparagraph (A) exceeds the number of applications approved under such subparagraph over such period. ``(G) Definitions.--In this paragraph: ``(i) Otherwise applicable resident limit.--The term `otherwise applicable resident limit' means, with respect to a hospital, the limit otherwise applicable under subparagraphs (F)(i) and (H) of paragraph (4) on the resident level for the hospital determined without regard to this paragraph but taking into account paragraphs (7)(A), (7)(B), (8)(A), and (8)(B). 1395ww(d)(5)(B)(v)), in the third sentence, is amended by striking ``and (h)(9)''and inserting ``(h)(9), and (h)(10)''. ( b) Report.--Not later than 2 years after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the study conducted under subsection (a), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate.

To amend title XVIII of the Social Security Act to provide for the distribution of additional residency positions, and for other purposes. This Act may be cited as the ``Resident Physician Shortage Reduction Act of 2021''. Except as provided in clause (iii), the aggregate number of increases in the otherwise applicable resident limit under this subparagraph shall be equal to 2,000 in each of fiscal years 2023 through 2029. ``(III) Timing.--The Secretary shall notify hospitals of the number of positions distributed to the hospital under this paragraph as result of an increase in the otherwise applicable resident limit by January 31 of the fiscal year of the increase. ``(iii) Positions not distributed during the fiscal year.-- ``(I) In general.--If the number of resident full-time equivalent positions distributed under this paragraph in a fiscal year is less than the aggregate number of positions available for distribution in the fiscal year (as described in clause (i), including after application of this subclause), the difference between such number distributed and such number available for distribution shall be added to the aggregate number of positions available for distribution in the following fiscal year. ``(II) Exception if positions not distributed by end of fiscal year 2029.--If the aggregate number of positions distributed under this paragraph during the 7-year period of fiscal years 2023 through 2029 is less than 14,000, the Secretary shall, in accordance with the considerations described in subparagraph (B)(i) and the priority described in subparagraph (B)(ii), conduct an application and distribution process in each subsequent fiscal year until such time as the aggregate amount of positions distributed under this paragraph is equal to 14,000. ``(ii) Minimum distribution for certain categories of hospitals.--With respect to the aggregate number of such positions available for distribution under this paragraph, the Secretary shall distribute not less than 10 percent of such aggregate number to each of the following categories of hospitals: ``(I) Hospitals that are located in a rural area (as defined in subsection (d)(2)(D)) or are treated as being located in a rural area pursuant to subsection (d)(8)(E). ``(II) Hospitals in which the reference resident level of the hospital (as specified in subparagraph (G)(iii)) is greater than the otherwise applicable resident limit. ``(IV) Hospitals that serve areas designated as health professional shortage areas under section 332(a)(1)(A) of the Public Health Service Act, as determined by the Secretary. ``(ii) Increase in number of additional positions a hospital may receive.--The Secretary shall increase the aggregate number of full-time equivalent additional residency positions a hospital may receive under this paragraph over such period if the Secretary estimates that the number of positions available for distribution under subparagraph (A) exceeds the number of applications approved under such subparagraph over such period. ``(E) Application of per resident amounts for primary care and nonprimary care.--With respect to additional residency positions in a hospital attributable to the increase provided under this paragraph, the approved FTE per resident amounts are deemed to be equal to the hospital per resident amounts for primary care and nonprimary care computed under paragraph (2)(D) for that hospital. ``(G) Definitions.--In this paragraph: ``(i) Otherwise applicable resident limit.--The term `otherwise applicable resident limit' means, with respect to a hospital, the limit otherwise applicable under subparagraphs (F)(i) and (H) of paragraph (4) on the resident level for the hospital determined without regard to this paragraph but taking into account paragraphs (7)(A), (7)(B), (8)(A), and (8)(B). ``(iii) Reference resident level.--The term `reference resident level' means, with respect to a hospital, the resident level for the most recent cost reporting period of the hospital ending on or before the date of enactment of this paragraph, for which a cost report has been settled (or, if not, submitted (subject to audit)), as determined by the Secretary. b) IME.-- (1) In general.--Section 1886(d)(5)(B)(v) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(B)(v)), in the third sentence, is amended by striking ``and (h)(9)''and inserting ``(h)(9), and (h)(10)''. ( Such study shall include an analysis of strategies for increasing the number of health professionals from rural, lower income, and underrepresented minority communities, including which strategies are most effective for achieving such goal. ( b) Report.--Not later than 2 years after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the study conducted under subsection (a), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate.

To amend title XVIII of the Social Security Act to provide for the distribution of additional residency positions, and for other purposes. ``(II) Number available.--In each of such rounds, the aggregate number of positions available for distribution in the fiscal year as a result of an increase in the otherwise applicable resident limit (as described in clause (i)) shall be distributed, plus any additional positions available under clause (iii). ``(III) Timing.--The Secretary shall notify hospitals of the number of positions distributed to the hospital under this paragraph as result of an increase in the otherwise applicable resident limit by January 31 of the fiscal year of the increase. ``(II) Exception if positions not distributed by end of fiscal year 2029.--If the aggregate number of positions distributed under this paragraph during the 7-year period of fiscal years 2023 through 2029 is less than 14,000, the Secretary shall, in accordance with the considerations described in subparagraph (B)(i) and the priority described in subparagraph (B)(ii), conduct an application and distribution process in each subsequent fiscal year until such time as the aggregate amount of positions distributed under this paragraph is equal to 14,000. ``(ii) Minimum distribution for certain categories of hospitals.--With respect to the aggregate number of such positions available for distribution under this paragraph, the Secretary shall distribute not less than 10 percent of such aggregate number to each of the following categories of hospitals: ``(I) Hospitals that are located in a rural area (as defined in subsection (d)(2)(D)) or are treated as being located in a rural area pursuant to subsection (d)(8)(E). ``(D) Limitation.-- ``(i) In general.--Except as provided in clause (ii), a hospital may not receive more than 75 full-time equivalent additional residency positions in the aggregate under this paragraph and paragraph (9) over the period of fiscal years 2023 through 2029. ``(ii) Increase in number of additional positions a hospital may receive.--The Secretary shall increase the aggregate number of full-time equivalent additional residency positions a hospital may receive under this paragraph over such period if the Secretary estimates that the number of positions available for distribution under subparagraph (A) exceeds the number of applications approved under such subparagraph over such period. ``(G) Definitions.--In this paragraph: ``(i) Otherwise applicable resident limit.--The term `otherwise applicable resident limit' means, with respect to a hospital, the limit otherwise applicable under subparagraphs (F)(i) and (H) of paragraph (4) on the resident level for the hospital determined without regard to this paragraph but taking into account paragraphs (7)(A), (7)(B), (8)(A), and (8)(B). 1395ww(d)(5)(B)(v)), in the third sentence, is amended by striking ``and (h)(9)''and inserting ``(h)(9), and (h)(10)''. ( b) Report.--Not later than 2 years after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the study conducted under subsection (a), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate.

To amend title XVIII of the Social Security Act to provide for the distribution of additional residency positions, and for other purposes. ``(III) Timing.--The Secretary shall notify hospitals of the number of positions distributed to the hospital under this paragraph as result of an increase in the otherwise applicable resident limit by January 31 of the fiscal year of the increase. ``(II) Exception if positions not distributed by end of fiscal year 2029.--If the aggregate number of positions distributed under this paragraph during the 7-year period of fiscal years 2023 through 2029 is less than 14,000, the Secretary shall, in accordance with the considerations described in subparagraph (B)(i) and the priority described in subparagraph (B)(ii), conduct an application and distribution process in each subsequent fiscal year until such time as the aggregate amount of positions distributed under this paragraph is equal to 14,000. ``(IV) Hospitals that serve areas designated as health professional shortage areas under section 332(a)(1)(A) of the Public Health Service Act, as determined by the Secretary. ``(ii) Increase in number of additional positions a hospital may receive.--The Secretary shall increase the aggregate number of full-time equivalent additional residency positions a hospital may receive under this paragraph over such period if the Secretary estimates that the number of positions available for distribution under subparagraph (A) exceeds the number of applications approved under such subparagraph over such period. ``(G) Definitions.--In this paragraph: ``(i) Otherwise applicable resident limit.--The term `otherwise applicable resident limit' means, with respect to a hospital, the limit otherwise applicable under subparagraphs (F)(i) and (H) of paragraph (4) on the resident level for the hospital determined without regard to this paragraph but taking into account paragraphs (7)(A), (7)(B), (8)(A), and (8)(B). b) IME.-- (1) In general.--Section 1886(d)(5)(B)(v) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(B)(v)), in the third sentence, is amended by striking ``and (h)(9)''and inserting ``(h)(9), and (h)(10)''. ( Such study shall include an analysis of strategies for increasing the number of health professionals from rural, lower income, and underrepresented minority communities, including which strategies are most effective for achieving such goal. (

To amend title XVIII of the Social Security Act to provide for the distribution of additional residency positions, and for other purposes. ``(II) Number available.--In each of such rounds, the aggregate number of positions available for distribution in the fiscal year as a result of an increase in the otherwise applicable resident limit (as described in clause (i)) shall be distributed, plus any additional positions available under clause (iii). ``(ii) Increase in number of additional positions a hospital may receive.--The Secretary shall increase the aggregate number of full-time equivalent additional residency positions a hospital may receive under this paragraph over such period if the Secretary estimates that the number of positions available for distribution under subparagraph (A) exceeds the number of applications approved under such subparagraph over such period. ``(G) Definitions.--In this paragraph: ``(i) Otherwise applicable resident limit.--The term `otherwise applicable resident limit' means, with respect to a hospital, the limit otherwise applicable under subparagraphs (F)(i) and (H) of paragraph (4) on the resident level for the hospital determined without regard to this paragraph but taking into account paragraphs (7)(A), (7)(B), (8)(A), and (8)(B).

To amend title XVIII of the Social Security Act to provide for the distribution of additional residency positions, and for other purposes. ``(III) Timing.--The Secretary shall notify hospitals of the number of positions distributed to the hospital under this paragraph as result of an increase in the otherwise applicable resident limit by January 31 of the fiscal year of the increase. ``(II) Exception if positions not distributed by end of fiscal year 2029.--If the aggregate number of positions distributed under this paragraph during the 7-year period of fiscal years 2023 through 2029 is less than 14,000, the Secretary shall, in accordance with the considerations described in subparagraph (B)(i) and the priority described in subparagraph (B)(ii), conduct an application and distribution process in each subsequent fiscal year until such time as the aggregate amount of positions distributed under this paragraph is equal to 14,000. ``(IV) Hospitals that serve areas designated as health professional shortage areas under section 332(a)(1)(A) of the Public Health Service Act, as determined by the Secretary. ``(ii) Increase in number of additional positions a hospital may receive.--The Secretary shall increase the aggregate number of full-time equivalent additional residency positions a hospital may receive under this paragraph over such period if the Secretary estimates that the number of positions available for distribution under subparagraph (A) exceeds the number of applications approved under such subparagraph over such period. ``(G) Definitions.--In this paragraph: ``(i) Otherwise applicable resident limit.--The term `otherwise applicable resident limit' means, with respect to a hospital, the limit otherwise applicable under subparagraphs (F)(i) and (H) of paragraph (4) on the resident level for the hospital determined without regard to this paragraph but taking into account paragraphs (7)(A), (7)(B), (8)(A), and (8)(B). b) IME.-- (1) In general.--Section 1886(d)(5)(B)(v) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(B)(v)), in the third sentence, is amended by striking ``and (h)(9)''and inserting ``(h)(9), and (h)(10)''. ( Such study shall include an analysis of strategies for increasing the number of health professionals from rural, lower income, and underrepresented minority communities, including which strategies are most effective for achieving such goal. (

To amend title XVIII of the Social Security Act to provide for the distribution of additional residency positions, and for other purposes. ``(II) Number available.--In each of such rounds, the aggregate number of positions available for distribution in the fiscal year as a result of an increase in the otherwise applicable resident limit (as described in clause (i)) shall be distributed, plus any additional positions available under clause (iii). ``(ii) Increase in number of additional positions a hospital may receive.--The Secretary shall increase the aggregate number of full-time equivalent additional residency positions a hospital may receive under this paragraph over such period if the Secretary estimates that the number of positions available for distribution under subparagraph (A) exceeds the number of applications approved under such subparagraph over such period. ``(G) Definitions.--In this paragraph: ``(i) Otherwise applicable resident limit.--The term `otherwise applicable resident limit' means, with respect to a hospital, the limit otherwise applicable under subparagraphs (F)(i) and (H) of paragraph (4) on the resident level for the hospital determined without regard to this paragraph but taking into account paragraphs (7)(A), (7)(B), (8)(A), and (8)(B).

To amend title XVIII of the Social Security Act to provide for the distribution of additional residency positions, and for other purposes. ``(II) Exception if positions not distributed by end of fiscal year 2029.--If the aggregate number of positions distributed under this paragraph during the 7-year period of fiscal years 2023 through 2029 is less than 14,000, the Secretary shall, in accordance with the considerations described in subparagraph (B)(i) and the priority described in subparagraph (B)(ii), conduct an application and distribution process in each subsequent fiscal year until such time as the aggregate amount of positions distributed under this paragraph is equal to 14,000. ``(G) Definitions.--In this paragraph: ``(i) Otherwise applicable resident limit.--The term `otherwise applicable resident limit' means, with respect to a hospital, the limit otherwise applicable under subparagraphs (F)(i) and (H) of paragraph (4) on the resident level for the hospital determined without regard to this paragraph but taking into account paragraphs (7)(A), (7)(B), (8)(A), and (8)(B). b) IME.-- (1) In general.--Section 1886(d)(5)(B)(v) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(B)(v)), in the third sentence, is amended by striking ``and (h)(9)''and inserting ``(h)(9), and (h)(10)''. (

Resident Physician Shortage Reduction Act of 2021 - Amends title XVIII (Medicare) of the Social Security Act to require the Secretary of Health and Human Services (HHS) to increase the resident limit for each qualifying hospital that submits a timely application for an increase in the residency limit by such number as the Secretary may approve for portions of cost reporting periods occurring on Amends title XVIII (Medicare) of the Social Security Act to require the Comptroller General to study and report to Congress on strategies for increasing the diversity of the health professional workforce. (Currently, such study is conducted by the Secretary of Health and Human Services.) (Sec. 3) Requires the Secretary to increase the aggregate number of full-time equivalent additional residency positions a hospital

H.R.2287

Transportation and Public Works

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

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

Freedom to Move Act

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

Freedom to Move Act

Rep. Pressley, Ayanna

D

MA

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

To direct the Secretary of Transportation to carry out a grant program to support efforts to provide fare-free transit service, and for other purposes. This Act may be cited as the ``Freedom to Move Act''. 2. PURPOSE. 3. Removing economic barriers to safe, reliable, and affordable public transit, can help to increase social and economic mobility by increasing access to education, training, and employment. (3) Individuals with disabilities are twice as likely as those without disabilities to have inadequate access to safe, affordable, and reliable transportation. Additionally, the percentage of 13 to 34-year-olds without a driver's license continues to grow. Taken together, these trends show the unprecedented urgency of investing in and improving our public transit systems. Increasing public transit ridership and moving more people to and from critical services with fewer vehicles on the road can reduce greenhouse gas emissions. SEC. 4. GRANTS TO SUPPORT FARE-FREE TRANSIT. (2) A description of how the entity will work to expand and improve bus service, which may include-- (A) a bus network redesign; (B) how such redesign will prioritize consistent and reliable service for low-income and historically underserved communities; (C) how such redesign will prioritize connectivity to critical services and improve community livability; and (D) how the eligible entity will meaningfully consult with community, community leaders, local stakeholders and advocates, including transit advocates and disability advocates, local education agencies and institutions of higher education, community developers, labor unions, public housing agencies and workforce development boards, while facilitating such redesign. (6) An estimate of additional costs as a result of increased ridership, including-- (A) fuel; (B) personnel; (C) maintenance; and (D) other operational costs. (7) Information and statistics on assaults on transit employees and a description of trainings and policies to protect employees, which may include de-escalation training. (c) Duration.--Grants awarded under this section shall be for a 5- year period. (f) Definitions.--In this section: (1) Eligible entities.--In this section, the term ``eligible entity'' means-- (A) a State, county, local municipality; (B) a transit agency; (C) a private nonprofit organization engaged in public transportation in rural areas; or (D) a partnership between entities described in subparagraphs (A) through (D). (2) Underserved community.--The term ``underserved community'' means-- (A) a community not served by existing bus routes or infrequent service; and (B) a community located in an area within a census tract that is identified as-- (i) a low-income community; and (ii) a community of color. (4) Foster care youth.--The term ``foster care youth''-- (A) means children and youth whose care and placement are the responsibility of the State or Tribal agency that administers a State or Tribal plan under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq. (h) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $5,000,000,000 for each of fiscal years 2022 through 2026.

This Act may be cited as the ``Freedom to Move Act''. 2. PURPOSE. 3. (3) Individuals with disabilities are twice as likely as those without disabilities to have inadequate access to safe, affordable, and reliable transportation. Increasing public transit ridership and moving more people to and from critical services with fewer vehicles on the road can reduce greenhouse gas emissions. SEC. 4. GRANTS TO SUPPORT FARE-FREE TRANSIT. (6) An estimate of additional costs as a result of increased ridership, including-- (A) fuel; (B) personnel; (C) maintenance; and (D) other operational costs. (7) Information and statistics on assaults on transit employees and a description of trainings and policies to protect employees, which may include de-escalation training. (c) Duration.--Grants awarded under this section shall be for a 5- year period. (f) Definitions.--In this section: (1) Eligible entities.--In this section, the term ``eligible entity'' means-- (A) a State, county, local municipality; (B) a transit agency; (C) a private nonprofit organization engaged in public transportation in rural areas; or (D) a partnership between entities described in subparagraphs (A) through (D). (2) Underserved community.--The term ``underserved community'' means-- (A) a community not served by existing bus routes or infrequent service; and (B) a community located in an area within a census tract that is identified as-- (i) a low-income community; and (ii) a community of color. (4) Foster care youth.--The term ``foster care youth''-- (A) means children and youth whose care and placement are the responsibility of the State or Tribal agency that administers a State or Tribal plan under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq.

To direct the Secretary of Transportation to carry out a grant program to support efforts to provide fare-free transit service, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. This Act may be cited as the ``Freedom to Move Act''. 2. PURPOSE. 3. FINDINGS. Removing economic barriers to safe, reliable, and affordable public transit, can help to increase social and economic mobility by increasing access to education, training, and employment. (3) Individuals with disabilities are twice as likely as those without disabilities to have inadequate access to safe, affordable, and reliable transportation. Reports have found that of the nearly 2 million people with disabilities who are unable to leave their homes, nearly 30 percent is due to lack of adequate transportation. Additionally, the percentage of 13 to 34-year-olds without a driver's license continues to grow. Taken together, these trends show the unprecedented urgency of investing in and improving our public transit systems. Public transportation, however, produces significantly lower greenhouse gas emissions per passenger mile than by private vehicles. Increasing public transit ridership and moving more people to and from critical services with fewer vehicles on the road can reduce greenhouse gas emissions. SEC. 4. GRANTS TO SUPPORT FARE-FREE TRANSIT. (2) A description of how the entity will work to expand and improve bus service, which may include-- (A) a bus network redesign; (B) how such redesign will prioritize consistent and reliable service for low-income and historically underserved communities; (C) how such redesign will prioritize connectivity to critical services and improve community livability; and (D) how the eligible entity will meaningfully consult with community, community leaders, local stakeholders and advocates, including transit advocates and disability advocates, local education agencies and institutions of higher education, community developers, labor unions, public housing agencies and workforce development boards, while facilitating such redesign. (5) A description of the eligible entity's current fare evasion enforcement policies, including-- (A) the cost of the fine and whether the infraction is considered a civil offense or a criminal offense punishable by imprisonment; (B) the number of individuals charged with violating a fare evasion policy, disaggregated by age, race, gender, and disability status; and (C) how the eligible entity plans to eliminate fare evasion policies and end the criminalization of individuals evading fares. (6) An estimate of additional costs as a result of increased ridership, including-- (A) fuel; (B) personnel; (C) maintenance; and (D) other operational costs. (7) Information and statistics on assaults on transit employees and a description of trainings and policies to protect employees, which may include de-escalation training. (c) Duration.--Grants awarded under this section shall be for a 5- year period. (f) Definitions.--In this section: (1) Eligible entities.--In this section, the term ``eligible entity'' means-- (A) a State, county, local municipality; (B) a transit agency; (C) a private nonprofit organization engaged in public transportation in rural areas; or (D) a partnership between entities described in subparagraphs (A) through (D). (2) Underserved community.--The term ``underserved community'' means-- (A) a community not served by existing bus routes or infrequent service; and (B) a community located in an area within a census tract that is identified as-- (i) a low-income community; and (ii) a community of color. 9902(2)), including any revision required by that section) for a family of the size involved. (4) Foster care youth.--The term ``foster care youth''-- (A) means children and youth whose care and placement are the responsibility of the State or Tribal agency that administers a State or Tribal plan under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq. (g) Report.-- (1) In general.--Not later than 3 years after the date on which funds are made available to carry out this section, the Secretary shall collect data from eligible entities receiving a grant under this section on the progress of meeting the targets described in the application of such entity. (h) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $5,000,000,000 for each of fiscal years 2022 through 2026.

To direct the Secretary of Transportation to carry out a grant program to support efforts to provide fare-free transit service, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Freedom to Move Act''. 2. PURPOSE. 3. FINDINGS. Removing economic barriers to safe, reliable, and affordable public transit, can help to increase social and economic mobility by increasing access to education, training, and employment. (3) Individuals with disabilities are twice as likely as those without disabilities to have inadequate access to safe, affordable, and reliable transportation. Reports have found that of the nearly 2 million people with disabilities who are unable to leave their homes, nearly 30 percent is due to lack of adequate transportation. Additionally, the percentage of 13 to 34-year-olds without a driver's license continues to grow. Taken together, these trends show the unprecedented urgency of investing in and improving our public transit systems. Public transportation, however, produces significantly lower greenhouse gas emissions per passenger mile than by private vehicles. Increasing public transit ridership and moving more people to and from critical services with fewer vehicles on the road can reduce greenhouse gas emissions. SEC. 4. GRANTS TO SUPPORT FARE-FREE TRANSIT. (a) In General.--Not later than 360 days after the date of enactment of this Act, the Secretary shall award grants (which shall be known as ``Freedom to Move Grants'') to eligible entities, on a competitive basis, to cover the lost fare revenue for fare-free public transportation and improve public transportation. (2) A description of how the entity will work to expand and improve bus service, which may include-- (A) a bus network redesign; (B) how such redesign will prioritize consistent and reliable service for low-income and historically underserved communities; (C) how such redesign will prioritize connectivity to critical services and improve community livability; and (D) how the eligible entity will meaningfully consult with community, community leaders, local stakeholders and advocates, including transit advocates and disability advocates, local education agencies and institutions of higher education, community developers, labor unions, public housing agencies and workforce development boards, while facilitating such redesign. (4) A description of the eligible entity's equity evaluation examining any transit and mobility gaps within the current transit system and how the eligible entity plans to significantly improve these gaps, including-- (A) the average commute times for driver commuters and non-driver commuters; (B) public transit ridership rates disaggregated by mode of transportation and demographic group (youth (including youth involved in the foster care system), seniors, individuals with disabilities, and low-income status); and (C) average length of bus routes and average delay times. (5) A description of the eligible entity's current fare evasion enforcement policies, including-- (A) the cost of the fine and whether the infraction is considered a civil offense or a criminal offense punishable by imprisonment; (B) the number of individuals charged with violating a fare evasion policy, disaggregated by age, race, gender, and disability status; and (C) how the eligible entity plans to eliminate fare evasion policies and end the criminalization of individuals evading fares. (6) An estimate of additional costs as a result of increased ridership, including-- (A) fuel; (B) personnel; (C) maintenance; and (D) other operational costs. (7) Information and statistics on assaults on transit employees and a description of trainings and policies to protect employees, which may include de-escalation training. (c) Duration.--Grants awarded under this section shall be for a 5- year period. (f) Definitions.--In this section: (1) Eligible entities.--In this section, the term ``eligible entity'' means-- (A) a State, county, local municipality; (B) a transit agency; (C) a private nonprofit organization engaged in public transportation in rural areas; or (D) a partnership between entities described in subparagraphs (A) through (D). (2) Underserved community.--The term ``underserved community'' means-- (A) a community not served by existing bus routes or infrequent service; and (B) a community located in an area within a census tract that is identified as-- (i) a low-income community; and (ii) a community of color. 9902(2)), including any revision required by that section) for a family of the size involved. (4) Foster care youth.--The term ``foster care youth''-- (A) means children and youth whose care and placement are the responsibility of the State or Tribal agency that administers a State or Tribal plan under part B or E of title IV of the Social Security Act (42 U.S.C. and 670 et seq. 621 et seq. and who are no longer under the care and responsibility of such a State or Tribal agency, without regard to any such individual's subsequent adoption, guardianship arrangement, or other form of permanency outcome. (5) Public transportation.--The term ``public transportation''-- (A) means regular, continuing shared-ride surface transportation services that are open to the general public or open to a segment of the general public defined by age, disability, or low income; and (B) does not include-- (i) intercity passenger rail transportation provided by the entity described in chapter 243 of title 49, United States Code, (or a successor to such entity); (ii) intercity bus service; (iii) charter bus service; (iv) school bus service; (v) sightseeing service; (vi) courtesy shuttle service for patrons of one or more specific establishments; or (vii) intra-terminal or intra-facility shuttle services. (g) Report.-- (1) In general.--Not later than 3 years after the date on which funds are made available to carry out this section, the Secretary shall collect data from eligible entities receiving a grant under this section on the progress of meeting the targets described in the application of such entity. (h) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $5,000,000,000 for each of fiscal years 2022 through 2026.

To direct the Secretary of Transportation to carry out a grant program to support efforts to provide fare-free transit service, and for other purposes. The purposes of this Act are-- (1) to invest in State, county, and local municipalities efforts to provide fare-free public transportation; and (2) to support State, county, and local municipalities in improving and expanding access to safe, accessible, and reliable mass transit systems in order to improve the livability of communities. Reports have found that of the nearly 2 million people with disabilities who are unable to leave their homes, nearly 30 percent is due to lack of adequate transportation. ( 5) According to the Department of Transportation, transportation accounts for 29 percent of greenhouse gas emissions in the United States. (b) Application.--To be eligible to receive a grant under this section, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including, at a minimum, the following: (1) A description of how the eligible entity plans to implement fare free transit access. ( 3) A description of how the eligible entity will meaningfully partner and collaborate with community, community leaders, local stakeholders and advocates, including transit advocates and disability advocates, local education agencies and institutions of higher education, community developers, labor unions, public housing agencies and workforce development boards to support outreach efforts to increase awareness of fare-free bus and transit programs. (4) A description of the eligible entity's equity evaluation examining any transit and mobility gaps within the current transit system and how the eligible entity plans to significantly improve these gaps, including-- (A) the average commute times for driver commuters and non-driver commuters; (B) public transit ridership rates disaggregated by mode of transportation and demographic group (youth (including youth involved in the foster care system), seniors, individuals with disabilities, and low-income status); and (C) average length of bus routes and average delay times. ( 6) An estimate of additional costs as a result of increased ridership, including-- (A) fuel; (B) personnel; (C) maintenance; and (D) other operational costs. ( (d) Selection of Eligible Entities.--In carrying out the program under this section, the Secretary shall award grants to eligible entities located in both rural and urbanized areas. ( 2) Underserved community.--The term ``underserved community'' means-- (A) a community not served by existing bus routes or infrequent service; and (B) a community located in an area within a census tract that is identified as-- (i) a low-income community; and (ii) a community of color. (3) Low-income individuals.--The term ``low-income individuals'' means an individual whose family income is at or below 150 percent of the poverty line (as that term is defined in section 673(2) of the Community Service Block Grant Act (42 U.S.C. 9902(2)), including any revision required by that section) for a family of the size involved. ( without regard to whether foster care maintenance payments are made under section 472 of such Act (42 U.S.C. 672) on behalf of such children and youth; and (B) includes individuals who were age 13 or older when their care and placement were the responsibility of a State or Tribal agency that administered a State or Tribal plan under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq. g) Report.-- (1) In general.--Not later than 3 years after the date on which funds are made available to carry out this section, the Secretary shall collect data from eligible entities receiving a grant under this section on the progress of meeting the targets described in the application of such entity. ( h) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $5,000,000,000 for each of fiscal years 2022 through 2026.

To direct the Secretary of Transportation to carry out a grant program to support efforts to provide fare-free transit service, and for other purposes. 2) The cost of transit fares can act as a challenging economic barrier for low-income individuals and families who are most likely to rely on public transportation to access critical services and must spend larger parts of their household budget on transportation services. 3) Individuals with disabilities are twice as likely as those without disabilities to have inadequate access to safe, affordable, and reliable transportation. Increasing public transit ridership and moving more people to and from critical services with fewer vehicles on the road can reduce greenhouse gas emissions. ( a) In General.--Not later than 360 days after the date of enactment of this Act, the Secretary shall award grants (which shall be known as ``Freedom to Move Grants'') to eligible entities, on a competitive basis, to cover the lost fare revenue for fare-free public transportation and improve public transportation. ( (4) A description of the eligible entity's equity evaluation examining any transit and mobility gaps within the current transit system and how the eligible entity plans to significantly improve these gaps, including-- (A) the average commute times for driver commuters and non-driver commuters; (B) public transit ridership rates disaggregated by mode of transportation and demographic group (youth (including youth involved in the foster care system), seniors, individuals with disabilities, and low-income status); and (C) average length of bus routes and average delay times. ( 6) An estimate of additional costs as a result of increased ridership, including-- (A) fuel; (B) personnel; (C) maintenance; and (D) other operational costs. ( (f) Definitions.--In this section: (1) Eligible entities.--In this section, the term ``eligible entity'' means-- (A) a State, county, local municipality; (B) a transit agency; (C) a private nonprofit organization engaged in public transportation in rural areas; or (D) a partnership between entities described in subparagraphs (A) through (D). ( 4) Foster care youth.--The term ``foster care youth''-- (A) means children and youth whose care and placement are the responsibility of the State or Tribal agency that administers a State or Tribal plan under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq. g) Report.-- (1) In general.--Not later than 3 years after the date on which funds are made available to carry out this section, the Secretary shall collect data from eligible entities receiving a grant under this section on the progress of meeting the targets described in the application of such entity. ( h) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $5,000,000,000 for each of fiscal years 2022 through 2026.

To direct the Secretary of Transportation to carry out a grant program to support efforts to provide fare-free transit service, and for other purposes. 2) The cost of transit fares can act as a challenging economic barrier for low-income individuals and families who are most likely to rely on public transportation to access critical services and must spend larger parts of their household budget on transportation services. 3) Individuals with disabilities are twice as likely as those without disabilities to have inadequate access to safe, affordable, and reliable transportation. Increasing public transit ridership and moving more people to and from critical services with fewer vehicles on the road can reduce greenhouse gas emissions. ( a) In General.--Not later than 360 days after the date of enactment of this Act, the Secretary shall award grants (which shall be known as ``Freedom to Move Grants'') to eligible entities, on a competitive basis, to cover the lost fare revenue for fare-free public transportation and improve public transportation. ( (4) A description of the eligible entity's equity evaluation examining any transit and mobility gaps within the current transit system and how the eligible entity plans to significantly improve these gaps, including-- (A) the average commute times for driver commuters and non-driver commuters; (B) public transit ridership rates disaggregated by mode of transportation and demographic group (youth (including youth involved in the foster care system), seniors, individuals with disabilities, and low-income status); and (C) average length of bus routes and average delay times. ( 6) An estimate of additional costs as a result of increased ridership, including-- (A) fuel; (B) personnel; (C) maintenance; and (D) other operational costs. ( (f) Definitions.--In this section: (1) Eligible entities.--In this section, the term ``eligible entity'' means-- (A) a State, county, local municipality; (B) a transit agency; (C) a private nonprofit organization engaged in public transportation in rural areas; or (D) a partnership between entities described in subparagraphs (A) through (D). ( 4) Foster care youth.--The term ``foster care youth''-- (A) means children and youth whose care and placement are the responsibility of the State or Tribal agency that administers a State or Tribal plan under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq. g) Report.-- (1) In general.--Not later than 3 years after the date on which funds are made available to carry out this section, the Secretary shall collect data from eligible entities receiving a grant under this section on the progress of meeting the targets described in the application of such entity. ( h) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $5,000,000,000 for each of fiscal years 2022 through 2026.

To direct the Secretary of Transportation to carry out a grant program to support efforts to provide fare-free transit service, and for other purposes. The purposes of this Act are-- (1) to invest in State, county, and local municipalities efforts to provide fare-free public transportation; and (2) to support State, county, and local municipalities in improving and expanding access to safe, accessible, and reliable mass transit systems in order to improve the livability of communities. Reports have found that of the nearly 2 million people with disabilities who are unable to leave their homes, nearly 30 percent is due to lack of adequate transportation. ( 5) According to the Department of Transportation, transportation accounts for 29 percent of greenhouse gas emissions in the United States. (b) Application.--To be eligible to receive a grant under this section, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including, at a minimum, the following: (1) A description of how the eligible entity plans to implement fare free transit access. ( 3) A description of how the eligible entity will meaningfully partner and collaborate with community, community leaders, local stakeholders and advocates, including transit advocates and disability advocates, local education agencies and institutions of higher education, community developers, labor unions, public housing agencies and workforce development boards to support outreach efforts to increase awareness of fare-free bus and transit programs. (4) A description of the eligible entity's equity evaluation examining any transit and mobility gaps within the current transit system and how the eligible entity plans to significantly improve these gaps, including-- (A) the average commute times for driver commuters and non-driver commuters; (B) public transit ridership rates disaggregated by mode of transportation and demographic group (youth (including youth involved in the foster care system), seniors, individuals with disabilities, and low-income status); and (C) average length of bus routes and average delay times. ( 6) An estimate of additional costs as a result of increased ridership, including-- (A) fuel; (B) personnel; (C) maintenance; and (D) other operational costs. ( (d) Selection of Eligible Entities.--In carrying out the program under this section, the Secretary shall award grants to eligible entities located in both rural and urbanized areas. ( 2) Underserved community.--The term ``underserved community'' means-- (A) a community not served by existing bus routes or infrequent service; and (B) a community located in an area within a census tract that is identified as-- (i) a low-income community; and (ii) a community of color. (3) Low-income individuals.--The term ``low-income individuals'' means an individual whose family income is at or below 150 percent of the poverty line (as that term is defined in section 673(2) of the Community Service Block Grant Act (42 U.S.C. 9902(2)), including any revision required by that section) for a family of the size involved. ( without regard to whether foster care maintenance payments are made under section 472 of such Act (42 U.S.C. 672) on behalf of such children and youth; and (B) includes individuals who were age 13 or older when their care and placement were the responsibility of a State or Tribal agency that administered a State or Tribal plan under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq. g) Report.-- (1) In general.--Not later than 3 years after the date on which funds are made available to carry out this section, the Secretary shall collect data from eligible entities receiving a grant under this section on the progress of meeting the targets described in the application of such entity. ( h) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $5,000,000,000 for each of fiscal years 2022 through 2026.

To direct the Secretary of Transportation to carry out a grant program to support efforts to provide fare-free transit service, and for other purposes. 2) The cost of transit fares can act as a challenging economic barrier for low-income individuals and families who are most likely to rely on public transportation to access critical services and must spend larger parts of their household budget on transportation services. 3) Individuals with disabilities are twice as likely as those without disabilities to have inadequate access to safe, affordable, and reliable transportation. Increasing public transit ridership and moving more people to and from critical services with fewer vehicles on the road can reduce greenhouse gas emissions. ( a) In General.--Not later than 360 days after the date of enactment of this Act, the Secretary shall award grants (which shall be known as ``Freedom to Move Grants'') to eligible entities, on a competitive basis, to cover the lost fare revenue for fare-free public transportation and improve public transportation. ( (4) A description of the eligible entity's equity evaluation examining any transit and mobility gaps within the current transit system and how the eligible entity plans to significantly improve these gaps, including-- (A) the average commute times for driver commuters and non-driver commuters; (B) public transit ridership rates disaggregated by mode of transportation and demographic group (youth (including youth involved in the foster care system), seniors, individuals with disabilities, and low-income status); and (C) average length of bus routes and average delay times. ( 6) An estimate of additional costs as a result of increased ridership, including-- (A) fuel; (B) personnel; (C) maintenance; and (D) other operational costs. ( (f) Definitions.--In this section: (1) Eligible entities.--In this section, the term ``eligible entity'' means-- (A) a State, county, local municipality; (B) a transit agency; (C) a private nonprofit organization engaged in public transportation in rural areas; or (D) a partnership between entities described in subparagraphs (A) through (D). ( 4) Foster care youth.--The term ``foster care youth''-- (A) means children and youth whose care and placement are the responsibility of the State or Tribal agency that administers a State or Tribal plan under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq. g) Report.-- (1) In general.--Not later than 3 years after the date on which funds are made available to carry out this section, the Secretary shall collect data from eligible entities receiving a grant under this section on the progress of meeting the targets described in the application of such entity. ( h) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $5,000,000,000 for each of fiscal years 2022 through 2026.

To direct the Secretary of Transportation to carry out a grant program to support efforts to provide fare-free transit service, and for other purposes. The purposes of this Act are-- (1) to invest in State, county, and local municipalities efforts to provide fare-free public transportation; and (2) to support State, county, and local municipalities in improving and expanding access to safe, accessible, and reliable mass transit systems in order to improve the livability of communities. Reports have found that of the nearly 2 million people with disabilities who are unable to leave their homes, nearly 30 percent is due to lack of adequate transportation. ( 5) According to the Department of Transportation, transportation accounts for 29 percent of greenhouse gas emissions in the United States. (b) Application.--To be eligible to receive a grant under this section, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including, at a minimum, the following: (1) A description of how the eligible entity plans to implement fare free transit access. ( 3) A description of how the eligible entity will meaningfully partner and collaborate with community, community leaders, local stakeholders and advocates, including transit advocates and disability advocates, local education agencies and institutions of higher education, community developers, labor unions, public housing agencies and workforce development boards to support outreach efforts to increase awareness of fare-free bus and transit programs. (4) A description of the eligible entity's equity evaluation examining any transit and mobility gaps within the current transit system and how the eligible entity plans to significantly improve these gaps, including-- (A) the average commute times for driver commuters and non-driver commuters; (B) public transit ridership rates disaggregated by mode of transportation and demographic group (youth (including youth involved in the foster care system), seniors, individuals with disabilities, and low-income status); and (C) average length of bus routes and average delay times. ( 6) An estimate of additional costs as a result of increased ridership, including-- (A) fuel; (B) personnel; (C) maintenance; and (D) other operational costs. ( (d) Selection of Eligible Entities.--In carrying out the program under this section, the Secretary shall award grants to eligible entities located in both rural and urbanized areas. ( 2) Underserved community.--The term ``underserved community'' means-- (A) a community not served by existing bus routes or infrequent service; and (B) a community located in an area within a census tract that is identified as-- (i) a low-income community; and (ii) a community of color. (3) Low-income individuals.--The term ``low-income individuals'' means an individual whose family income is at or below 150 percent of the poverty line (as that term is defined in section 673(2) of the Community Service Block Grant Act (42 U.S.C. 9902(2)), including any revision required by that section) for a family of the size involved. ( without regard to whether foster care maintenance payments are made under section 472 of such Act (42 U.S.C. 672) on behalf of such children and youth; and (B) includes individuals who were age 13 or older when their care and placement were the responsibility of a State or Tribal agency that administered a State or Tribal plan under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq. g) Report.-- (1) In general.--Not later than 3 years after the date on which funds are made available to carry out this section, the Secretary shall collect data from eligible entities receiving a grant under this section on the progress of meeting the targets described in the application of such entity. ( h) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $5,000,000,000 for each of fiscal years 2022 through 2026.

To direct the Secretary of Transportation to carry out a grant program to support efforts to provide fare-free transit service, and for other purposes. 2) The cost of transit fares can act as a challenging economic barrier for low-income individuals and families who are most likely to rely on public transportation to access critical services and must spend larger parts of their household budget on transportation services. 3) Individuals with disabilities are twice as likely as those without disabilities to have inadequate access to safe, affordable, and reliable transportation. Increasing public transit ridership and moving more people to and from critical services with fewer vehicles on the road can reduce greenhouse gas emissions. ( a) In General.--Not later than 360 days after the date of enactment of this Act, the Secretary shall award grants (which shall be known as ``Freedom to Move Grants'') to eligible entities, on a competitive basis, to cover the lost fare revenue for fare-free public transportation and improve public transportation. ( (4) A description of the eligible entity's equity evaluation examining any transit and mobility gaps within the current transit system and how the eligible entity plans to significantly improve these gaps, including-- (A) the average commute times for driver commuters and non-driver commuters; (B) public transit ridership rates disaggregated by mode of transportation and demographic group (youth (including youth involved in the foster care system), seniors, individuals with disabilities, and low-income status); and (C) average length of bus routes and average delay times. ( 6) An estimate of additional costs as a result of increased ridership, including-- (A) fuel; (B) personnel; (C) maintenance; and (D) other operational costs. ( (f) Definitions.--In this section: (1) Eligible entities.--In this section, the term ``eligible entity'' means-- (A) a State, county, local municipality; (B) a transit agency; (C) a private nonprofit organization engaged in public transportation in rural areas; or (D) a partnership between entities described in subparagraphs (A) through (D). ( 4) Foster care youth.--The term ``foster care youth''-- (A) means children and youth whose care and placement are the responsibility of the State or Tribal agency that administers a State or Tribal plan under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq. g) Report.-- (1) In general.--Not later than 3 years after the date on which funds are made available to carry out this section, the Secretary shall collect data from eligible entities receiving a grant under this section on the progress of meeting the targets described in the application of such entity. ( h) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $5,000,000,000 for each of fiscal years 2022 through 2026.

To direct the Secretary of Transportation to carry out a grant program to support efforts to provide fare-free transit service, and for other purposes. b) Application.--To be eligible to receive a grant under this section, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including, at a minimum, the following: (1) A description of how the eligible entity plans to implement fare free transit access. ( (4) A description of the eligible entity's equity evaluation examining any transit and mobility gaps within the current transit system and how the eligible entity plans to significantly improve these gaps, including-- (A) the average commute times for driver commuters and non-driver commuters; (B) public transit ridership rates disaggregated by mode of transportation and demographic group (youth (including youth involved in the foster care system), seniors, individuals with disabilities, and low-income status); and (C) average length of bus routes and average delay times. ( 2) Underserved community.--The term ``underserved community'' means-- (A) a community not served by existing bus routes or infrequent service; and (B) a community located in an area within a census tract that is identified as-- (i) a low-income community; and (ii) a community of color. ( ( without regard to whether foster care maintenance payments are made under section 472 of such Act (42 U.S.C. 672) on behalf of such children and youth; and (B) includes individuals who were age 13 or older when their care and placement were the responsibility of a State or Tribal agency that administered a State or Tribal plan under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq. g) Report.-- (1) In general.--Not later than 3 years after the date on which funds are made available to carry out this section, the Secretary shall collect data from eligible entities receiving a grant under this section on the progress of meeting the targets described in the application of such entity. (

To direct the Secretary of Transportation to carry out a grant program to support efforts to provide fare-free transit service, and for other purposes. 4) A description of the eligible entity's equity evaluation examining any transit and mobility gaps within the current transit system and how the eligible entity plans to significantly improve these gaps, including-- (A) the average commute times for driver commuters and non-driver commuters; (B) public transit ridership rates disaggregated by mode of transportation and demographic group (youth (including youth involved in the foster care system), seniors, individuals with disabilities, and low-income status); and (C) average length of bus routes and average delay times. ( ( 4) Foster care youth.--The term ``foster care youth''-- (A) means children and youth whose care and placement are the responsibility of the State or Tribal agency that administers a State or Tribal plan under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq. g) Report.-- (1) In general.--Not later than 3 years after the date on which funds are made available to carry out this section, the Secretary shall collect data from eligible entities receiving a grant under this section on the progress of meeting the targets described in the application of such entity. (

To direct the Secretary of Transportation to carry out a grant program to support efforts to provide fare-free transit service, and for other purposes. b) Application.--To be eligible to receive a grant under this section, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including, at a minimum, the following: (1) A description of how the eligible entity plans to implement fare free transit access. ( (4) A description of the eligible entity's equity evaluation examining any transit and mobility gaps within the current transit system and how the eligible entity plans to significantly improve these gaps, including-- (A) the average commute times for driver commuters and non-driver commuters; (B) public transit ridership rates disaggregated by mode of transportation and demographic group (youth (including youth involved in the foster care system), seniors, individuals with disabilities, and low-income status); and (C) average length of bus routes and average delay times. ( 2) Underserved community.--The term ``underserved community'' means-- (A) a community not served by existing bus routes or infrequent service; and (B) a community located in an area within a census tract that is identified as-- (i) a low-income community; and (ii) a community of color. ( ( without regard to whether foster care maintenance payments are made under section 472 of such Act (42 U.S.C. 672) on behalf of such children and youth; and (B) includes individuals who were age 13 or older when their care and placement were the responsibility of a State or Tribal agency that administered a State or Tribal plan under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq. g) Report.-- (1) In general.--Not later than 3 years after the date on which funds are made available to carry out this section, the Secretary shall collect data from eligible entities receiving a grant under this section on the progress of meeting the targets described in the application of such entity. (

Freedom to Move Act - Directs the Secretary of Transportation to award competitive grants to State, local, and tribal governments to cover the lost fare revenue for fare-free public transportation and improve public transportation. Requires the Secretary to award grants to eligible entities to expand and improve bus service, including a bus network redesign, to prioritize consistent and reliable service for low-income and historically unders Directs the Secretary of Transportation (DOT) to collect data from eligible entities receiving a grant under this Act on the progress of meeting the grant targets. (Sec. 3) Authorizes appropriations through FY 2022 for FY 2022 to carry out this Act, including: (1) implementing a fare-free transit program; and (2) efforts to improve public transportation, particularly in unders

S.5268

Health

NIH Clinical Trial Diversity Act of 2022 This bill sets out requirements to increase the diversity of clinical trial participants. The bill also requires other activities to foster participation in clinical trials. As a condition of funding from the National Institutes of Health (NIH) for a clinical trial investigating a drug or device, a sponsor's application must include certain information related to diversity in its trial, such as goals for recruiting and retaining trial participants and plans for achieving the recruitment and retention goals and implementing less-burdensome clinical trial follow-up requirements. A sponsor must also annually share demographic data of clinical trial participants with the NIH. Further, the NIH and the Food and Drug Administration must carry out a national campaign to increase awareness about the need for diverse clinical trials.

To direct the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health, to take certain steps to increase clinical trial diversity, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``NIH Clinical Trial Diversity Act of 2022''. SEC. 2. DIVERSITY GOALS FOR NIH FUNDED CLINICAL TRIALS. (a) Applications.--Beginning on the date of the enactment of this Act, the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health (in this section referred to as the ``Secretary''), shall require that a NIH-funded research organization or entity seeking to conduct a clinical trial investigating a drug or device (as those terms are defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321 et seq.)) or biological product (as defined in section 351(i) of the Public Health Service Act (42 U.S.C. 262(i))) that is funded by the National Institutes of Health, submit an application (or renewal thereof) for such funding that includes-- (1) clear and measurable goals for the recruitment and retention of participants that reflect-- (A) the race, ethnicity, age, and sex of patients with the disease or condition being investigated; or (B) as scientifically or ethically justified and appropriate, the race, ethnicity, age, and sex of the general population of the United States if the prevalence of the disease or condition is not known; (2) a rationale for the goals specified under paragraph (1) that specifies-- (A) how investigators will determine the number of participants for each population category that reflect the population groups specified in paragraph (1); or (B) strategies that will be used to enroll and retain participants across the different race, ethnicity, age, and sex categories; (3) a detailed plan for how the clinical trial will achieve the goals specified under paragraph (1) that specifies-- (A) the requirements for researchers, in conducting the trial, to analyze the population groups specified in paragraph (1) separately; and (B) how the trial will recruit a study population that is-- (i) scientifically and ethically appropriate in terms of the scientific objectives and proposed study design; and (ii) in sufficient numbers to obtain clinically and statistically meaningful determinations of the safety and effectiveness of the drug or device being studied in the respective race, ethnicity, age, and sex groups; and (4) the NIH-funded research organization or entity's plan for implementing, or an explanation of why the NIH-funded research organization or entity cannot implement, alternative clinical trial follow-up requirements that are less burdensome for trial participants, such as-- (A) requiring fewer follow-up visits; (B) allowing phone follow-up or home visits by appropriately qualified staff (in lieu of in-person visits by patients); (C) allowing for online follow-up options; (D) permitting the patient's primary care provider to perform some of the follow-up visit requirements; (E) allowing for evening and weekend hours for required follow-up visits; (F) allowing virtual or telemedicine visits; (G) use of wearable technology to record key health parameters; and (H) use of alternate labs or imaging centers, which may be closer to the residence of the patients participating in the trial. (b) Terms.-- (1) In general.--As a condition on the receipt of funding through the National Institutes of Health, as described in subsection (a), with respect to a clinical trial, the NIH- funded research organization or entity of the clinical trial shall agree to terms requiring that-- (A) the aggregate demographic information of trial participants be shared on an annual basis with the Secretary while participant recruitment and data collection in such trial is ongoing, and that such information is provided with respect to-- (i) underrepresented populations, including populations grouped by race, ethnicity, age, and sex; and (ii) such populations that reflect the prevalence of the disease or condition that is the subject of the clinical trial involved (as available and as appropriate to the scientific objective for the study, as determined by the Director of the National Institutes of Health); (B) the NIH-funded research organization or entity submits to the program officer and grants management specialist of the specific institute, center, or office of the National Institutes of Health, annually or as frequently as such officer or specialist determines necessary, the retention rate of participants in the clinical trial, disaggregated by race, ethnicity, age, and sex; (C) the clinical trial researchers complete education and training programs on diversity in clinical trials; and (D) at the conclusion of the trial, the sponsor submits to the Secretary the number of participants in the trial, disaggregated by race, ethnicity, age, and sex. (2) Privacy protections.--Any data shared under paragraph (1) may not include any individually identifiable information or protected health information with respect to clinical trial participants and shall only be disclosed to the extent allowed under Federal privacy laws and by National Institutes of Health policy. (c) Exception.--In lieu of submitting an application under subsection (a) and documentation of goals as required by paragraph (1) of such subsection, an applicant may provide reasoning for why the recruitment of each of the population groups specified in paragraph (1) of subsection (a) is not necessary and why such recruitment is not scientifically justified or possible. SEC. 3. ELIMINATING COST BARRIERS. Not later than 2 years after the date of the enactment of this Act, the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health, shall conduct and complete a study on-- (1) the need for review of human subject regulations specified in part 46 of title 45, Code of Federal Regulations (or successor regulations), and related guidance; (2) the modernization of such regulations and guidance to establish updated guidelines for reimbursement of out-of-pocket expenses of human subjects, compensation of human subjects for time spent participating in the clinical trial, and incentives for recruitment of human subjects; and (3) the need for updated safe harbor rules under section 1001.952 of title 42, Code of Federal Regulations (or successor regulations), and section 1128B of the Social Security Act (commonly referred to as the ``Federal Anti-Kickback Statute'' (42 U.S.C. 1320a-7b)) with respect to the assistance provided under this section. SEC. 4. PUBLIC AWARENESS AND EDUCATION CAMPAIGN. (a) National Campaign.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary''), in consultation with the stakeholders specified in subsection (e), shall carry out a national campaign to increase the awareness and knowledge of individuals in the United States, including health care professionals, patients, and others, with respect to the need for diverse clinical trials among the demographic groups identified pursuant to section 2(a)(1). (b) Requirements.--The national campaign conducted under this section shall include-- (1)(A) the development and distribution of written educational materials; (B) the development and placing of public service announcements that are intended to encourage individuals who are members of the demographic groups identified pursuant to section 2(b)(1)(A)(i) to seek to participate in clinical trials; and (C) the development of curricula for health care professionals on-- (i) how to participate in clinical trials as an investigator; and (ii) how such professionals can enroll patients in trials; (2) such efforts as are reasonable and necessary to ensure meaningful access by consumers with limited English proficiency; and (3) the development and distribution of best practices and training for recruiting underrepresented study populations, including a method for sharing such best practices among clinical trial sponsors, providers, community-based organizations who assist with recruitment, and with the public. (c) Health Disparities.--In developing the national campaign under subsection (a), the Secretary shall recognize and address-- (1) health disparities among individuals who are members of the population groups specified in section 2(b)(1)(A) with respect to access to care and participation in clinical trials; and (2) any barriers in access to care and participation in clinical trials that are specific to individuals who are members of such groups. (d) Grants.--The Secretary shall establish a program to award grants to nonprofit private entities (including community-based organizations and faith communities, institutions of higher education eligible to receive funds under section 371 of the Higher Education Act of 1965 (20 U.S.C. 1067q), national organizations that serve underrepresented populations, and community pharmacies) to enable such entities-- (1) to test alternative outreach and education strategies to increase the awareness and knowledge of individuals in the United States, with respect to the need for diverse clinical trials that reflect the race, ethnicity, age, and sex of patients with the disease or condition being investigated; and (2) to cover administrative costs of such entities in assisting in diversifying clinical trials subject to section 2. (e) Stakeholders Specified.--The stakeholders specified in this subsection are the following: (1) Representatives of the Food and Drug Administration, the Health Resources and Services Administration, the Office on Minority Health of the Department of Health and Human Services, the Centers for Disease Control and Prevention, and the National Institutes of Health. (2) Community-based resources and advocates. (f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2023 through 2026. SEC. 5. DEFINITION. In this Act, the term ``clinical trial'' means a research study in which one or more human subjects are prospectively assigned to one or more interventions (which may include placebo or other control) to evaluate the effects of those interventions on health-related biomedical or behavioral outcomes. <all>

NIH Clinical Trial Diversity Act of 2022

A bill to direct the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health, to take certain steps to increase clinical trial diversity, and for other purposes.

NIH Clinical Trial Diversity Act of 2022

Sen. Menendez, Robert

D

NJ

This bill sets out requirements to increase the diversity of clinical trial participants. The bill also requires other activities to foster participation in clinical trials. As a condition of funding from the National Institutes of Health (NIH) for a clinical trial investigating a drug or device, a sponsor's application must include certain information related to diversity in its trial, such as goals for recruiting and retaining trial participants and plans for achieving the recruitment and retention goals and implementing less-burdensome clinical trial follow-up requirements. A sponsor must also annually share demographic data of clinical trial participants with the NIH. Further, the NIH and the Food and Drug Administration must carry out a national campaign to increase awareness about the need for diverse clinical trials.

SHORT TITLE. This Act may be cited as the ``NIH Clinical Trial Diversity Act of 2022''. 2. DIVERSITY GOALS FOR NIH FUNDED CLINICAL TRIALS. (b) Terms.-- (1) In general.--As a condition on the receipt of funding through the National Institutes of Health, as described in subsection (a), with respect to a clinical trial, the NIH- funded research organization or entity of the clinical trial shall agree to terms requiring that-- (A) the aggregate demographic information of trial participants be shared on an annual basis with the Secretary while participant recruitment and data collection in such trial is ongoing, and that such information is provided with respect to-- (i) underrepresented populations, including populations grouped by race, ethnicity, age, and sex; and (ii) such populations that reflect the prevalence of the disease or condition that is the subject of the clinical trial involved (as available and as appropriate to the scientific objective for the study, as determined by the Director of the National Institutes of Health); (B) the NIH-funded research organization or entity submits to the program officer and grants management specialist of the specific institute, center, or office of the National Institutes of Health, annually or as frequently as such officer or specialist determines necessary, the retention rate of participants in the clinical trial, disaggregated by race, ethnicity, age, and sex; (C) the clinical trial researchers complete education and training programs on diversity in clinical trials; and (D) at the conclusion of the trial, the sponsor submits to the Secretary the number of participants in the trial, disaggregated by race, ethnicity, age, and sex. 3. ELIMINATING COST BARRIERS. 1320a-7b)) with respect to the assistance provided under this section. 4. PUBLIC AWARENESS AND EDUCATION CAMPAIGN. (c) Health Disparities.--In developing the national campaign under subsection (a), the Secretary shall recognize and address-- (1) health disparities among individuals who are members of the population groups specified in section 2(b)(1)(A) with respect to access to care and participation in clinical trials; and (2) any barriers in access to care and participation in clinical trials that are specific to individuals who are members of such groups. (e) Stakeholders Specified.--The stakeholders specified in this subsection are the following: (1) Representatives of the Food and Drug Administration, the Health Resources and Services Administration, the Office on Minority Health of the Department of Health and Human Services, the Centers for Disease Control and Prevention, and the National Institutes of Health. (2) Community-based resources and advocates. SEC.

SHORT TITLE. This Act may be cited as the ``NIH Clinical Trial Diversity Act of 2022''. 2. DIVERSITY GOALS FOR NIH FUNDED CLINICAL TRIALS. (b) Terms.-- (1) In general.--As a condition on the receipt of funding through the National Institutes of Health, as described in subsection (a), with respect to a clinical trial, the NIH- funded research organization or entity of the clinical trial shall agree to terms requiring that-- (A) the aggregate demographic information of trial participants be shared on an annual basis with the Secretary while participant recruitment and data collection in such trial is ongoing, and that such information is provided with respect to-- (i) underrepresented populations, including populations grouped by race, ethnicity, age, and sex; and (ii) such populations that reflect the prevalence of the disease or condition that is the subject of the clinical trial involved (as available and as appropriate to the scientific objective for the study, as determined by the Director of the National Institutes of Health); (B) the NIH-funded research organization or entity submits to the program officer and grants management specialist of the specific institute, center, or office of the National Institutes of Health, annually or as frequently as such officer or specialist determines necessary, the retention rate of participants in the clinical trial, disaggregated by race, ethnicity, age, and sex; (C) the clinical trial researchers complete education and training programs on diversity in clinical trials; and (D) at the conclusion of the trial, the sponsor submits to the Secretary the number of participants in the trial, disaggregated by race, ethnicity, age, and sex. 3. ELIMINATING COST BARRIERS. 1320a-7b)) with respect to the assistance provided under this section. 4. PUBLIC AWARENESS AND EDUCATION CAMPAIGN. (e) Stakeholders Specified.--The stakeholders specified in this subsection are the following: (1) Representatives of the Food and Drug Administration, the Health Resources and Services Administration, the Office on Minority Health of the Department of Health and Human Services, the Centers for Disease Control and Prevention, and the National Institutes of Health. (2) Community-based resources and advocates. SEC.

SHORT TITLE. This Act may be cited as the ``NIH Clinical Trial Diversity Act of 2022''. 2. DIVERSITY GOALS FOR NIH FUNDED CLINICAL TRIALS. (b) Terms.-- (1) In general.--As a condition on the receipt of funding through the National Institutes of Health, as described in subsection (a), with respect to a clinical trial, the NIH- funded research organization or entity of the clinical trial shall agree to terms requiring that-- (A) the aggregate demographic information of trial participants be shared on an annual basis with the Secretary while participant recruitment and data collection in such trial is ongoing, and that such information is provided with respect to-- (i) underrepresented populations, including populations grouped by race, ethnicity, age, and sex; and (ii) such populations that reflect the prevalence of the disease or condition that is the subject of the clinical trial involved (as available and as appropriate to the scientific objective for the study, as determined by the Director of the National Institutes of Health); (B) the NIH-funded research organization or entity submits to the program officer and grants management specialist of the specific institute, center, or office of the National Institutes of Health, annually or as frequently as such officer or specialist determines necessary, the retention rate of participants in the clinical trial, disaggregated by race, ethnicity, age, and sex; (C) the clinical trial researchers complete education and training programs on diversity in clinical trials; and (D) at the conclusion of the trial, the sponsor submits to the Secretary the number of participants in the trial, disaggregated by race, ethnicity, age, and sex. 3. ELIMINATING COST BARRIERS. Not later than 2 years after the date of the enactment of this Act, the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health, shall conduct and complete a study on-- (1) the need for review of human subject regulations specified in part 46 of title 45, Code of Federal Regulations (or successor regulations), and related guidance; (2) the modernization of such regulations and guidance to establish updated guidelines for reimbursement of out-of-pocket expenses of human subjects, compensation of human subjects for time spent participating in the clinical trial, and incentives for recruitment of human subjects; and (3) the need for updated safe harbor rules under section 1001.952 of title 42, Code of Federal Regulations (or successor regulations), and section 1128B of the Social Security Act (commonly referred to as the ``Federal Anti-Kickback Statute'' (42 U.S.C. 1320a-7b)) with respect to the assistance provided under this section. 4. PUBLIC AWARENESS AND EDUCATION CAMPAIGN. (c) Health Disparities.--In developing the national campaign under subsection (a), the Secretary shall recognize and address-- (1) health disparities among individuals who are members of the population groups specified in section 2(b)(1)(A) with respect to access to care and participation in clinical trials; and (2) any barriers in access to care and participation in clinical trials that are specific to individuals who are members of such groups. (e) Stakeholders Specified.--The stakeholders specified in this subsection are the following: (1) Representatives of the Food and Drug Administration, the Health Resources and Services Administration, the Office on Minority Health of the Department of Health and Human Services, the Centers for Disease Control and Prevention, and the National Institutes of Health. (2) Community-based resources and advocates. SEC.

SHORT TITLE. This Act may be cited as the ``NIH Clinical Trial Diversity Act of 2022''. 2. DIVERSITY GOALS FOR NIH FUNDED CLINICAL TRIALS. 321 et seq.)) 262(i))) that is funded by the National Institutes of Health, submit an application (or renewal thereof) for such funding that includes-- (1) clear and measurable goals for the recruitment and retention of participants that reflect-- (A) the race, ethnicity, age, and sex of patients with the disease or condition being investigated; or (B) as scientifically or ethically justified and appropriate, the race, ethnicity, age, and sex of the general population of the United States if the prevalence of the disease or condition is not known; (2) a rationale for the goals specified under paragraph (1) that specifies-- (A) how investigators will determine the number of participants for each population category that reflect the population groups specified in paragraph (1); or (B) strategies that will be used to enroll and retain participants across the different race, ethnicity, age, and sex categories; (3) a detailed plan for how the clinical trial will achieve the goals specified under paragraph (1) that specifies-- (A) the requirements for researchers, in conducting the trial, to analyze the population groups specified in paragraph (1) separately; and (B) how the trial will recruit a study population that is-- (i) scientifically and ethically appropriate in terms of the scientific objectives and proposed study design; and (ii) in sufficient numbers to obtain clinically and statistically meaningful determinations of the safety and effectiveness of the drug or device being studied in the respective race, ethnicity, age, and sex groups; and (4) the NIH-funded research organization or entity's plan for implementing, or an explanation of why the NIH-funded research organization or entity cannot implement, alternative clinical trial follow-up requirements that are less burdensome for trial participants, such as-- (A) requiring fewer follow-up visits; (B) allowing phone follow-up or home visits by appropriately qualified staff (in lieu of in-person visits by patients); (C) allowing for online follow-up options; (D) permitting the patient's primary care provider to perform some of the follow-up visit requirements; (E) allowing for evening and weekend hours for required follow-up visits; (F) allowing virtual or telemedicine visits; (G) use of wearable technology to record key health parameters; and (H) use of alternate labs or imaging centers, which may be closer to the residence of the patients participating in the trial. (b) Terms.-- (1) In general.--As a condition on the receipt of funding through the National Institutes of Health, as described in subsection (a), with respect to a clinical trial, the NIH- funded research organization or entity of the clinical trial shall agree to terms requiring that-- (A) the aggregate demographic information of trial participants be shared on an annual basis with the Secretary while participant recruitment and data collection in such trial is ongoing, and that such information is provided with respect to-- (i) underrepresented populations, including populations grouped by race, ethnicity, age, and sex; and (ii) such populations that reflect the prevalence of the disease or condition that is the subject of the clinical trial involved (as available and as appropriate to the scientific objective for the study, as determined by the Director of the National Institutes of Health); (B) the NIH-funded research organization or entity submits to the program officer and grants management specialist of the specific institute, center, or office of the National Institutes of Health, annually or as frequently as such officer or specialist determines necessary, the retention rate of participants in the clinical trial, disaggregated by race, ethnicity, age, and sex; (C) the clinical trial researchers complete education and training programs on diversity in clinical trials; and (D) at the conclusion of the trial, the sponsor submits to the Secretary the number of participants in the trial, disaggregated by race, ethnicity, age, and sex. 3. ELIMINATING COST BARRIERS. Not later than 2 years after the date of the enactment of this Act, the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health, shall conduct and complete a study on-- (1) the need for review of human subject regulations specified in part 46 of title 45, Code of Federal Regulations (or successor regulations), and related guidance; (2) the modernization of such regulations and guidance to establish updated guidelines for reimbursement of out-of-pocket expenses of human subjects, compensation of human subjects for time spent participating in the clinical trial, and incentives for recruitment of human subjects; and (3) the need for updated safe harbor rules under section 1001.952 of title 42, Code of Federal Regulations (or successor regulations), and section 1128B of the Social Security Act (commonly referred to as the ``Federal Anti-Kickback Statute'' (42 U.S.C. 1320a-7b)) with respect to the assistance provided under this section. 4. PUBLIC AWARENESS AND EDUCATION CAMPAIGN. (c) Health Disparities.--In developing the national campaign under subsection (a), the Secretary shall recognize and address-- (1) health disparities among individuals who are members of the population groups specified in section 2(b)(1)(A) with respect to access to care and participation in clinical trials; and (2) any barriers in access to care and participation in clinical trials that are specific to individuals who are members of such groups. (e) Stakeholders Specified.--The stakeholders specified in this subsection are the following: (1) Representatives of the Food and Drug Administration, the Health Resources and Services Administration, the Office on Minority Health of the Department of Health and Human Services, the Centers for Disease Control and Prevention, and the National Institutes of Health. (2) Community-based resources and advocates. (f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2023 through 2026. SEC. 5. DEFINITION.

To direct the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health, to take certain steps to increase clinical trial diversity, and for other purposes. a) Applications.--Beginning on the date of the enactment of this Act, the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health (in this section referred to as the ``Secretary''), shall require that a NIH-funded research organization or entity seeking to conduct a clinical trial investigating a drug or device (as those terms are defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321 et seq.)) (2) Privacy protections.--Any data shared under paragraph (1) may not include any individually identifiable information or protected health information with respect to clinical trial participants and shall only be disclosed to the extent allowed under Federal privacy laws and by National Institutes of Health policy. ( c) Exception.--In lieu of submitting an application under subsection (a) and documentation of goals as required by paragraph (1) of such subsection, an applicant may provide reasoning for why the recruitment of each of the population groups specified in paragraph (1) of subsection (a) is not necessary and why such recruitment is not scientifically justified or possible. PUBLIC AWARENESS AND EDUCATION CAMPAIGN. ( a) National Campaign.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary''), in consultation with the stakeholders specified in subsection (e), shall carry out a national campaign to increase the awareness and knowledge of individuals in the United States, including health care professionals, patients, and others, with respect to the need for diverse clinical trials among the demographic groups identified pursuant to section 2(a)(1). c) Health Disparities.--In developing the national campaign under subsection (a), the Secretary shall recognize and address-- (1) health disparities among individuals who are members of the population groups specified in section 2(b)(1)(A) with respect to access to care and participation in clinical trials; and (2) any barriers in access to care and participation in clinical trials that are specific to individuals who are members of such groups. e) Stakeholders Specified.--The stakeholders specified in this subsection are the following: (1) Representatives of the Food and Drug Administration, the Health Resources and Services Administration, the Office on Minority Health of the Department of Health and Human Services, the Centers for Disease Control and Prevention, and the National Institutes of Health. ( 2) Community-based resources and advocates. ( In this Act, the term ``clinical trial'' means a research study in which one or more human subjects are prospectively assigned to one or more interventions (which may include placebo or other control) to evaluate the effects of those interventions on health-related biomedical or behavioral outcomes.

To direct the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health, to take certain steps to increase clinical trial diversity, and for other purposes. a) Applications.--Beginning on the date of the enactment of this Act, the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health (in this section referred to as the ``Secretary''), shall require that a NIH-funded research organization or entity seeking to conduct a clinical trial investigating a drug or device (as those terms are defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321 et seq.)) 2) Privacy protections.--Any data shared under paragraph (1) may not include any individually identifiable information or protected health information with respect to clinical trial participants and shall only be disclosed to the extent allowed under Federal privacy laws and by National Institutes of Health policy. ( c) Exception.--In lieu of submitting an application under subsection (a) and documentation of goals as required by paragraph (1) of such subsection, an applicant may provide reasoning for why the recruitment of each of the population groups specified in paragraph (1) of subsection (a) is not necessary and why such recruitment is not scientifically justified or possible. PUBLIC AWARENESS AND EDUCATION CAMPAIGN. ( a) National Campaign.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary''), in consultation with the stakeholders specified in subsection (e), shall carry out a national campaign to increase the awareness and knowledge of individuals in the United States, including health care professionals, patients, and others, with respect to the need for diverse clinical trials among the demographic groups identified pursuant to section 2(a)(1). c) Health Disparities.--In developing the national campaign under subsection (a), the Secretary shall recognize and address-- (1) health disparities among individuals who are members of the population groups specified in section 2(b)(1)(A) with respect to access to care and participation in clinical trials; and (2) any barriers in access to care and participation in clinical trials that are specific to individuals who are members of such groups. ( (e) Stakeholders Specified.--The stakeholders specified in this subsection are the following: (1) Representatives of the Food and Drug Administration, the Health Resources and Services Administration, the Office on Minority Health of the Department of Health and Human Services, the Centers for Disease Control and Prevention, and the National Institutes of Health. ( In this Act, the term ``clinical trial'' means a research study in which one or more human subjects are prospectively assigned to one or more interventions (which may include placebo or other control) to evaluate the effects of those interventions on health-related biomedical or behavioral outcomes.

To direct the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health, to take certain steps to increase clinical trial diversity, and for other purposes. a) Applications.--Beginning on the date of the enactment of this Act, the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health (in this section referred to as the ``Secretary''), shall require that a NIH-funded research organization or entity seeking to conduct a clinical trial investigating a drug or device (as those terms are defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321 et seq.)) 2) Privacy protections.--Any data shared under paragraph (1) may not include any individually identifiable information or protected health information with respect to clinical trial participants and shall only be disclosed to the extent allowed under Federal privacy laws and by National Institutes of Health policy. ( c) Exception.--In lieu of submitting an application under subsection (a) and documentation of goals as required by paragraph (1) of such subsection, an applicant may provide reasoning for why the recruitment of each of the population groups specified in paragraph (1) of subsection (a) is not necessary and why such recruitment is not scientifically justified or possible. PUBLIC AWARENESS AND EDUCATION CAMPAIGN. ( a) National Campaign.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary''), in consultation with the stakeholders specified in subsection (e), shall carry out a national campaign to increase the awareness and knowledge of individuals in the United States, including health care professionals, patients, and others, with respect to the need for diverse clinical trials among the demographic groups identified pursuant to section 2(a)(1). c) Health Disparities.--In developing the national campaign under subsection (a), the Secretary shall recognize and address-- (1) health disparities among individuals who are members of the population groups specified in section 2(b)(1)(A) with respect to access to care and participation in clinical trials; and (2) any barriers in access to care and participation in clinical trials that are specific to individuals who are members of such groups. ( (e) Stakeholders Specified.--The stakeholders specified in this subsection are the following: (1) Representatives of the Food and Drug Administration, the Health Resources and Services Administration, the Office on Minority Health of the Department of Health and Human Services, the Centers for Disease Control and Prevention, and the National Institutes of Health. ( In this Act, the term ``clinical trial'' means a research study in which one or more human subjects are prospectively assigned to one or more interventions (which may include placebo or other control) to evaluate the effects of those interventions on health-related biomedical or behavioral outcomes.

To direct the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health, to take certain steps to increase clinical trial diversity, and for other purposes. a) Applications.--Beginning on the date of the enactment of this Act, the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health (in this section referred to as the ``Secretary''), shall require that a NIH-funded research organization or entity seeking to conduct a clinical trial investigating a drug or device (as those terms are defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321 et seq.)) (2) Privacy protections.--Any data shared under paragraph (1) may not include any individually identifiable information or protected health information with respect to clinical trial participants and shall only be disclosed to the extent allowed under Federal privacy laws and by National Institutes of Health policy. ( c) Exception.--In lieu of submitting an application under subsection (a) and documentation of goals as required by paragraph (1) of such subsection, an applicant may provide reasoning for why the recruitment of each of the population groups specified in paragraph (1) of subsection (a) is not necessary and why such recruitment is not scientifically justified or possible. PUBLIC AWARENESS AND EDUCATION CAMPAIGN. ( a) National Campaign.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary''), in consultation with the stakeholders specified in subsection (e), shall carry out a national campaign to increase the awareness and knowledge of individuals in the United States, including health care professionals, patients, and others, with respect to the need for diverse clinical trials among the demographic groups identified pursuant to section 2(a)(1). c) Health Disparities.--In developing the national campaign under subsection (a), the Secretary shall recognize and address-- (1) health disparities among individuals who are members of the population groups specified in section 2(b)(1)(A) with respect to access to care and participation in clinical trials; and (2) any barriers in access to care and participation in clinical trials that are specific to individuals who are members of such groups. e) Stakeholders Specified.--The stakeholders specified in this subsection are the following: (1) Representatives of the Food and Drug Administration, the Health Resources and Services Administration, the Office on Minority Health of the Department of Health and Human Services, the Centers for Disease Control and Prevention, and the National Institutes of Health. ( 2) Community-based resources and advocates. ( In this Act, the term ``clinical trial'' means a research study in which one or more human subjects are prospectively assigned to one or more interventions (which may include placebo or other control) to evaluate the effects of those interventions on health-related biomedical or behavioral outcomes.

To direct the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health, to take certain steps to increase clinical trial diversity, and for other purposes. a) Applications.--Beginning on the date of the enactment of this Act, the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health (in this section referred to as the ``Secretary''), shall require that a NIH-funded research organization or entity seeking to conduct a clinical trial investigating a drug or device (as those terms are defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321 et seq.)) 2) Privacy protections.--Any data shared under paragraph (1) may not include any individually identifiable information or protected health information with respect to clinical trial participants and shall only be disclosed to the extent allowed under Federal privacy laws and by National Institutes of Health policy. ( c) Exception.--In lieu of submitting an application under subsection (a) and documentation of goals as required by paragraph (1) of such subsection, an applicant may provide reasoning for why the recruitment of each of the population groups specified in paragraph (1) of subsection (a) is not necessary and why such recruitment is not scientifically justified or possible. PUBLIC AWARENESS AND EDUCATION CAMPAIGN. ( a) National Campaign.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary''), in consultation with the stakeholders specified in subsection (e), shall carry out a national campaign to increase the awareness and knowledge of individuals in the United States, including health care professionals, patients, and others, with respect to the need for diverse clinical trials among the demographic groups identified pursuant to section 2(a)(1). c) Health Disparities.--In developing the national campaign under subsection (a), the Secretary shall recognize and address-- (1) health disparities among individuals who are members of the population groups specified in section 2(b)(1)(A) with respect to access to care and participation in clinical trials; and (2) any barriers in access to care and participation in clinical trials that are specific to individuals who are members of such groups. ( (e) Stakeholders Specified.--The stakeholders specified in this subsection are the following: (1) Representatives of the Food and Drug Administration, the Health Resources and Services Administration, the Office on Minority Health of the Department of Health and Human Services, the Centers for Disease Control and Prevention, and the National Institutes of Health. ( In this Act, the term ``clinical trial'' means a research study in which one or more human subjects are prospectively assigned to one or more interventions (which may include placebo or other control) to evaluate the effects of those interventions on health-related biomedical or behavioral outcomes.

To direct the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health, to take certain steps to increase clinical trial diversity, and for other purposes. a) Applications.--Beginning on the date of the enactment of this Act, the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health (in this section referred to as the ``Secretary''), shall require that a NIH-funded research organization or entity seeking to conduct a clinical trial investigating a drug or device (as those terms are defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321 et seq.)) (2) Privacy protections.--Any data shared under paragraph (1) may not include any individually identifiable information or protected health information with respect to clinical trial participants and shall only be disclosed to the extent allowed under Federal privacy laws and by National Institutes of Health policy. ( c) Exception.--In lieu of submitting an application under subsection (a) and documentation of goals as required by paragraph (1) of such subsection, an applicant may provide reasoning for why the recruitment of each of the population groups specified in paragraph (1) of subsection (a) is not necessary and why such recruitment is not scientifically justified or possible. PUBLIC AWARENESS AND EDUCATION CAMPAIGN. ( a) National Campaign.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary''), in consultation with the stakeholders specified in subsection (e), shall carry out a national campaign to increase the awareness and knowledge of individuals in the United States, including health care professionals, patients, and others, with respect to the need for diverse clinical trials among the demographic groups identified pursuant to section 2(a)(1). c) Health Disparities.--In developing the national campaign under subsection (a), the Secretary shall recognize and address-- (1) health disparities among individuals who are members of the population groups specified in section 2(b)(1)(A) with respect to access to care and participation in clinical trials; and (2) any barriers in access to care and participation in clinical trials that are specific to individuals who are members of such groups. e) Stakeholders Specified.--The stakeholders specified in this subsection are the following: (1) Representatives of the Food and Drug Administration, the Health Resources and Services Administration, the Office on Minority Health of the Department of Health and Human Services, the Centers for Disease Control and Prevention, and the National Institutes of Health. ( 2) Community-based resources and advocates. ( In this Act, the term ``clinical trial'' means a research study in which one or more human subjects are prospectively assigned to one or more interventions (which may include placebo or other control) to evaluate the effects of those interventions on health-related biomedical or behavioral outcomes.

To direct the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health, to take certain steps to increase clinical trial diversity, and for other purposes. a) Applications.--Beginning on the date of the enactment of this Act, the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health (in this section referred to as the ``Secretary''), shall require that a NIH-funded research organization or entity seeking to conduct a clinical trial investigating a drug or device (as those terms are defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321 et seq.)) 2) Privacy protections.--Any data shared under paragraph (1) may not include any individually identifiable information or protected health information with respect to clinical trial participants and shall only be disclosed to the extent allowed under Federal privacy laws and by National Institutes of Health policy. ( c) Exception.--In lieu of submitting an application under subsection (a) and documentation of goals as required by paragraph (1) of such subsection, an applicant may provide reasoning for why the recruitment of each of the population groups specified in paragraph (1) of subsection (a) is not necessary and why such recruitment is not scientifically justified or possible. PUBLIC AWARENESS AND EDUCATION CAMPAIGN. ( a) National Campaign.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary''), in consultation with the stakeholders specified in subsection (e), shall carry out a national campaign to increase the awareness and knowledge of individuals in the United States, including health care professionals, patients, and others, with respect to the need for diverse clinical trials among the demographic groups identified pursuant to section 2(a)(1). c) Health Disparities.--In developing the national campaign under subsection (a), the Secretary shall recognize and address-- (1) health disparities among individuals who are members of the population groups specified in section 2(b)(1)(A) with respect to access to care and participation in clinical trials; and (2) any barriers in access to care and participation in clinical trials that are specific to individuals who are members of such groups. ( (e) Stakeholders Specified.--The stakeholders specified in this subsection are the following: (1) Representatives of the Food and Drug Administration, the Health Resources and Services Administration, the Office on Minority Health of the Department of Health and Human Services, the Centers for Disease Control and Prevention, and the National Institutes of Health. ( In this Act, the term ``clinical trial'' means a research study in which one or more human subjects are prospectively assigned to one or more interventions (which may include placebo or other control) to evaluate the effects of those interventions on health-related biomedical or behavioral outcomes.

To direct the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health, to take certain steps to increase clinical trial diversity, and for other purposes. a) Applications.--Beginning on the date of the enactment of this Act, the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health (in this section referred to as the ``Secretary''), shall require that a NIH-funded research organization or entity seeking to conduct a clinical trial investigating a drug or device (as those terms are defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321 et seq.)) (2) Privacy protections.--Any data shared under paragraph (1) may not include any individually identifiable information or protected health information with respect to clinical trial participants and shall only be disclosed to the extent allowed under Federal privacy laws and by National Institutes of Health policy. ( c) Exception.--In lieu of submitting an application under subsection (a) and documentation of goals as required by paragraph (1) of such subsection, an applicant may provide reasoning for why the recruitment of each of the population groups specified in paragraph (1) of subsection (a) is not necessary and why such recruitment is not scientifically justified or possible. PUBLIC AWARENESS AND EDUCATION CAMPAIGN. ( a) National Campaign.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary''), in consultation with the stakeholders specified in subsection (e), shall carry out a national campaign to increase the awareness and knowledge of individuals in the United States, including health care professionals, patients, and others, with respect to the need for diverse clinical trials among the demographic groups identified pursuant to section 2(a)(1). c) Health Disparities.--In developing the national campaign under subsection (a), the Secretary shall recognize and address-- (1) health disparities among individuals who are members of the population groups specified in section 2(b)(1)(A) with respect to access to care and participation in clinical trials; and (2) any barriers in access to care and participation in clinical trials that are specific to individuals who are members of such groups. e) Stakeholders Specified.--The stakeholders specified in this subsection are the following: (1) Representatives of the Food and Drug Administration, the Health Resources and Services Administration, the Office on Minority Health of the Department of Health and Human Services, the Centers for Disease Control and Prevention, and the National Institutes of Health. ( 2) Community-based resources and advocates. ( In this Act, the term ``clinical trial'' means a research study in which one or more human subjects are prospectively assigned to one or more interventions (which may include placebo or other control) to evaluate the effects of those interventions on health-related biomedical or behavioral outcomes.

To direct the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health, to take certain steps to increase clinical trial diversity, and for other purposes. a) National Campaign.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary''), in consultation with the stakeholders specified in subsection (e), shall carry out a national campaign to increase the awareness and knowledge of individuals in the United States, including health care professionals, patients, and others, with respect to the need for diverse clinical trials among the demographic groups identified pursuant to section 2(a)(1). ( (e) Stakeholders Specified.--The stakeholders specified in this subsection are the following: (1) Representatives of the Food and Drug Administration, the Health Resources and Services Administration, the Office on Minority Health of the Department of Health and Human Services, the Centers for Disease Control and Prevention, and the National Institutes of Health. ( In this Act, the term ``clinical trial'' means a research study in which one or more human subjects are prospectively assigned to one or more interventions (which may include placebo or other control) to evaluate the effects of those interventions on health-related biomedical or behavioral outcomes.

To direct the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health, to take certain steps to increase clinical trial diversity, and for other purposes. 2) Privacy protections.--Any data shared under paragraph (1) may not include any individually identifiable information or protected health information with respect to clinical trial participants and shall only be disclosed to the extent allowed under Federal privacy laws and by National Institutes of Health policy. ( ( a) National Campaign.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary''), in consultation with the stakeholders specified in subsection (e), shall carry out a national campaign to increase the awareness and knowledge of individuals in the United States, including health care professionals, patients, and others, with respect to the need for diverse clinical trials among the demographic groups identified pursuant to section 2(a)(1). e) Stakeholders Specified.--The stakeholders specified in this subsection are the following: (1) Representatives of the Food and Drug Administration, the Health Resources and Services Administration, the Office on Minority Health of the Department of Health and Human Services, the Centers for Disease Control and Prevention, and the National Institutes of Health. (

NIH Clinical Trial Diversity Act of 2022 This bill requires the Department of Health and Human Services, acting through the Director of the National Institutes of Health (NIH), to require a NIH-funded research organization or entity seeking to conduct a clinical trial investigating a drug or biological product to submit an application that includes: (1) clear and measurable goals for the recruitment and retention of participants that Directs the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health, to study and complete a study on: (1) the need for review of human subject regulations and related guidance; (2) the modernization of such regulations and guidance to establish updated guidelines for reimbursement of out-of-pocket expenses, compensation of human subjects for time spent participating in

S.3860

Crime and Law Enforcement

Invest to Protect Act of 2022 This bill directs the Office of Community Oriented Policing Services within the Department of Justice to award grants to local and tribal governments that employ fewer than 200 law enforcement officers. Grant funds may be used for various activities, including to provide de-escalation training and improve recruitment and retention.

To establish a grant program to provide assistance to local governments with fewer than 200 law enforcement 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 ``Invest to Protect Act of 2022''. SEC. 2. GRANT PROGRAM. (a) Definitions.--In this Act: (1) De-escalation training.--The term ``de-escalation training'' means training relating to taking action or communicating verbally or non-verbally during a potential force encounter in an attempt to stabilize the situation and reduce the immediacy of the threat so that more time, options, and resources can be called upon to resolve the situation without the use of force or with a reduction in the force necessary. (2) Director.--The term ``Director'' means the Director of the Office. (3) Eligible local government.--The term ``eligible local government'' means-- (A) a county, municipality, town, township, village, parish, borough, or other unit of general government below the State level that employs fewer than 200 law enforcement officers; and (B) a Tribal government that employs fewer than 200 law enforcement officers. (4) Law enforcement officer.--The term ``law enforcement officer'' has the meaning given the term ``career law enforcement officer'' in section 1709 of title I the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10389). (5) Office.--The term ``Office'' means the Office of Community Oriented Policing Services of the Department of Justice. (b) Establishment.--There is established within the Office a grant program to-- (1) provide training and access to mental health resources to local law enforcement officers; and (2) improve the recruitment and retention of local law enforcement officers. (c) Authority.--Not later than 120 days after the date of enactment of this Act, the Director shall award grants to eligible local governments as a part of the grant program established under subsection (b). (d) Applications.-- (1) Barriers.--The Attorney General shall determine what barriers exist to establishing a streamlined application process for grants under this section. (2) Report.-- (A) In general.--Not later than 60 days after the date of enactment of this Act, the Attorney General shall submit to Congress a report that includes a plan to execute a streamlined application process for grants under this section under which an eligible local government seeking a grant under this section can reasonably complete the application in not more than 2 hours. (B) Contents of plan.--The plan required under subparagraph (A) may include a plan for-- (i) proactively providing eligible local governments seeking a grant under this section with information on the data such eligible local governments will need to prepare before beginning the grant application; and (ii) ensuring technical assistance is available for eligible local governments seeking a grant under this section before and during the grant application process, including through dedicated liaisons within the Office. (3) Applications.--In selecting eligible local governments to receive grants under this section, the Director shall use the streamlined application process described in paragraph (2)(A). (e) Eligible Activities.--An eligible local government that receives a grant under this section may use amounts from the grant only for-- (1) de-escalation training for law enforcement officers; (2) victim-centered training for law enforcement officers in handling situations of domestic violence; (3) evidence-based law enforcement safety training, including training for-- (A) active shooter situations; (B) the safe handling of illicit drugs and precursor chemicals; (C) rescue situations; (D) high speed or pursuit driving; (E) recognizing and countering ambush attacks; (F) contact with individuals with mental health needs; (G) contact with individuals with substance use disorders; (H) contact with veterans; (I) contact with individuals with disabilities; (J) contact with vulnerable youth; (K) contact with individuals who are victims of domestic violence, sexual assault, or trafficking; or (L) contact with individuals experiencing homelessness or living in poverty; (4) the offsetting of overtime costs associated with scheduling issues relating to the participation of a law enforcement officer in the training described in paragraphs (1) through (3); (5) a signing bonus for a law enforcement officer in an amount determined by the eligible local government; (6) a retention bonus for a law enforcement officer-- (A) in an amount determined by the eligible local government that does not exceed 20 percent of the salary of the law enforcement officer; and (B) who-- (i) has been employed at the law enforcement agency for not fewer than 5 years; and (ii) has not been found by an internal investigation to have engaged in serious misconduct; (7) a stipend for the graduate education of law enforcement officers in the area of mental health, public health, or social work, which shall not exceed the lesser of-- (A) $10,000; or (B) the amount the law enforcement officer pays towards such graduate education; and (8) providing access to patient-centered behavioral health services for law enforcement officers, which may include resources for risk assessments, evidence-based, trauma-informed care to treat post-traumatic stress disorder or acute stress disorder, peer support and counselor services and family supports, and the promotion of improved access to high quality mental health care through telehealth. (f) Disclosure of Officer Recruitment and Retention Bonuses.-- (1) In general.--Not later than 60 days after the date on which an eligible local government that receives a grant under this section awards a signing or retention bonus described in paragraph (5) or (6) of subsection (e), the eligible local government shall disclose to the Director and make publicly available on a website of the eligible local government the amount of such bonus. (2) Report.--The Attorney General shall submit to the appropriate congressional committees an annual report that includes each signing or retention bonus disclosed under paragraph (1) during the preceding year. (g) Grant Accountability.--All grants awarded by the Director under this section shall be subject to the following accountability provisions: (1) Audit requirement.-- (A) Definition.--In this paragraph, the term ``unresolved audit finding'' means a finding in the final audit report of the Inspector General of the Department of Justice that the audited grantee has used grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within 12 months from the date when the final audit report is issued. (B) Audits.--Beginning in the first fiscal year beginning after the date of enactment of this subsection, and in each fiscal year thereafter, the Inspector General of the Department of Justice shall conduct audits of recipients of grants under this section to prevent waste, fraud, and abuse of funds by grantees. The Inspector General of the Department of Justice shall determine the appropriate number of grantees to be audited each year. (C) Mandatory exclusion.--A recipient of grant funds under this section that is found to have an unresolved audit finding shall not be eligible to receive grant funds under this section during the first 2 fiscal years beginning after the end of the 12-month period described in subparagraph (A). (D) Priority.--In awarding grants under this section, the Director shall give priority to eligible local governments that did not have an unresolved audit finding during the 3 fiscal years before submitting an application for a grant under this section. (E) Reimbursement.--If an eligible local government is awarded grant funds under this section during the 2- fiscal-year period during which the eligible local government is barred from receiving grants under subparagraph (C), the Attorney General shall-- (i) deposit an amount equal to the amount of the grant funds that were improperly awarded to the grantee into the General Fund of the Treasury; and (ii) seek to recoup the costs of the repayment to the fund from the grant recipient that was erroneously awarded grant funds. (2) Annual certification.--Beginning in the fiscal year during which audits commence under paragraph (1)(B), the Attorney General shall submit to the Committee on the Judiciary and the Committee on Appropriations of the Senate and the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives an annual certification-- (A) indicating whether-- (i) all audits issued by the Office of the Inspector General of the Department of Justice under paragraph (1) have been completed and reviewed by the appropriate Assistant Attorney General or Director; (ii) all mandatory exclusions required under paragraph (1)(C) have been issued; and (iii) all reimbursements required under paragraph (1)(E) have been made; and (B) that includes a list of any grant recipients excluded under paragraph (1) from the previous year. (h) Preventing Duplicative Grants.-- (1) In general.--Before the Director awards a grant to an eligible local government under this section, the Attorney General shall compare potential grant awards with other grants awarded by the Attorney General to determine if grant awards are or have been awarded for a similar purpose. (2) Report.--If the Attorney General awards grants to the same applicant for a similar purpose, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that includes-- (A) a list of all such grants awarded, including the total dollar amount of any such grants awarded; and (B) the reason the Attorney General awarded multiple grants to the same applicant for a similar purpose. (i) Funding.--In carrying out this section, the Director-- (1) shall use amounts otherwise made available to the Office; and (2) may use not more than $50,000,000 of such amounts for each of fiscal years 2023 through 2027. Passed the Senate August 1, 2022. Attest: Secretary. 117th CONGRESS 2d Session S. 3860 _______________________________________________________________________

Invest to Protect Act of 2022

A bill to establish a grant program to provide assistance to local governments with fewer than 200 law enforcement officers, and for other purposes.

Invest to Protect Act of 2022 Invest to Protect Act of 2022 Invest to Protect Act of 2022

Sen. Cortez Masto, Catherine

D

NV

This bill directs the Office of Community Oriented Policing Services within the Department of Justice to award grants to local and tribal governments that employ fewer than 200 law enforcement officers. Grant funds may be used for various activities, including to provide de-escalation training and improve recruitment and retention.

SHORT TITLE. This Act may be cited as the ``Invest to Protect Act of 2022''. 2. GRANT PROGRAM. (a) Definitions.--In this Act: (1) De-escalation training.--The term ``de-escalation training'' means training relating to taking action or communicating verbally or non-verbally during a potential force encounter in an attempt to stabilize the situation and reduce the immediacy of the threat so that more time, options, and resources can be called upon to resolve the situation without the use of force or with a reduction in the force necessary. (2) Director.--The term ``Director'' means the Director of the Office. (3) Eligible local government.--The term ``eligible local government'' means-- (A) a county, municipality, town, township, village, parish, borough, or other unit of general government below the State level that employs fewer than 200 law enforcement officers; and (B) a Tribal government that employs fewer than 200 law enforcement officers. (d) Applications.-- (1) Barriers.--The Attorney General shall determine what barriers exist to establishing a streamlined application process for grants under this section. (2) Report.--The Attorney General shall submit to the appropriate congressional committees an annual report that includes each signing or retention bonus disclosed under paragraph (1) during the preceding year. (B) Audits.--Beginning in the first fiscal year beginning after the date of enactment of this subsection, and in each fiscal year thereafter, the Inspector General of the Department of Justice shall conduct audits of recipients of grants under this section to prevent waste, fraud, and abuse of funds by grantees. (2) Report.--If the Attorney General awards grants to the same applicant for a similar purpose, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that includes-- (A) a list of all such grants awarded, including the total dollar amount of any such grants awarded; and (B) the reason the Attorney General awarded multiple grants to the same applicant for a similar purpose.

SHORT TITLE. This Act may be cited as the ``Invest to Protect Act of 2022''. 2. GRANT PROGRAM. (a) Definitions.--In this Act: (1) De-escalation training.--The term ``de-escalation training'' means training relating to taking action or communicating verbally or non-verbally during a potential force encounter in an attempt to stabilize the situation and reduce the immediacy of the threat so that more time, options, and resources can be called upon to resolve the situation without the use of force or with a reduction in the force necessary. (2) Director.--The term ``Director'' means the Director of the Office. (3) Eligible local government.--The term ``eligible local government'' means-- (A) a county, municipality, town, township, village, parish, borough, or other unit of general government below the State level that employs fewer than 200 law enforcement officers; and (B) a Tribal government that employs fewer than 200 law enforcement officers. (d) Applications.-- (1) Barriers.--The Attorney General shall determine what barriers exist to establishing a streamlined application process for grants under this section. (2) Report.--The Attorney General shall submit to the appropriate congressional committees an annual report that includes each signing or retention bonus disclosed under paragraph (1) during the preceding year. (B) Audits.--Beginning in the first fiscal year beginning after the date of enactment of this subsection, and in each fiscal year thereafter, the Inspector General of the Department of Justice shall conduct audits of recipients of grants under this section to prevent waste, fraud, and abuse of funds by grantees. (2) Report.--If the Attorney General awards grants to the same applicant for a similar purpose, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that includes-- (A) a list of all such grants awarded, including the total dollar amount of any such grants awarded; and (B) the reason the Attorney General awarded multiple grants to the same applicant for a similar purpose.

SHORT TITLE. This Act may be cited as the ``Invest to Protect Act of 2022''. SEC. 2. GRANT PROGRAM. (a) Definitions.--In this Act: (1) De-escalation training.--The term ``de-escalation training'' means training relating to taking action or communicating verbally or non-verbally during a potential force encounter in an attempt to stabilize the situation and reduce the immediacy of the threat so that more time, options, and resources can be called upon to resolve the situation without the use of force or with a reduction in the force necessary. (2) Director.--The term ``Director'' means the Director of the Office. (3) Eligible local government.--The term ``eligible local government'' means-- (A) a county, municipality, town, township, village, parish, borough, or other unit of general government below the State level that employs fewer than 200 law enforcement officers; and (B) a Tribal government that employs fewer than 200 law enforcement officers. 10389). (d) Applications.-- (1) Barriers.--The Attorney General shall determine what barriers exist to establishing a streamlined application process for grants under this section. (e) Eligible Activities.--An eligible local government that receives a grant under this section may use amounts from the grant only for-- (1) de-escalation training for law enforcement officers; (2) victim-centered training for law enforcement officers in handling situations of domestic violence; (3) evidence-based law enforcement safety training, including training for-- (A) active shooter situations; (B) the safe handling of illicit drugs and precursor chemicals; (C) rescue situations; (D) high speed or pursuit driving; (E) recognizing and countering ambush attacks; (F) contact with individuals with mental health needs; (G) contact with individuals with substance use disorders; (H) contact with veterans; (I) contact with individuals with disabilities; (J) contact with vulnerable youth; (K) contact with individuals who are victims of domestic violence, sexual assault, or trafficking; or (L) contact with individuals experiencing homelessness or living in poverty; (4) the offsetting of overtime costs associated with scheduling issues relating to the participation of a law enforcement officer in the training described in paragraphs (1) through (3); (5) a signing bonus for a law enforcement officer in an amount determined by the eligible local government; (6) a retention bonus for a law enforcement officer-- (A) in an amount determined by the eligible local government that does not exceed 20 percent of the salary of the law enforcement officer; and (B) who-- (i) has been employed at the law enforcement agency for not fewer than 5 years; and (ii) has not been found by an internal investigation to have engaged in serious misconduct; (7) a stipend for the graduate education of law enforcement officers in the area of mental health, public health, or social work, which shall not exceed the lesser of-- (A) $10,000; or (B) the amount the law enforcement officer pays towards such graduate education; and (8) providing access to patient-centered behavioral health services for law enforcement officers, which may include resources for risk assessments, evidence-based, trauma-informed care to treat post-traumatic stress disorder or acute stress disorder, peer support and counselor services and family supports, and the promotion of improved access to high quality mental health care through telehealth. (2) Report.--The Attorney General shall submit to the appropriate congressional committees an annual report that includes each signing or retention bonus disclosed under paragraph (1) during the preceding year. (B) Audits.--Beginning in the first fiscal year beginning after the date of enactment of this subsection, and in each fiscal year thereafter, the Inspector General of the Department of Justice shall conduct audits of recipients of grants under this section to prevent waste, fraud, and abuse of funds by grantees. (2) Report.--If the Attorney General awards grants to the same applicant for a similar purpose, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that includes-- (A) a list of all such grants awarded, including the total dollar amount of any such grants awarded; and (B) the reason the Attorney General awarded multiple grants to the same applicant for a similar purpose. Attest: Secretary. 117th CONGRESS 2d Session S. 3860 _______________________________________________________________________

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Invest to Protect Act of 2022''. SEC. 2. GRANT PROGRAM. (a) Definitions.--In this Act: (1) De-escalation training.--The term ``de-escalation training'' means training relating to taking action or communicating verbally or non-verbally during a potential force encounter in an attempt to stabilize the situation and reduce the immediacy of the threat so that more time, options, and resources can be called upon to resolve the situation without the use of force or with a reduction in the force necessary. (2) Director.--The term ``Director'' means the Director of the Office. (3) Eligible local government.--The term ``eligible local government'' means-- (A) a county, municipality, town, township, village, parish, borough, or other unit of general government below the State level that employs fewer than 200 law enforcement officers; and (B) a Tribal government that employs fewer than 200 law enforcement officers. (4) Law enforcement officer.--The term ``law enforcement officer'' has the meaning given the term ``career law enforcement officer'' in section 1709 of title I the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10389). (c) Authority.--Not later than 120 days after the date of enactment of this Act, the Director shall award grants to eligible local governments as a part of the grant program established under subsection (b). (d) Applications.-- (1) Barriers.--The Attorney General shall determine what barriers exist to establishing a streamlined application process for grants under this section. (B) Contents of plan.--The plan required under subparagraph (A) may include a plan for-- (i) proactively providing eligible local governments seeking a grant under this section with information on the data such eligible local governments will need to prepare before beginning the grant application; and (ii) ensuring technical assistance is available for eligible local governments seeking a grant under this section before and during the grant application process, including through dedicated liaisons within the Office. (e) Eligible Activities.--An eligible local government that receives a grant under this section may use amounts from the grant only for-- (1) de-escalation training for law enforcement officers; (2) victim-centered training for law enforcement officers in handling situations of domestic violence; (3) evidence-based law enforcement safety training, including training for-- (A) active shooter situations; (B) the safe handling of illicit drugs and precursor chemicals; (C) rescue situations; (D) high speed or pursuit driving; (E) recognizing and countering ambush attacks; (F) contact with individuals with mental health needs; (G) contact with individuals with substance use disorders; (H) contact with veterans; (I) contact with individuals with disabilities; (J) contact with vulnerable youth; (K) contact with individuals who are victims of domestic violence, sexual assault, or trafficking; or (L) contact with individuals experiencing homelessness or living in poverty; (4) the offsetting of overtime costs associated with scheduling issues relating to the participation of a law enforcement officer in the training described in paragraphs (1) through (3); (5) a signing bonus for a law enforcement officer in an amount determined by the eligible local government; (6) a retention bonus for a law enforcement officer-- (A) in an amount determined by the eligible local government that does not exceed 20 percent of the salary of the law enforcement officer; and (B) who-- (i) has been employed at the law enforcement agency for not fewer than 5 years; and (ii) has not been found by an internal investigation to have engaged in serious misconduct; (7) a stipend for the graduate education of law enforcement officers in the area of mental health, public health, or social work, which shall not exceed the lesser of-- (A) $10,000; or (B) the amount the law enforcement officer pays towards such graduate education; and (8) providing access to patient-centered behavioral health services for law enforcement officers, which may include resources for risk assessments, evidence-based, trauma-informed care to treat post-traumatic stress disorder or acute stress disorder, peer support and counselor services and family supports, and the promotion of improved access to high quality mental health care through telehealth. (2) Report.--The Attorney General shall submit to the appropriate congressional committees an annual report that includes each signing or retention bonus disclosed under paragraph (1) during the preceding year. (g) Grant Accountability.--All grants awarded by the Director under this section shall be subject to the following accountability provisions: (1) Audit requirement.-- (A) Definition.--In this paragraph, the term ``unresolved audit finding'' means a finding in the final audit report of the Inspector General of the Department of Justice that the audited grantee has used grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within 12 months from the date when the final audit report is issued. (B) Audits.--Beginning in the first fiscal year beginning after the date of enactment of this subsection, and in each fiscal year thereafter, the Inspector General of the Department of Justice shall conduct audits of recipients of grants under this section to prevent waste, fraud, and abuse of funds by grantees. (2) Report.--If the Attorney General awards grants to the same applicant for a similar purpose, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that includes-- (A) a list of all such grants awarded, including the total dollar amount of any such grants awarded; and (B) the reason the Attorney General awarded multiple grants to the same applicant for a similar purpose. Passed the Senate August 1, 2022. Attest: Secretary. 117th CONGRESS 2d Session S. 3860 _______________________________________________________________________

To establish a grant program to provide assistance to local governments with fewer than 200 law enforcement officers, and for other purposes. a) Definitions.--In this Act: (1) De-escalation training.--The term ``de-escalation training'' means training relating to taking action or communicating verbally or non-verbally during a potential force encounter in an attempt to stabilize the situation and reduce the immediacy of the threat so that more time, options, and resources can be called upon to resolve the situation without the use of force or with a reduction in the force necessary. ( (5) Office.--The term ``Office'' means the Office of Community Oriented Policing Services of the Department of Justice. ( c) Authority.--Not later than 120 days after the date of enactment of this Act, the Director shall award grants to eligible local governments as a part of the grant program established under subsection (b). ( (B) Contents of plan.--The plan required under subparagraph (A) may include a plan for-- (i) proactively providing eligible local governments seeking a grant under this section with information on the data such eligible local governments will need to prepare before beginning the grant application; and (ii) ensuring technical assistance is available for eligible local governments seeking a grant under this section before and during the grant application process, including through dedicated liaisons within the Office. ( 3) Applications.--In selecting eligible local governments to receive grants under this section, the Director shall use the streamlined application process described in paragraph (2)(A). (f) Disclosure of Officer Recruitment and Retention Bonuses.-- (1) In general.--Not later than 60 days after the date on which an eligible local government that receives a grant under this section awards a signing or retention bonus described in paragraph (5) or (6) of subsection (e), the eligible local government shall disclose to the Director and make publicly available on a website of the eligible local government the amount of such bonus. ( g) Grant Accountability.--All grants awarded by the Director under this section shall be subject to the following accountability provisions: (1) Audit requirement.-- (A) Definition.--In this paragraph, the term ``unresolved audit finding'' means a finding in the final audit report of the Inspector General of the Department of Justice that the audited grantee has used grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within 12 months from the date when the final audit report is issued. ( The Inspector General of the Department of Justice shall determine the appropriate number of grantees to be audited each year. ( C) Mandatory exclusion.--A recipient of grant funds under this section that is found to have an unresolved audit finding shall not be eligible to receive grant funds under this section during the first 2 fiscal years beginning after the end of the 12-month period described in subparagraph (A). ( h) Preventing Duplicative Grants.-- (1) In general.--Before the Director awards a grant to an eligible local government under this section, the Attorney General shall compare potential grant awards with other grants awarded by the Attorney General to determine if grant awards are or have been awarded for a similar purpose. (2) Report.--If the Attorney General awards grants to the same applicant for a similar purpose, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that includes-- (A) a list of all such grants awarded, including the total dollar amount of any such grants awarded; and (B) the reason the Attorney General awarded multiple grants to the same applicant for a similar purpose. ( Passed the Senate August 1, 2022.

To establish a grant program to provide assistance to local governments with fewer than 200 law enforcement officers, and for other purposes. 5) Office.--The term ``Office'' means the Office of Community Oriented Policing Services of the Department of Justice. ( b) Establishment.--There is established within the Office a grant program to-- (1) provide training and access to mental health resources to local law enforcement officers; and (2) improve the recruitment and retention of local law enforcement officers. ( (2) Report.-- (A) In general.--Not later than 60 days after the date of enactment of this Act, the Attorney General shall submit to Congress a report that includes a plan to execute a streamlined application process for grants under this section under which an eligible local government seeking a grant under this section can reasonably complete the application in not more than 2 hours. ( 3) Applications.--In selecting eligible local governments to receive grants under this section, the Director shall use the streamlined application process described in paragraph (2)(A). (f) Disclosure of Officer Recruitment and Retention Bonuses.-- (1) In general.--Not later than 60 days after the date on which an eligible local government that receives a grant under this section awards a signing or retention bonus described in paragraph (5) or (6) of subsection (e), the eligible local government shall disclose to the Director and make publicly available on a website of the eligible local government the amount of such bonus. ( B) Audits.--Beginning in the first fiscal year beginning after the date of enactment of this subsection, and in each fiscal year thereafter, the Inspector General of the Department of Justice shall conduct audits of recipients of grants under this section to prevent waste, fraud, and abuse of funds by grantees. (E) Reimbursement.--If an eligible local government is awarded grant funds under this section during the 2- fiscal-year period during which the eligible local government is barred from receiving grants under subparagraph (C), the Attorney General shall-- (i) deposit an amount equal to the amount of the grant funds that were improperly awarded to the grantee into the General Fund of the Treasury; and (ii) seek to recoup the costs of the repayment to the fund from the grant recipient that was erroneously awarded grant funds. ( h) Preventing Duplicative Grants.-- (1) In general.--Before the Director awards a grant to an eligible local government under this section, the Attorney General shall compare potential grant awards with other grants awarded by the Attorney General to determine if grant awards are or have been awarded for a similar purpose. ( (i) Funding.--In carrying out this section, the Director-- (1) shall use amounts otherwise made available to the Office; and (2) may use not more than $50,000,000 of such amounts for each of fiscal years 2023 through 2027. Passed the Senate August 1, 2022.

To establish a grant program to provide assistance to local governments with fewer than 200 law enforcement officers, and for other purposes. 5) Office.--The term ``Office'' means the Office of Community Oriented Policing Services of the Department of Justice. ( b) Establishment.--There is established within the Office a grant program to-- (1) provide training and access to mental health resources to local law enforcement officers; and (2) improve the recruitment and retention of local law enforcement officers. ( (2) Report.-- (A) In general.--Not later than 60 days after the date of enactment of this Act, the Attorney General shall submit to Congress a report that includes a plan to execute a streamlined application process for grants under this section under which an eligible local government seeking a grant under this section can reasonably complete the application in not more than 2 hours. ( 3) Applications.--In selecting eligible local governments to receive grants under this section, the Director shall use the streamlined application process described in paragraph (2)(A). (f) Disclosure of Officer Recruitment and Retention Bonuses.-- (1) In general.--Not later than 60 days after the date on which an eligible local government that receives a grant under this section awards a signing or retention bonus described in paragraph (5) or (6) of subsection (e), the eligible local government shall disclose to the Director and make publicly available on a website of the eligible local government the amount of such bonus. ( B) Audits.--Beginning in the first fiscal year beginning after the date of enactment of this subsection, and in each fiscal year thereafter, the Inspector General of the Department of Justice shall conduct audits of recipients of grants under this section to prevent waste, fraud, and abuse of funds by grantees. (E) Reimbursement.--If an eligible local government is awarded grant funds under this section during the 2- fiscal-year period during which the eligible local government is barred from receiving grants under subparagraph (C), the Attorney General shall-- (i) deposit an amount equal to the amount of the grant funds that were improperly awarded to the grantee into the General Fund of the Treasury; and (ii) seek to recoup the costs of the repayment to the fund from the grant recipient that was erroneously awarded grant funds. ( h) Preventing Duplicative Grants.-- (1) In general.--Before the Director awards a grant to an eligible local government under this section, the Attorney General shall compare potential grant awards with other grants awarded by the Attorney General to determine if grant awards are or have been awarded for a similar purpose. ( (i) Funding.--In carrying out this section, the Director-- (1) shall use amounts otherwise made available to the Office; and (2) may use not more than $50,000,000 of such amounts for each of fiscal years 2023 through 2027. Passed the Senate August 1, 2022.

To establish a grant program to provide assistance to local governments with fewer than 200 law enforcement officers, and for other purposes. a) Definitions.--In this Act: (1) De-escalation training.--The term ``de-escalation training'' means training relating to taking action or communicating verbally or non-verbally during a potential force encounter in an attempt to stabilize the situation and reduce the immediacy of the threat so that more time, options, and resources can be called upon to resolve the situation without the use of force or with a reduction in the force necessary. ( (5) Office.--The term ``Office'' means the Office of Community Oriented Policing Services of the Department of Justice. ( c) Authority.--Not later than 120 days after the date of enactment of this Act, the Director shall award grants to eligible local governments as a part of the grant program established under subsection (b). ( (B) Contents of plan.--The plan required under subparagraph (A) may include a plan for-- (i) proactively providing eligible local governments seeking a grant under this section with information on the data such eligible local governments will need to prepare before beginning the grant application; and (ii) ensuring technical assistance is available for eligible local governments seeking a grant under this section before and during the grant application process, including through dedicated liaisons within the Office. ( 3) Applications.--In selecting eligible local governments to receive grants under this section, the Director shall use the streamlined application process described in paragraph (2)(A). (f) Disclosure of Officer Recruitment and Retention Bonuses.-- (1) In general.--Not later than 60 days after the date on which an eligible local government that receives a grant under this section awards a signing or retention bonus described in paragraph (5) or (6) of subsection (e), the eligible local government shall disclose to the Director and make publicly available on a website of the eligible local government the amount of such bonus. ( g) Grant Accountability.--All grants awarded by the Director under this section shall be subject to the following accountability provisions: (1) Audit requirement.-- (A) Definition.--In this paragraph, the term ``unresolved audit finding'' means a finding in the final audit report of the Inspector General of the Department of Justice that the audited grantee has used grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within 12 months from the date when the final audit report is issued. ( The Inspector General of the Department of Justice shall determine the appropriate number of grantees to be audited each year. ( C) Mandatory exclusion.--A recipient of grant funds under this section that is found to have an unresolved audit finding shall not be eligible to receive grant funds under this section during the first 2 fiscal years beginning after the end of the 12-month period described in subparagraph (A). ( h) Preventing Duplicative Grants.-- (1) In general.--Before the Director awards a grant to an eligible local government under this section, the Attorney General shall compare potential grant awards with other grants awarded by the Attorney General to determine if grant awards are or have been awarded for a similar purpose. (2) Report.--If the Attorney General awards grants to the same applicant for a similar purpose, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that includes-- (A) a list of all such grants awarded, including the total dollar amount of any such grants awarded; and (B) the reason the Attorney General awarded multiple grants to the same applicant for a similar purpose. ( Passed the Senate August 1, 2022.

To establish a grant program to provide assistance to local governments with fewer than 200 law enforcement officers, and for other purposes. 5) Office.--The term ``Office'' means the Office of Community Oriented Policing Services of the Department of Justice. ( b) Establishment.--There is established within the Office a grant program to-- (1) provide training and access to mental health resources to local law enforcement officers; and (2) improve the recruitment and retention of local law enforcement officers. ( (2) Report.-- (A) In general.--Not later than 60 days after the date of enactment of this Act, the Attorney General shall submit to Congress a report that includes a plan to execute a streamlined application process for grants under this section under which an eligible local government seeking a grant under this section can reasonably complete the application in not more than 2 hours. ( 3) Applications.--In selecting eligible local governments to receive grants under this section, the Director shall use the streamlined application process described in paragraph (2)(A). (f) Disclosure of Officer Recruitment and Retention Bonuses.-- (1) In general.--Not later than 60 days after the date on which an eligible local government that receives a grant under this section awards a signing or retention bonus described in paragraph (5) or (6) of subsection (e), the eligible local government shall disclose to the Director and make publicly available on a website of the eligible local government the amount of such bonus. ( B) Audits.--Beginning in the first fiscal year beginning after the date of enactment of this subsection, and in each fiscal year thereafter, the Inspector General of the Department of Justice shall conduct audits of recipients of grants under this section to prevent waste, fraud, and abuse of funds by grantees. (E) Reimbursement.--If an eligible local government is awarded grant funds under this section during the 2- fiscal-year period during which the eligible local government is barred from receiving grants under subparagraph (C), the Attorney General shall-- (i) deposit an amount equal to the amount of the grant funds that were improperly awarded to the grantee into the General Fund of the Treasury; and (ii) seek to recoup the costs of the repayment to the fund from the grant recipient that was erroneously awarded grant funds. ( h) Preventing Duplicative Grants.-- (1) In general.--Before the Director awards a grant to an eligible local government under this section, the Attorney General shall compare potential grant awards with other grants awarded by the Attorney General to determine if grant awards are or have been awarded for a similar purpose. ( (i) Funding.--In carrying out this section, the Director-- (1) shall use amounts otherwise made available to the Office; and (2) may use not more than $50,000,000 of such amounts for each of fiscal years 2023 through 2027. Passed the Senate August 1, 2022.

To establish a grant program to provide assistance to local governments with fewer than 200 law enforcement officers, and for other purposes. a) Definitions.--In this Act: (1) De-escalation training.--The term ``de-escalation training'' means training relating to taking action or communicating verbally or non-verbally during a potential force encounter in an attempt to stabilize the situation and reduce the immediacy of the threat so that more time, options, and resources can be called upon to resolve the situation without the use of force or with a reduction in the force necessary. ( (5) Office.--The term ``Office'' means the Office of Community Oriented Policing Services of the Department of Justice. ( c) Authority.--Not later than 120 days after the date of enactment of this Act, the Director shall award grants to eligible local governments as a part of the grant program established under subsection (b). ( (B) Contents of plan.--The plan required under subparagraph (A) may include a plan for-- (i) proactively providing eligible local governments seeking a grant under this section with information on the data such eligible local governments will need to prepare before beginning the grant application; and (ii) ensuring technical assistance is available for eligible local governments seeking a grant under this section before and during the grant application process, including through dedicated liaisons within the Office. ( 3) Applications.--In selecting eligible local governments to receive grants under this section, the Director shall use the streamlined application process described in paragraph (2)(A). (f) Disclosure of Officer Recruitment and Retention Bonuses.-- (1) In general.--Not later than 60 days after the date on which an eligible local government that receives a grant under this section awards a signing or retention bonus described in paragraph (5) or (6) of subsection (e), the eligible local government shall disclose to the Director and make publicly available on a website of the eligible local government the amount of such bonus. ( g) Grant Accountability.--All grants awarded by the Director under this section shall be subject to the following accountability provisions: (1) Audit requirement.-- (A) Definition.--In this paragraph, the term ``unresolved audit finding'' means a finding in the final audit report of the Inspector General of the Department of Justice that the audited grantee has used grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within 12 months from the date when the final audit report is issued. ( The Inspector General of the Department of Justice shall determine the appropriate number of grantees to be audited each year. ( C) Mandatory exclusion.--A recipient of grant funds under this section that is found to have an unresolved audit finding shall not be eligible to receive grant funds under this section during the first 2 fiscal years beginning after the end of the 12-month period described in subparagraph (A). ( h) Preventing Duplicative Grants.-- (1) In general.--Before the Director awards a grant to an eligible local government under this section, the Attorney General shall compare potential grant awards with other grants awarded by the Attorney General to determine if grant awards are or have been awarded for a similar purpose. (2) Report.--If the Attorney General awards grants to the same applicant for a similar purpose, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that includes-- (A) a list of all such grants awarded, including the total dollar amount of any such grants awarded; and (B) the reason the Attorney General awarded multiple grants to the same applicant for a similar purpose. ( Passed the Senate August 1, 2022.

To establish a grant program to provide assistance to local governments with fewer than 200 law enforcement officers, and for other purposes. 5) Office.--The term ``Office'' means the Office of Community Oriented Policing Services of the Department of Justice. ( b) Establishment.--There is established within the Office a grant program to-- (1) provide training and access to mental health resources to local law enforcement officers; and (2) improve the recruitment and retention of local law enforcement officers. ( (2) Report.-- (A) In general.--Not later than 60 days after the date of enactment of this Act, the Attorney General shall submit to Congress a report that includes a plan to execute a streamlined application process for grants under this section under which an eligible local government seeking a grant under this section can reasonably complete the application in not more than 2 hours. ( 3) Applications.--In selecting eligible local governments to receive grants under this section, the Director shall use the streamlined application process described in paragraph (2)(A). (f) Disclosure of Officer Recruitment and Retention Bonuses.-- (1) In general.--Not later than 60 days after the date on which an eligible local government that receives a grant under this section awards a signing or retention bonus described in paragraph (5) or (6) of subsection (e), the eligible local government shall disclose to the Director and make publicly available on a website of the eligible local government the amount of such bonus. ( B) Audits.--Beginning in the first fiscal year beginning after the date of enactment of this subsection, and in each fiscal year thereafter, the Inspector General of the Department of Justice shall conduct audits of recipients of grants under this section to prevent waste, fraud, and abuse of funds by grantees. (E) Reimbursement.--If an eligible local government is awarded grant funds under this section during the 2- fiscal-year period during which the eligible local government is barred from receiving grants under subparagraph (C), the Attorney General shall-- (i) deposit an amount equal to the amount of the grant funds that were improperly awarded to the grantee into the General Fund of the Treasury; and (ii) seek to recoup the costs of the repayment to the fund from the grant recipient that was erroneously awarded grant funds. ( h) Preventing Duplicative Grants.-- (1) In general.--Before the Director awards a grant to an eligible local government under this section, the Attorney General shall compare potential grant awards with other grants awarded by the Attorney General to determine if grant awards are or have been awarded for a similar purpose. ( (i) Funding.--In carrying out this section, the Director-- (1) shall use amounts otherwise made available to the Office; and (2) may use not more than $50,000,000 of such amounts for each of fiscal years 2023 through 2027. Passed the Senate August 1, 2022.

To establish a grant program to provide assistance to local governments with fewer than 200 law enforcement officers, and for other purposes. B) Contents of plan.--The plan required under subparagraph (A) may include a plan for-- (i) proactively providing eligible local governments seeking a grant under this section with information on the data such eligible local governments will need to prepare before beginning the grant application; and (ii) ensuring technical assistance is available for eligible local governments seeking a grant under this section before and during the grant application process, including through dedicated liaisons within the Office. ( (f) Disclosure of Officer Recruitment and Retention Bonuses.-- (1) In general.--Not later than 60 days after the date on which an eligible local government that receives a grant under this section awards a signing or retention bonus described in paragraph (5) or (6) of subsection (e), the eligible local government shall disclose to the Director and make publicly available on a website of the eligible local government the amount of such bonus. ( g) Grant Accountability.--All grants awarded by the Director under this section shall be subject to the following accountability provisions: (1) Audit requirement.-- (A) Definition.--In this paragraph, the term ``unresolved audit finding'' means a finding in the final audit report of the Inspector General of the Department of Justice that the audited grantee has used grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within 12 months from the date when the final audit report is issued. ( ( h) Preventing Duplicative Grants.-- (1) In general.--Before the Director awards a grant to an eligible local government under this section, the Attorney General shall compare potential grant awards with other grants awarded by the Attorney General to determine if grant awards are or have been awarded for a similar purpose. ( 2) Report.--If the Attorney General awards grants to the same applicant for a similar purpose, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that includes-- (A) a list of all such grants awarded, including the total dollar amount of any such grants awarded; and (B) the reason the Attorney General awarded multiple grants to the same applicant for a similar purpose. (

To establish a grant program to provide assistance to local governments with fewer than 200 law enforcement officers, and for other purposes. f) Disclosure of Officer Recruitment and Retention Bonuses.-- (1) In general.--Not later than 60 days after the date on which an eligible local government that receives a grant under this section awards a signing or retention bonus described in paragraph (5) or (6) of subsection (e), the eligible local government shall disclose to the Director and make publicly available on a website of the eligible local government the amount of such bonus. ( (E) Reimbursement.--If an eligible local government is awarded grant funds under this section during the 2- fiscal-year period during which the eligible local government is barred from receiving grants under subparagraph (C), the Attorney General shall-- (i) deposit an amount equal to the amount of the grant funds that were improperly awarded to the grantee into the General Fund of the Treasury; and (ii) seek to recoup the costs of the repayment to the fund from the grant recipient that was erroneously awarded grant funds. ( h) Preventing Duplicative Grants.-- (1) In general.--Before the Director awards a grant to an eligible local government under this section, the Attorney General shall compare potential grant awards with other grants awarded by the Attorney General to determine if grant awards are or have been awarded for a similar purpose. ( (

To establish a grant program to provide assistance to local governments with fewer than 200 law enforcement officers, and for other purposes. f) Disclosure of Officer Recruitment and Retention Bonuses.-- (1) In general.--Not later than 60 days after the date on which an eligible local government that receives a grant under this section awards a signing or retention bonus described in paragraph (5) or (6) of subsection (e), the eligible local government shall disclose to the Director and make publicly available on a website of the eligible local government the amount of such bonus. ( g) Grant Accountability.--All grants awarded by the Director under this section shall be subject to the following accountability provisions: (1) Audit requirement.-- (A) Definition.--In this paragraph, the term ``unresolved audit finding'' means a finding in the final audit report of the Inspector General of the Department of Justice that the audited grantee has used grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within 12 months from the date when the final audit report is issued. ( ( h) Preventing Duplicative Grants.-- (1) In general.--Before the Director awards a grant to an eligible local government under this section, the Attorney General shall compare potential grant awards with other grants awarded by the Attorney General to determine if grant awards are or have been awarded for a similar purpose. (

Invest to Protect Act of 2022 - Establishes within the Office of Community Oriented Policing Services of the Department of Justice (DOJ) a grant program to: (1) provide training and access to mental health resources to local law enforcement officers; and (2) improve the recruitment and retention of such officers. (Sec. 2) Directs the Director of the Office to Requires the Inspector General of the Department of Justice (DOJ) to conduct audits of recipients of DOJ grants to prevent waste, fraud, and abuse of funds by grantees. (Sec. 3) Requires the Director of the Office of the Independent Inspector General to give priority to eligible local governments that did not have an unresolved audit finding during the three fiscal years before submitting an application for a

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

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.

SHORT TITLE. 2. SENSE OF THE SENATE RELATING TO LOWERING ENERGY PRICES FOR AMERICAN FAMILIES. ); and (5) revising section 208 of Executive Order 14008 (86 Fed. 3. OIL AND GAS LEASING. 181 et seq.). or the Outer Continental Shelf Lands Act (43 U.S.C. 4. AUTHORIZATION OF KEYSTONE PIPELINE. Reg. (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). 5. FEDERAL SHARE OF CERTAIN OIL AND GAS PROJECTS. USE OF UNITED STATES WORKERS AND EQUIPMENT MANUFACTURED IN THE UNITED STATES. 7. (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. 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. 8. REPORTING AND RECORDKEEPING. (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. 9. SEC. GULF OF MEXICO OUTER CONTINENTAL SHELF REVENUES. 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.''. 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''. on or after the date of enactment of this Act.

SHORT TITLE. 2. SENSE OF THE SENATE RELATING TO LOWERING ENERGY PRICES FOR AMERICAN FAMILIES. ); and (5) revising section 208 of Executive Order 14008 (86 Fed. 3. OIL AND GAS LEASING. 181 et seq.). or the Outer Continental Shelf Lands Act (43 U.S.C. 4. AUTHORIZATION OF KEYSTONE PIPELINE. Reg. (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). 5. FEDERAL SHARE OF CERTAIN OIL AND GAS PROJECTS. USE OF UNITED STATES WORKERS AND EQUIPMENT MANUFACTURED IN THE UNITED STATES. 7. (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. 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. 8. REPORTING AND RECORDKEEPING. (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. 9. SEC. GULF OF MEXICO OUTER CONTINENTAL SHELF REVENUES. 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''. on or after the date of enactment of this Act.

SHORT TITLE. This Act may be cited as the ``Domestic Energy Crisis Relief Act''. 2. SENSE OF THE SENATE RELATING TO LOWERING ENERGY PRICES FOR AMERICAN FAMILIES. ); and (5) revising section 208 of Executive Order 14008 (86 Fed. 3. OIL AND GAS LEASING. 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. or the Outer Continental Shelf Lands Act (43 U.S.C. 4. AUTHORIZATION OF KEYSTONE PIPELINE. 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). 5. FEDERAL SHARE OF CERTAIN OIL AND GAS PROJECTS. (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. 6. USE OF UNITED STATES WORKERS AND EQUIPMENT MANUFACTURED IN THE UNITED STATES. 7. (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. 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. 8. REPORTING AND RECORDKEEPING. (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. 9. SEC. 10. GULF OF MEXICO OUTER CONTINENTAL SHELF REVENUES. 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.''. (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''. 905(g)(1)(A)) is amended by inserting after ``Payments to Social Security Trust Funds (28-0404-0-1-651).'' (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. on or after the date of enactment of this Act.

SHORT TITLE. This Act may be cited as the ``Domestic Energy Crisis Relief Act''. 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. ); and (5) revising section 208 of Executive Order 14008 (86 Fed. 3. OIL AND GAS LEASING. 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. or the Outer Continental Shelf Lands Act (43 U.S.C. 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. 4. AUTHORIZATION OF KEYSTONE PIPELINE. 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). 5. FEDERAL SHARE OF CERTAIN OIL AND GAS PROJECTS. (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. 6. USE OF UNITED STATES WORKERS AND EQUIPMENT MANUFACTURED IN THE UNITED STATES. 7. (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. 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. 8. REPORTING AND RECORDKEEPING. 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. 9. HIRING OF EMPLOYEES FOR IMPROVED OVERSIGHT AND ENFORCEMENT. SEC. 10. GULF OF MEXICO OUTER CONTINENTAL SHELF REVENUES. 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.''. (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''. 905(g)(1)(A)) is amended by inserting after ``Payments to Social Security Trust Funds (28-0404-0-1-651).'' (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. on or after the date of enactment of this Act.

To provide solutions to the United States energy crisis, and for other purposes. 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. (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.) (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. ( 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. 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. ( a) In General.--Section 4g of the Commodity Exchange Act (7 U.S.C. HIRING OF EMPLOYEES FOR IMPROVED OVERSIGHT AND ENFORCEMENT. 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. 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''. ( 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.)

To provide solutions to the United States energy crisis, and for other purposes. OIL AND GAS LEASING. ( 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.) (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. 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. (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. REPORTING AND RECORDKEEPING. ( 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. 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''. ( 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.)

To provide solutions to the United States energy crisis, and for other purposes. OIL AND GAS LEASING. ( 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.) (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. 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. (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. REPORTING AND RECORDKEEPING. ( 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. 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''. ( 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.)

To provide solutions to the United States energy crisis, and for other purposes. 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. (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.) (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. ( 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. 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. ( a) In General.--Section 4g of the Commodity Exchange Act (7 U.S.C. HIRING OF EMPLOYEES FOR IMPROVED OVERSIGHT AND ENFORCEMENT. 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. 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''. ( 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.)

To provide solutions to the United States energy crisis, and for other purposes. OIL AND GAS LEASING. ( 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.) (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. 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. (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. REPORTING AND RECORDKEEPING. ( 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. 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''. ( 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.)

To provide solutions to the United States energy crisis, and for other purposes. 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. (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.) (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. ( 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. 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. ( a) In General.--Section 4g of the Commodity Exchange Act (7 U.S.C. HIRING OF EMPLOYEES FOR IMPROVED OVERSIGHT AND ENFORCEMENT. 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. 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''. ( 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.)

To provide solutions to the United States energy crisis, and for other purposes. OIL AND GAS LEASING. ( 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.) (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. 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. (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. REPORTING AND RECORDKEEPING. ( 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. 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''. ( 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.)

To provide solutions to the United States energy crisis, and for other purposes. 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. (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.) (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. ( 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. 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. ( a) In General.--Section 4g of the Commodity Exchange Act (7 U.S.C. HIRING OF EMPLOYEES FOR IMPROVED OVERSIGHT AND ENFORCEMENT. 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. 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''. ( 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.)

To provide solutions to the United States energy crisis, and for other purposes. 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. ( 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.)

To provide solutions to the United States energy crisis, and for other purposes. 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.) ( 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''. ( 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.)

Domestic Energy Crisis Relief Act This bill expresses 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 Obama Administration that relate to domestic oil and gas development, including by: (1) supporting the development of additional oil and Amends the Balanced Budget and Emergency Deficit Control Act of 1985 to exempt from sequestration certain rentals, royalties, bonus bids, and other sums due and payable to the United States from leases entered into on or after October 1, 2000, for: (1) the 181 Area; (2) the 182 South Area; and (3) the 2002-2007 planning areas. (

H.R.7449

Government Operations and Politics

Digital Civil and Human Rights Act of 2022 This bill establishes prohibitions on the use of automated systems in a discriminatory manner. Specifically, the bill prohibits (1) a federal agency, U.S. court, or state, local, or tribal government from using any automated decision system that has a disparate impact on the basis of race, national origin, color, religion, disability, or sex; or (2) the use of automated systems with bias by the Department of Defense. Each federal agency must maintain on its public website a bias data sheet for each automated decision system used by such agency with the potential for a disparate impact on such bases. The bill prohibits a respondent, in connection with the selection or referral of applicants or candidates for employment or promotion, from using any automated decision system that has a disparate impact on the basis of race, color, religion, sex, or national origin. The bill prohibits places of public accommodation from using in their operations that affect commerce any decision system that has a disparate impact on the basis of race, color, religion, sex, or national origin. The bill requires (1) the Office of the Director of National Intelligence to submit to Congress a report on the use within the intelligence community of automated decision systems with an adverse distinction based on race, religion, sex, health, age, or any other similar criteria; and (2) the National Institute of Standards and Technology to develop, publish, and maintain standards for reporting bias in an automated decision system.

To establish prohibitions on the use of automated systems in a discriminatory manner, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Digital Civil and Human Rights Act of 2022''. SEC. 2. PROHIBITION OF DISCRIMINATORY USE OF AUTOMATED SYSTEMS. (a) In General.--No Federal agency, court of the United States, State government, local government, or tribal government may use any automated decision system that has a disparate impact on the basis of race, national origin, color, religion, disability, or sex. (b) Publicly Available Repository.--The head of each Federal agency shall maintain a site on the public website of the Federal agency that contains a bias datasheet for each automated decision system used by such Federal agency with the potential for a disparate impact on the bases established under subsection (a). (c) Definition.--In this section the term ``bias datasheet'' means a datasheet conforming to the standard published pursuant to section 22B of the National Institute of Standards and Technology Act. (d) Prohibition Against Discrimination or Segregation in Places of Public Accommodation.--Section 201 of the Civil Rights Act of 1964 (42 U.S.C. 2000a) is amended by adding at the end the following: ``(f) It shall be an unlawful practice for a place of public accommodation to use in its operations affecting commerce any automated decision system (as such term is defined in section 701) that has a disparate impact on the basis of race, color, religion, sex, or national origin.''. (e) Unlawful Employment Practices.--Section 703 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-2) is amended by adding at the end the following: ``(o) It shall be an unlawful employment practice for a respondent, in connection with the selection or referral of applicants or candidates for employment or promotion, to use any automated decision system that has a disparate impact on the basis of race, color, religion, sex, or national origin.''. (f) Definitions in Civil Rights Act of 1964.--Section 701 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-2) is amended by adding at the end the following: ``(o) The term `automated decision system' means any system, software, or process (including one derived from machine learning, statistics, or other data processing or artificial intelligence techniques and excluding passive computing infrastructure) that uses computation, the result of which serves as a basis for a decision or judgment. ``(p) The term `court of the United States' has the meaning given such term in section 451 of title 28, United States Code.''. (g) Rulemaking.--Not later than 1 year after the date of enactment of this Act, the head of each Federal agency, in coordination with the Director of the Office of Management and Budget, shall make rules to carry out this section and the amendments made by this section. SEC. 3. PROHIBITION OF BIAS IN USE OF AUTOMATED SYSTEMS BY THE DEPARTMENT OF DEFENSE. (a) In General.--Chapter 3 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 130l. Prohibition of use of automated systems with bias ``(a) In General.--None of the funds authorized to be appropriated or otherwise made available for any fiscal year for the Department of Defense may be used for the use of any automated decision system with any adverse distinction based on race, religion, sex, health, age, or any other similar criteria. ``(b) Publicly Available Repository.--Not later than one year after the effective date of this section, the Secretary of Defense shall maintain a site on the public website of the Department of Defense that contains a bias datasheet for each automated decision system used by the Department of Defense with the potential for an adverse distinction on the bases established under subsection (a). ``(c) Definitions.--In this section: ``(1) The term `automated decision system' has the meaning given such term in section 701 of the Civil Rights Act of 1964. ``(2) The term `adverse distinction' has the meaning given such term through the application of the Geneva Conventions and customary international law. ``(3) The term `bias datasheet' means a datasheet conforming to the standard published pursuant to section 22B of the National Institute of Standards and Technology Act and includes an addendum related to international law.''. (b) Report Required.-- (1) In general.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate congressional committees a report on the implementation of the amendments made by this section. (2) Elements.--The report required by subsection (b) shall include the following: (A) An accounting of regulations prescribed, revised, or withdrawn in the implementation of the prohibition created under subsection (a). (B) An identification and assessment of any automated decision systems used by the Department of Defense prior to the enactment of this Act which had an adverse distinction based on race, religion, sex, health, age, or any other similar criteria. (C) Recommendations for actions to affirm the same prohibition for all parties to the Geneva Conventions. (3) Form.--The report under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex. The unclassified portion of the report shall be posted on a publicly available website of the Department of Defense. (c) Definition.--In this section the term ``appropriate congressional committees'' means-- (1) the congressional defense committees; (2) the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate; and (3) the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives. (d) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 130k the following new item: ``130l. Prohibition of use of automated systems with bias.''. (e) Effective Date.--The amendments made by this section shall take effect on the date that is one year after the date of the enactment of this Act. SEC. 4. REPORT ON INTELLIGENCE COMMUNITY USE OF AUTOMATED DECISION SYSTEMS WITH BIAS. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the appropriate congressional committees a report on the use within the intelligence community of automated decision systems with an adverse distinction based on race, religion, sex, health, age, or any other similar criteria. (b) Elements.--The report required by subsection (a) shall include the following: (1) An accounting of the automated decision systems used by the intelligence community, excluding cyberspace operations, with the potential for an adverse distinction based on race, religion, sex, health, age, or any other similar criteria. (2) An assessment of any adverse distinctions based on race, religion, sex, health, age, or any other similar criteria. (3) An assessment of the impact of a prohibition within the intelligence community on automated decision systems with an adverse distinction based on race, religion, sex, health, age, or any other similar criteria. (4) An assessment of the programs and funding required to replace within the intelligence community any automated decision systems with an adverse distinction based on race, religion, sex, health, age, or any other similar criteria. (c) Form.--The report under subsection (a) may be submitted in classified form, but if so submitted shall include an unclassified executive summary. The unclassified portion of the report shall be posted on a publicly available website of the Office of the Director of National Intelligence. (d) Definition.--In this section: (1) The term ``appropriate congressional committees'' means-- (A) the congressional defense committees; (B) the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate; and (C) the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives. (2) The term ``intelligence community'' has the meaning given such term in section 3003(4) of title 50, United States Code. (3) The term ``automated decision system'' has the meaning given such term in section 701 of the Civil Rights Act of 1964. (4) The term ``adverse distinction'' has the meaning given such term through the application of the Geneva Conventions and customary international law. SEC. 5. ESTABLISHMENT OF DATASHEET STANDARDS ON AUTOMATED DECISION SYSTEM BIAS. (a) In General.--The National Institute of Standards and Technology Act (15 U.S.C. 271 et seq.) is amended by inserting after section 22A the following new section: ``SEC. 22B. AUTOMATED DECISION SYSTEM BIAS DATASHEETS. ``(a) In General.--The Director of the Institute, in consultation with such researchers, private sector industry experts, legal experts, and civil rights experts as the Director considers appropriate, shall develop, publish, and maintain standards for reporting bias in an automated decision system. ``(b) Elements.--The standards described in subsection (a) shall require the following: ``(1) An assessment of bias on the basis of race, national origin, color, religion, disability, sex, sexual orientation, or gender identity. ``(2) The source, size, and characteristics of any dataset used as the basis for the automated decision system. ``(3) The content is accessible and machine readable in accordance with the 21st Century Integrated Digital Experience Act (44 U.S.C. 3501 note). ``(4) Any other requirements as determined by the Director. ``(c) Definitions.--In this section the term `automated decision system' has the meaning given such term in section 701 of the Civil Rights Act of 1964.''. (b) Deadline for Implementation.--Not later than 18 months after the date of the enactment of this Act, the Director shall initially publish the standards required under subsection (a). <all>

Digital Civil and Human Rights Act of 2022

To establish prohibitions on the use of automated systems in a discriminatory manner, and for other purposes.

Digital Civil and Human Rights Act of 2022

Rep. Brown, Anthony G.

D

MD

This bill establishes prohibitions on the use of automated systems in a discriminatory manner. Specifically, the bill prohibits (1) a federal agency, U.S. court, or state, local, or tribal government from using any automated decision system that has a disparate impact on the basis of race, national origin, color, religion, disability, or sex; or (2) the use of automated systems with bias by the Department of Defense. Each federal agency must maintain on its public website a bias data sheet for each automated decision system used by such agency with the potential for a disparate impact on such bases. The bill prohibits a respondent, in connection with the selection or referral of applicants or candidates for employment or promotion, from using any automated decision system that has a disparate impact on the basis of race, color, religion, sex, or national origin. The bill prohibits places of public accommodation from using in their operations that affect commerce any decision system that has a disparate impact on the basis of race, color, religion, sex, or national origin. The bill requires (1) the Office of the Director of National Intelligence to submit to Congress a report on the use within the intelligence community of automated decision systems with an adverse distinction based on race, religion, sex, health, age, or any other similar criteria; and (2) the National Institute of Standards and Technology to develop, publish, and maintain standards for reporting bias in an automated decision system.

2. PROHIBITION OF DISCRIMINATORY USE OF AUTOMATED SYSTEMS. (b) Publicly Available Repository.--The head of each Federal agency shall maintain a site on the public website of the Federal agency that contains a bias datasheet for each automated decision system used by such Federal agency with the potential for a disparate impact on the bases established under subsection (a). 2000e-2) is amended by adding at the end the following: ``(o) It shall be an unlawful employment practice for a respondent, in connection with the selection or referral of applicants or candidates for employment or promotion, to use any automated decision system that has a disparate impact on the basis of race, color, religion, sex, or national origin.''. 3. PROHIBITION OF BIAS IN USE OF AUTOMATED SYSTEMS BY THE DEPARTMENT OF DEFENSE. (a) In General.--Chapter 3 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 130l. (C) Recommendations for actions to affirm the same prohibition for all parties to the Geneva Conventions. (d) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 130k the following new item: ``130l. (e) Effective Date.--The amendments made by this section shall take effect on the date that is one year after the date of the enactment of this Act. 4. REPORT ON INTELLIGENCE COMMUNITY USE OF AUTOMATED DECISION SYSTEMS WITH BIAS. (2) An assessment of any adverse distinctions based on race, religion, sex, health, age, or any other similar criteria. (c) Form.--The report under subsection (a) may be submitted in classified form, but if so submitted shall include an unclassified executive summary. The unclassified portion of the report shall be posted on a publicly available website of the Office of the Director of National Intelligence. (d) Definition.--In this section: (1) The term ``appropriate congressional committees'' means-- (A) the congressional defense committees; (B) the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate; and (C) the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives. (4) The term ``adverse distinction'' has the meaning given such term through the application of the Geneva Conventions and customary international law. SEC. 5. (a) In General.--The National Institute of Standards and Technology Act (15 U.S.C. 271 et seq.) 22B. AUTOMATED DECISION SYSTEM BIAS DATASHEETS. ``(3) The content is accessible and machine readable in accordance with the 21st Century Integrated Digital Experience Act (44 U.S.C. 3501 note). ``(c) Definitions.--In this section the term `automated decision system' has the meaning given such term in section 701 of the Civil Rights Act of 1964.''. (b) Deadline for Implementation.--Not later than 18 months after the date of the enactment of this Act, the Director shall initially publish the standards required under subsection (a).

2. PROHIBITION OF DISCRIMINATORY USE OF AUTOMATED SYSTEMS. (b) Publicly Available Repository.--The head of each Federal agency shall maintain a site on the public website of the Federal agency that contains a bias datasheet for each automated decision system used by such Federal agency with the potential for a disparate impact on the bases established under subsection (a). 3. (a) In General.--Chapter 3 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 130l. (C) Recommendations for actions to affirm the same prohibition for all parties to the Geneva Conventions. (e) Effective Date.--The amendments made by this section shall take effect on the date that is one year after the date of the enactment of this Act. 4. (2) An assessment of any adverse distinctions based on race, religion, sex, health, age, or any other similar criteria. (c) Form.--The report under subsection (a) may be submitted in classified form, but if so submitted shall include an unclassified executive summary. The unclassified portion of the report shall be posted on a publicly available website of the Office of the Director of National Intelligence. (d) Definition.--In this section: (1) The term ``appropriate congressional committees'' means-- (A) the congressional defense committees; (B) the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate; and (C) the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives. SEC. (a) In General.--The National Institute of Standards and Technology Act (15 U.S.C. 22B. AUTOMATED DECISION SYSTEM BIAS DATASHEETS. ``(c) Definitions.--In this section the term `automated decision system' has the meaning given such term in section 701 of the Civil Rights Act of 1964.''. (b) Deadline for Implementation.--Not later than 18 months after the date of the enactment of this Act, the Director shall initially publish the standards required under subsection (a).

SHORT TITLE. 2. PROHIBITION OF DISCRIMINATORY USE OF AUTOMATED SYSTEMS. (a) In General.--No Federal agency, court of the United States, State government, local government, or tribal government may use any automated decision system that has a disparate impact on the basis of race, national origin, color, religion, disability, or sex. (b) Publicly Available Repository.--The head of each Federal agency shall maintain a site on the public website of the Federal agency that contains a bias datasheet for each automated decision system used by such Federal agency with the potential for a disparate impact on the bases established under subsection (a). (d) Prohibition Against Discrimination or Segregation in Places of Public Accommodation.--Section 201 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-2) is amended by adding at the end the following: ``(o) It shall be an unlawful employment practice for a respondent, in connection with the selection or referral of applicants or candidates for employment or promotion, to use any automated decision system that has a disparate impact on the basis of race, color, religion, sex, or national origin.''. 2000e-2) is amended by adding at the end the following: ``(o) The term `automated decision system' means any system, software, or process (including one derived from machine learning, statistics, or other data processing or artificial intelligence techniques and excluding passive computing infrastructure) that uses computation, the result of which serves as a basis for a decision or judgment. 3. PROHIBITION OF BIAS IN USE OF AUTOMATED SYSTEMS BY THE DEPARTMENT OF DEFENSE. (a) In General.--Chapter 3 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 130l. ``(3) The term `bias datasheet' means a datasheet conforming to the standard published pursuant to section 22B of the National Institute of Standards and Technology Act and includes an addendum related to international law.''. (2) Elements.--The report required by subsection (b) shall include the following: (A) An accounting of regulations prescribed, revised, or withdrawn in the implementation of the prohibition created under subsection (a). (C) Recommendations for actions to affirm the same prohibition for all parties to the Geneva Conventions. (d) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 130k the following new item: ``130l. (e) Effective Date.--The amendments made by this section shall take effect on the date that is one year after the date of the enactment of this Act. 4. REPORT ON INTELLIGENCE COMMUNITY USE OF AUTOMATED DECISION SYSTEMS WITH BIAS. (2) An assessment of any adverse distinctions based on race, religion, sex, health, age, or any other similar criteria. (c) Form.--The report under subsection (a) may be submitted in classified form, but if so submitted shall include an unclassified executive summary. The unclassified portion of the report shall be posted on a publicly available website of the Office of the Director of National Intelligence. (d) Definition.--In this section: (1) The term ``appropriate congressional committees'' means-- (A) the congressional defense committees; (B) the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate; and (C) the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives. (4) The term ``adverse distinction'' has the meaning given such term through the application of the Geneva Conventions and customary international law. SEC. 5. (a) In General.--The National Institute of Standards and Technology Act (15 U.S.C. 271 et seq.) 22B. AUTOMATED DECISION SYSTEM BIAS DATASHEETS. ``(a) In General.--The Director of the Institute, in consultation with such researchers, private sector industry experts, legal experts, and civil rights experts as the Director considers appropriate, shall develop, publish, and maintain standards for reporting bias in an automated decision system. ``(2) The source, size, and characteristics of any dataset used as the basis for the automated decision system. ``(3) The content is accessible and machine readable in accordance with the 21st Century Integrated Digital Experience Act (44 U.S.C. 3501 note). ``(4) Any other requirements as determined by the Director. ``(c) Definitions.--In this section the term `automated decision system' has the meaning given such term in section 701 of the Civil Rights Act of 1964.''. (b) Deadline for Implementation.--Not later than 18 months after the date of the enactment of this Act, the Director shall initially publish the standards required under subsection (a).

To establish prohibitions on the use of automated systems in a discriminatory manner, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Digital Civil and Human Rights Act of 2022''. 2. PROHIBITION OF DISCRIMINATORY USE OF AUTOMATED SYSTEMS. (a) In General.--No Federal agency, court of the United States, State government, local government, or tribal government may use any automated decision system that has a disparate impact on the basis of race, national origin, color, religion, disability, or sex. (b) Publicly Available Repository.--The head of each Federal agency shall maintain a site on the public website of the Federal agency that contains a bias datasheet for each automated decision system used by such Federal agency with the potential for a disparate impact on the bases established under subsection (a). (d) Prohibition Against Discrimination or Segregation in Places of Public Accommodation.--Section 201 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-2) is amended by adding at the end the following: ``(o) It shall be an unlawful employment practice for a respondent, in connection with the selection or referral of applicants or candidates for employment or promotion, to use any automated decision system that has a disparate impact on the basis of race, color, religion, sex, or national origin.''. 2000e-2) is amended by adding at the end the following: ``(o) The term `automated decision system' means any system, software, or process (including one derived from machine learning, statistics, or other data processing or artificial intelligence techniques and excluding passive computing infrastructure) that uses computation, the result of which serves as a basis for a decision or judgment. (g) Rulemaking.--Not later than 1 year after the date of enactment of this Act, the head of each Federal agency, in coordination with the Director of the Office of Management and Budget, shall make rules to carry out this section and the amendments made by this section. 3. PROHIBITION OF BIAS IN USE OF AUTOMATED SYSTEMS BY THE DEPARTMENT OF DEFENSE. (a) In General.--Chapter 3 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 130l. ``(3) The term `bias datasheet' means a datasheet conforming to the standard published pursuant to section 22B of the National Institute of Standards and Technology Act and includes an addendum related to international law.''. (b) Report Required.-- (1) In general.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate congressional committees a report on the implementation of the amendments made by this section. (2) Elements.--The report required by subsection (b) shall include the following: (A) An accounting of regulations prescribed, revised, or withdrawn in the implementation of the prohibition created under subsection (a). (C) Recommendations for actions to affirm the same prohibition for all parties to the Geneva Conventions. (d) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 130k the following new item: ``130l. (e) Effective Date.--The amendments made by this section shall take effect on the date that is one year after the date of the enactment of this Act. 4. REPORT ON INTELLIGENCE COMMUNITY USE OF AUTOMATED DECISION SYSTEMS WITH BIAS. (2) An assessment of any adverse distinctions based on race, religion, sex, health, age, or any other similar criteria. (4) An assessment of the programs and funding required to replace within the intelligence community any automated decision systems with an adverse distinction based on race, religion, sex, health, age, or any other similar criteria. (c) Form.--The report under subsection (a) may be submitted in classified form, but if so submitted shall include an unclassified executive summary. The unclassified portion of the report shall be posted on a publicly available website of the Office of the Director of National Intelligence. (d) Definition.--In this section: (1) The term ``appropriate congressional committees'' means-- (A) the congressional defense committees; (B) the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate; and (C) the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives. (4) The term ``adverse distinction'' has the meaning given such term through the application of the Geneva Conventions and customary international law. SEC. 5. (a) In General.--The National Institute of Standards and Technology Act (15 U.S.C. 271 et seq.) 22B. AUTOMATED DECISION SYSTEM BIAS DATASHEETS. ``(a) In General.--The Director of the Institute, in consultation with such researchers, private sector industry experts, legal experts, and civil rights experts as the Director considers appropriate, shall develop, publish, and maintain standards for reporting bias in an automated decision system. ``(b) Elements.--The standards described in subsection (a) shall require the following: ``(1) An assessment of bias on the basis of race, national origin, color, religion, disability, sex, sexual orientation, or gender identity. ``(2) The source, size, and characteristics of any dataset used as the basis for the automated decision system. ``(3) The content is accessible and machine readable in accordance with the 21st Century Integrated Digital Experience Act (44 U.S.C. 3501 note). ``(4) Any other requirements as determined by the Director. ``(c) Definitions.--In this section the term `automated decision system' has the meaning given such term in section 701 of the Civil Rights Act of 1964.''. (b) Deadline for Implementation.--Not later than 18 months after the date of the enactment of this Act, the Director shall initially publish the standards required under subsection (a).

To establish prohibitions on the use of automated systems in a discriminatory manner, and for other purposes. c) Definition.--In this section the term ``bias datasheet'' means a datasheet conforming to the standard published pursuant to section 22B of the National Institute of Standards and Technology Act. ( 2000a) is amended by adding at the end the following: ``(f) It shall be an unlawful practice for a place of public accommodation to use in its operations affecting commerce any automated decision system (as such term is defined in section 701) that has a disparate impact on the basis of race, color, religion, sex, or national origin.''. ( e) Unlawful Employment Practices.--Section 703 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-2) is amended by adding at the end the following: ``(o) It shall be an unlawful employment practice for a respondent, in connection with the selection or referral of applicants or candidates for employment or promotion, to use any automated decision system that has a disparate impact on the basis of race, color, religion, sex, or national origin.''. ( (g) Rulemaking.--Not later than 1 year after the date of enactment of this Act, the head of each Federal agency, in coordination with the Director of the Office of Management and Budget, shall make rules to carry out this section and the amendments made by this section. ``(b) Publicly Available Repository.--Not later than one year after the effective date of this section, the Secretary of Defense shall maintain a site on the public website of the Department of Defense that contains a bias datasheet for each automated decision system used by the Department of Defense with the potential for an adverse distinction on the bases established under subsection (a). ``(2) The term `adverse distinction' has the meaning given such term through the application of the Geneva Conventions and customary international law. B) An identification and assessment of any automated decision systems used by the Department of Defense prior to the enactment of this Act which had an adverse distinction based on race, religion, sex, health, age, or any other similar criteria. ( (c) Definition.--In this section the term ``appropriate congressional committees'' means-- (1) the congressional defense committees; (2) the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate; and (3) the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives. ( b) Elements.--The report required by subsection (a) shall include the following: (1) An accounting of the automated decision systems used by the intelligence community, excluding cyberspace operations, with the potential for an adverse distinction based on race, religion, sex, health, age, or any other similar criteria. (2) An assessment of any adverse distinctions based on race, religion, sex, health, age, or any other similar criteria. ( d) Definition.--In this section: (1) The term ``appropriate congressional committees'' means-- (A) the congressional defense committees; (B) the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate; and (C) the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives. ( ESTABLISHMENT OF DATASHEET STANDARDS ON AUTOMATED DECISION SYSTEM BIAS. ( ``(2) The source, size, and characteristics of any dataset used as the basis for the automated decision system. ``(3) The content is accessible and machine readable in accordance with the 21st Century Integrated Digital Experience Act (44 U.S.C. 3501 note).

To establish prohibitions on the use of automated systems in a discriminatory manner, and for other purposes. e) Unlawful Employment Practices.--Section 703 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-2) is amended by adding at the end the following: ``(o) It shall be an unlawful employment practice for a respondent, in connection with the selection or referral of applicants or candidates for employment or promotion, to use any automated decision system that has a disparate impact on the basis of race, color, religion, sex, or national origin.''. ( 2000e-2) is amended by adding at the end the following: ``(o) The term `automated decision system' means any system, software, or process (including one derived from machine learning, statistics, or other data processing or artificial intelligence techniques and excluding passive computing infrastructure) that uses computation, the result of which serves as a basis for a decision or judgment. ``(b) Publicly Available Repository.--Not later than one year after the effective date of this section, the Secretary of Defense shall maintain a site on the public website of the Department of Defense that contains a bias datasheet for each automated decision system used by the Department of Defense with the potential for an adverse distinction on the bases established under subsection (a). (b) Report Required.-- (1) In general.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate congressional committees a report on the implementation of the amendments made by this section. ( e) Effective Date.--The amendments made by this section shall take effect on the date that is one year after the date of the enactment of this Act. a) In General.--Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the appropriate congressional committees a report on the use within the intelligence community of automated decision systems with an adverse distinction based on race, religion, sex, health, age, or any other similar criteria. (b) Elements.--The report required by subsection (a) shall include the following: (1) An accounting of the automated decision systems used by the intelligence community, excluding cyberspace operations, with the potential for an adverse distinction based on race, religion, sex, health, age, or any other similar criteria. ( 4) An assessment of the programs and funding required to replace within the intelligence community any automated decision systems with an adverse distinction based on race, religion, sex, health, age, or any other similar criteria. ( d) Definition.--In this section: (1) The term ``appropriate congressional committees'' means-- (A) the congressional defense committees; (B) the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate; and (C) the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives. ( ``(a) In General.--The Director of the Institute, in consultation with such researchers, private sector industry experts, legal experts, and civil rights experts as the Director considers appropriate, shall develop, publish, and maintain standards for reporting bias in an automated decision system. ``(3) The content is accessible and machine readable in accordance with the 21st Century Integrated Digital Experience Act (44 U.S.C. 3501 note).

To establish prohibitions on the use of automated systems in a discriminatory manner, and for other purposes. e) Unlawful Employment Practices.--Section 703 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-2) is amended by adding at the end the following: ``(o) It shall be an unlawful employment practice for a respondent, in connection with the selection or referral of applicants or candidates for employment or promotion, to use any automated decision system that has a disparate impact on the basis of race, color, religion, sex, or national origin.''. ( 2000e-2) is amended by adding at the end the following: ``(o) The term `automated decision system' means any system, software, or process (including one derived from machine learning, statistics, or other data processing or artificial intelligence techniques and excluding passive computing infrastructure) that uses computation, the result of which serves as a basis for a decision or judgment. ``(b) Publicly Available Repository.--Not later than one year after the effective date of this section, the Secretary of Defense shall maintain a site on the public website of the Department of Defense that contains a bias datasheet for each automated decision system used by the Department of Defense with the potential for an adverse distinction on the bases established under subsection (a). (b) Report Required.-- (1) In general.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate congressional committees a report on the implementation of the amendments made by this section. ( e) Effective Date.--The amendments made by this section shall take effect on the date that is one year after the date of the enactment of this Act. a) In General.--Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the appropriate congressional committees a report on the use within the intelligence community of automated decision systems with an adverse distinction based on race, religion, sex, health, age, or any other similar criteria. (b) Elements.--The report required by subsection (a) shall include the following: (1) An accounting of the automated decision systems used by the intelligence community, excluding cyberspace operations, with the potential for an adverse distinction based on race, religion, sex, health, age, or any other similar criteria. ( 4) An assessment of the programs and funding required to replace within the intelligence community any automated decision systems with an adverse distinction based on race, religion, sex, health, age, or any other similar criteria. ( d) Definition.--In this section: (1) The term ``appropriate congressional committees'' means-- (A) the congressional defense committees; (B) the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate; and (C) the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives. ( ``(a) In General.--The Director of the Institute, in consultation with such researchers, private sector industry experts, legal experts, and civil rights experts as the Director considers appropriate, shall develop, publish, and maintain standards for reporting bias in an automated decision system. ``(3) The content is accessible and machine readable in accordance with the 21st Century Integrated Digital Experience Act (44 U.S.C. 3501 note).

To establish prohibitions on the use of automated systems in a discriminatory manner, and for other purposes. c) Definition.--In this section the term ``bias datasheet'' means a datasheet conforming to the standard published pursuant to section 22B of the National Institute of Standards and Technology Act. ( 2000a) is amended by adding at the end the following: ``(f) It shall be an unlawful practice for a place of public accommodation to use in its operations affecting commerce any automated decision system (as such term is defined in section 701) that has a disparate impact on the basis of race, color, religion, sex, or national origin.''. ( e) Unlawful Employment Practices.--Section 703 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-2) is amended by adding at the end the following: ``(o) It shall be an unlawful employment practice for a respondent, in connection with the selection or referral of applicants or candidates for employment or promotion, to use any automated decision system that has a disparate impact on the basis of race, color, religion, sex, or national origin.''. ( (g) Rulemaking.--Not later than 1 year after the date of enactment of this Act, the head of each Federal agency, in coordination with the Director of the Office of Management and Budget, shall make rules to carry out this section and the amendments made by this section. ``(b) Publicly Available Repository.--Not later than one year after the effective date of this section, the Secretary of Defense shall maintain a site on the public website of the Department of Defense that contains a bias datasheet for each automated decision system used by the Department of Defense with the potential for an adverse distinction on the bases established under subsection (a). ``(2) The term `adverse distinction' has the meaning given such term through the application of the Geneva Conventions and customary international law. B) An identification and assessment of any automated decision systems used by the Department of Defense prior to the enactment of this Act which had an adverse distinction based on race, religion, sex, health, age, or any other similar criteria. ( (c) Definition.--In this section the term ``appropriate congressional committees'' means-- (1) the congressional defense committees; (2) the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate; and (3) the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives. ( b) Elements.--The report required by subsection (a) shall include the following: (1) An accounting of the automated decision systems used by the intelligence community, excluding cyberspace operations, with the potential for an adverse distinction based on race, religion, sex, health, age, or any other similar criteria. (2) An assessment of any adverse distinctions based on race, religion, sex, health, age, or any other similar criteria. ( d) Definition.--In this section: (1) The term ``appropriate congressional committees'' means-- (A) the congressional defense committees; (B) the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate; and (C) the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives. ( ESTABLISHMENT OF DATASHEET STANDARDS ON AUTOMATED DECISION SYSTEM BIAS. ( ``(2) The source, size, and characteristics of any dataset used as the basis for the automated decision system. ``(3) The content is accessible and machine readable in accordance with the 21st Century Integrated Digital Experience Act (44 U.S.C. 3501 note).

To establish prohibitions on the use of automated systems in a discriminatory manner, and for other purposes. e) Unlawful Employment Practices.--Section 703 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-2) is amended by adding at the end the following: ``(o) It shall be an unlawful employment practice for a respondent, in connection with the selection or referral of applicants or candidates for employment or promotion, to use any automated decision system that has a disparate impact on the basis of race, color, religion, sex, or national origin.''. ( 2000e-2) is amended by adding at the end the following: ``(o) The term `automated decision system' means any system, software, or process (including one derived from machine learning, statistics, or other data processing or artificial intelligence techniques and excluding passive computing infrastructure) that uses computation, the result of which serves as a basis for a decision or judgment. ``(b) Publicly Available Repository.--Not later than one year after the effective date of this section, the Secretary of Defense shall maintain a site on the public website of the Department of Defense that contains a bias datasheet for each automated decision system used by the Department of Defense with the potential for an adverse distinction on the bases established under subsection (a). (b) Report Required.-- (1) In general.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate congressional committees a report on the implementation of the amendments made by this section. ( e) Effective Date.--The amendments made by this section shall take effect on the date that is one year after the date of the enactment of this Act. a) In General.--Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the appropriate congressional committees a report on the use within the intelligence community of automated decision systems with an adverse distinction based on race, religion, sex, health, age, or any other similar criteria. (b) Elements.--The report required by subsection (a) shall include the following: (1) An accounting of the automated decision systems used by the intelligence community, excluding cyberspace operations, with the potential for an adverse distinction based on race, religion, sex, health, age, or any other similar criteria. ( 4) An assessment of the programs and funding required to replace within the intelligence community any automated decision systems with an adverse distinction based on race, religion, sex, health, age, or any other similar criteria. ( d) Definition.--In this section: (1) The term ``appropriate congressional committees'' means-- (A) the congressional defense committees; (B) the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate; and (C) the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives. ( ``(a) In General.--The Director of the Institute, in consultation with such researchers, private sector industry experts, legal experts, and civil rights experts as the Director considers appropriate, shall develop, publish, and maintain standards for reporting bias in an automated decision system. ``(3) The content is accessible and machine readable in accordance with the 21st Century Integrated Digital Experience Act (44 U.S.C. 3501 note).

To establish prohibitions on the use of automated systems in a discriminatory manner, and for other purposes. c) Definition.--In this section the term ``bias datasheet'' means a datasheet conforming to the standard published pursuant to section 22B of the National Institute of Standards and Technology Act. ( 2000a) is amended by adding at the end the following: ``(f) It shall be an unlawful practice for a place of public accommodation to use in its operations affecting commerce any automated decision system (as such term is defined in section 701) that has a disparate impact on the basis of race, color, religion, sex, or national origin.''. ( e) Unlawful Employment Practices.--Section 703 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-2) is amended by adding at the end the following: ``(o) It shall be an unlawful employment practice for a respondent, in connection with the selection or referral of applicants or candidates for employment or promotion, to use any automated decision system that has a disparate impact on the basis of race, color, religion, sex, or national origin.''. ( (g) Rulemaking.--Not later than 1 year after the date of enactment of this Act, the head of each Federal agency, in coordination with the Director of the Office of Management and Budget, shall make rules to carry out this section and the amendments made by this section. ``(b) Publicly Available Repository.--Not later than one year after the effective date of this section, the Secretary of Defense shall maintain a site on the public website of the Department of Defense that contains a bias datasheet for each automated decision system used by the Department of Defense with the potential for an adverse distinction on the bases established under subsection (a). ``(2) The term `adverse distinction' has the meaning given such term through the application of the Geneva Conventions and customary international law. B) An identification and assessment of any automated decision systems used by the Department of Defense prior to the enactment of this Act which had an adverse distinction based on race, religion, sex, health, age, or any other similar criteria. ( (c) Definition.--In this section the term ``appropriate congressional committees'' means-- (1) the congressional defense committees; (2) the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate; and (3) the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives. ( b) Elements.--The report required by subsection (a) shall include the following: (1) An accounting of the automated decision systems used by the intelligence community, excluding cyberspace operations, with the potential for an adverse distinction based on race, religion, sex, health, age, or any other similar criteria. (2) An assessment of any adverse distinctions based on race, religion, sex, health, age, or any other similar criteria. ( d) Definition.--In this section: (1) The term ``appropriate congressional committees'' means-- (A) the congressional defense committees; (B) the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate; and (C) the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives. ( ESTABLISHMENT OF DATASHEET STANDARDS ON AUTOMATED DECISION SYSTEM BIAS. ( ``(2) The source, size, and characteristics of any dataset used as the basis for the automated decision system. ``(3) The content is accessible and machine readable in accordance with the 21st Century Integrated Digital Experience Act (44 U.S.C. 3501 note).

To establish prohibitions on the use of automated systems in a discriminatory manner, and for other purposes. a) In General.--Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the appropriate congressional committees a report on the use within the intelligence community of automated decision systems with an adverse distinction based on race, religion, sex, health, age, or any other similar criteria. (b) Elements.--The report required by subsection (a) shall include the following: (1) An accounting of the automated decision systems used by the intelligence community, excluding cyberspace operations, with the potential for an adverse distinction based on race, religion, sex, health, age, or any other similar criteria. ( d) Definition.--In this section: (1) The term ``appropriate congressional committees'' means-- (A) the congressional defense committees; (B) the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate; and (C) the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives. (

To establish prohibitions on the use of automated systems in a discriminatory manner, and for other purposes. e) Unlawful Employment Practices.--Section 703 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-2) is amended by adding at the end the following: ``(o) It shall be an unlawful employment practice for a respondent, in connection with the selection or referral of applicants or candidates for employment or promotion, to use any automated decision system that has a disparate impact on the basis of race, color, religion, sex, or national origin.''. ( ( ``(b) Publicly Available Repository.--Not later than one year after the effective date of this section, the Secretary of Defense shall maintain a site on the public website of the Department of Defense that contains a bias datasheet for each automated decision system used by the Department of Defense with the potential for an adverse distinction on the bases established under subsection (a). b) Elements.--The report required by subsection (a) shall include the following: (1) An accounting of the automated decision systems used by the intelligence community, excluding cyberspace operations, with the potential for an adverse distinction based on race, religion, sex, health, age, or any other similar criteria. ( ( d) Definition.--In this section: (1) The term ``appropriate congressional committees'' means-- (A) the congressional defense committees; (B) the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate; and (C) the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives. ( ``(2) The source, size, and characteristics of any dataset used as the basis for the automated decision system.

To establish prohibitions on the use of automated systems in a discriminatory manner, and for other purposes. a) In General.--Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the appropriate congressional committees a report on the use within the intelligence community of automated decision systems with an adverse distinction based on race, religion, sex, health, age, or any other similar criteria. (b) Elements.--The report required by subsection (a) shall include the following: (1) An accounting of the automated decision systems used by the intelligence community, excluding cyberspace operations, with the potential for an adverse distinction based on race, religion, sex, health, age, or any other similar criteria. ( d) Definition.--In this section: (1) The term ``appropriate congressional committees'' means-- (A) the congressional defense committees; (B) the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate; and (C) the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives. (

To establish prohibitions on the use of automated systems in a discriminatory manner, and for other purposes. e) Unlawful Employment Practices.--Section 703 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-2) is amended by adding at the end the following: ``(o) It shall be an unlawful employment practice for a respondent, in connection with the selection or referral of applicants or candidates for employment or promotion, to use any automated decision system that has a disparate impact on the basis of race, color, religion, sex, or national origin.''. ( ( ``(b) Publicly Available Repository.--Not later than one year after the effective date of this section, the Secretary of Defense shall maintain a site on the public website of the Department of Defense that contains a bias datasheet for each automated decision system used by the Department of Defense with the potential for an adverse distinction on the bases established under subsection (a). b) Elements.--The report required by subsection (a) shall include the following: (1) An accounting of the automated decision systems used by the intelligence community, excluding cyberspace operations, with the potential for an adverse distinction based on race, religion, sex, health, age, or any other similar criteria. ( ( d) Definition.--In this section: (1) The term ``appropriate congressional committees'' means-- (A) the congressional defense committees; (B) the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate; and (C) the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives. ( ``(2) The source, size, and characteristics of any dataset used as the basis for the automated decision system.

Digital Civil and Human Rights Act of 2022 - Amends the Civil Rights Act and the Federal Employees' Retirement System Act to prohibit any federal agency, court, state government, local government, or tribal government from using any automated decision system that has a disparate impact on the basis of race, national origin, color, religion, disability, or sex. (Currently, such a system may be Amends the National Institute of Standards and Technology Act to direct the Director of the Institute, in consultation with such researchers, private sector industry experts, legal experts, and civil rights experts as the Director considers appropriate, to develop, publish, and maintain standards for reporting bias in an automated decision system. Requires the standards to require: (1) an assessment of bias on the basis of race

H.R.3056

International Affairs

Turkey and Ecumenical Patriarchate Religious Freedom Act of 2021 This bill requires reports on religious freedom in Turkey. The Department of State must report to Congress on the State Department's policy for promoting religious freedom in Turkey. If the U.S. Commission on International Religious Freedom recommends putting Turkey on the State Department's special watch list of countries that engage in or tolerate severe violations of religious freedom but the State Department does not do so, the President must report to Congress a justification for the decision. The President shall not have to make this report if Turkey is added to the special watch list or designated a country of particular concern for religious freedom.

To oppose violations of religious freedom in Turkey by the Government of Turkey and to safeguard the rights and religious freedoms of the Ecumenical Patriarchate. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Turkey and Ecumenical Patriarchate Religious Freedom Act of 2021''. SEC. 2. FINDINGS. Congress finds the following: (1) The promotion and protection of the universally recognized right to the freedom of religion is a priority of United States foreign policy as stated in section 402 of the International Religious Freedom Act of 1998 (22 U.S.C. 6442). (2) The Ecumenical Patriarchate is the spiritual home of the world's oldest and second largest Christian Church. (3) Within the 2,000-year-old Sacred See of the Ecumenical Patriarchate, the New Testament was codified and the Nicene Creed was created. (4) Ecumenical Patriarch Bartholomew is one of the world's preeminent spiritual leaders and peacemakers representing over 300 million Orthodox Christians worldwide. (5) The disappearance of the See would mean the end of a crucial link between the Christian and the Muslim world since the continuing presence of the Ecumenical Patriarchate in Turkey is a living testimony of religious co-existence since 1453. (6) The Ecumenical Patriarch has direct jurisdiction over the Greek Orthodox Archdiocese of America and thus is the spiritual and ecclesiastical leader of its 1.5 million adherents. (7) The Ecumenical Patriarch is, in a sense, also an American spiritual leader and should be afforded the protections of an American spiritual leader. (8) Ecumenical Patriarch Bartholomew was awarded the Congressional Gold Medal, the highest award bestowed by the United States Congress, and he coordinated with religious leaders around the world to issue a condemnation of the September 11, 2001, attacks on the United States as an anti- religious act. (9) The Ecumenical Patriarchate has a record of reaching out and working for peace and reconciliation amongst all faiths and has fostered dialogue among Christians, Jews, and Muslims. (10) The Ecumenical Patriarchate co-sponsored the Peace and Tolerance Conference in Istanbul which issued the Bosphorus Declaration that stated, ``A crime committed in the name of religion is a crime against religion.''. (11) Ecumenical Patriarch Bartholomew stated in Brussels in 2004, ``The Ecumenical Patriarchate is a supranational ecclesiastical institution . . . which demonstrates religious tolerance as a beautiful reality. For we bear respect toward all of our humans, irrespective of their faith. Without any trace of fanaticism or discrimination on account of differences of religion, we coexist peacefully and in a spirit that honors each and every human being.''. (12) In 1993, the European Union defined the membership criteria for accession to the European Union at the Copenhagen European Council, obligating candidate countries to have achieved certain levels of reform, including stability of institutions guaranteeing democracy, the rule of law, and human rights, and respect for and protection of minorities. (13) Turkey's persecution of religious minorities violates the European Union Charter of Fundamental Rights as well as the United Nations International Covenant on Civil and Political Rights, which Turkey has signed and ratified, and which guarantees freedom of religion. (14) The Government of Turkey has failed to recognize the international legal personality of the Ecumenical Patriarchate. (15) The Government of Turkey and the governments of all nations should accord to the Ecumenical Patriarchate the diplomatic rights and immunities under the Vienna Convention. (16) The Government of Turkey has and continues to violate the rights and privileges of the Ecumenical Patriarchate under the Treaty of Lausanne of 1923 and prior treaties. (17) The Government of Turkey has limited candidates available to the Holy Synod of the Ecumenical Patriarchate to Turkish nationals and reneged on its agreement to reopen the Theological School at Halki, thus impeding the training for Orthodox clergy. (18) The Government of Turkey has confiscated 75 percent of Ecumenical Patriarchate properties and has placed a 42-percent retroactive tax on the Balukli Hospital of Istanbul which is operated by the Ecumenical Patriarchate. (19) Turkey has systematically converted or destroyed minority religious symbols and property, including converting the Hagia Sophia and Church of the Holy Saviour in Chora, UNESCO-designated museums located in Istanbul, into mosques, in violation of the UNESCO convention. (20) The European Council has agreed to open accession negotiations with Turkey, conditional upon the continuation by Turkey of reform processes to increase protection and support for human rights and civil liberties. (21) Although the Constitution of Turkey ostensibly provides for freedom of religion, the United States Commission on International Religious Freedom's 2021 Annual Report on International Religious Freedom maintains that, ``In 2020, religious freedom conditions in Turkey continued to follow a troubling trajectory. In July, Turkish President Recep Tayyip Erdogan issued a decree converting back into a mosque the famous Hagia Sophia, a former church that had been serving as a museum, in a move that many denounced as divisive and hostile to Turkey's religious minorities. . . The government furthermore made little to no effort to address many longstanding religious freedom issues and it ignored the continued targeting and vandalization of religious minority properties throughout the country. Despite repeated requests by religious minority communities for permission to hold board member elections for non-Muslim foundations, the government did not permit those elections during the year. Similarly, the government disregarded calls for the reopening of the Greek Orthodox Halki Seminary and continued to deny legal personality to all religious communities. . . In December, Turkey's parliament passed a law that human rights groups warned would increase governmental control over civil society, including religious groups, by subjecting them to intensified oversight and new limitations on online fundraising. . . Many religious minorities continued to feel threatened in connection with incidents perpetrated by nonstate actors or due to direct pressure from the state. . . Throughout the year, authorities brought politically motivated charges of blasphemy against individuals and groups, while others in official positions utilized rhetoric characterized as hate speech that denigrated nonreligious individuals and members of the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community. Religious sites--including places of worship and cemeteries-- were subject to vandalism, damage, and, in some cases, destruction, which the government regularly fails to prevent or punish.''. (22) Accordingly, in its 2021 Annual Report on International Religious Freedom, the United States Commission on International Religious Freedom recommended that the Department of State ``[i]nclude Turkey on the U.S. Department of State's Special Watch List for engaging in or tolerating severe violations of religious freedom pursuant to the International Religious Freedom Act (IRFA)'', the same recommendation it made in 2020. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the designation of Turkey as a country on the ``Special Watch List'' for severe violations of religious freedom pursuant to section 402(b)(1)(A)(iii) of the International Religious Freedom Act of 1998 (22 U.S.C. 6442(b)(1)(A)(iii)) would be a powerful and effective tool in-- (A) highlighting abuses of religious freedom in Turkey and against the Ecumenical Patriarchate; and (B) in encouraging improvement with the respect to religious freedoms and the rights of the Ecumenical Patriarchate in Turkey; and (2) the President should, in accordance with the recommendation of the United States Commission on International Religious Freedom, designate Turkey as a country on such ``Special Watch List''. SEC. 4. REPORT ON FAILURE TO PLACE TURKEY ON THE ``SPECIAL WATCH LIST'' FOR ENGAGING IN OR TOLERATING SEVERE VIOLATIONS OF RELIGIOUS FREEDOM. (a) In General.--Except as provided in subsection (b), if-- (1) the United States Commission on International Religious Freedom recommends in its Annual Report on International Religious Freedom that Turkey should be placed on the ``Special Watch List'' for engaging in or tolerating severe violations of religious freedom pursuant to section 402(b)(1)(A)(iii) of the International Religious Freedom Act of 1998 (22 U.S.C. 6442(b)(1)(A)(iii)), and (2) Turkey is not placed on such ``Special Watch List'' pursuant to such section 402(b)(1)(A)(iii) within 90 days after the date on which such Annual Report is submitted to Congress, the President shall, not later than 90 days after making the determination not to place Turkey on such ``Special Watch List'', submit to the appropriate congressional committees a report that contains a detailed justification therefor. (b) Exception.--The President is not required to submit a report under subsection (a) if, at the time the report is required to be so submitted, Turkey-- (1) has been designated as a country of particular concern for religious freedom pursuant to clause (ii) of section 402(b)(1)(A) of the International Religious Freedom Act of 1998 (22 U.S.C. 6442(b)(1)(A)); or (2) has been placed on the ``Special Watch List'' for engaging in or tolerating severe violations of religious freedom pursuant to clause (iii) of such section. SEC. 5. REPORT ON THE DEPARTMENT OF STATE'S POLICY FOR PROMOTING RELIGIOUS FREEDOM IN TURKEY. Not later than 90 days after the date of the enactment of the Act, the Secretary of State, following consultation with the appropriate congressional committees, shall submit to the appropriate congressional committees a report on the Department of State's policy for promoting religious freedom in Turkey, including a description of planned efforts to combat deteriorating conditions for religious freedom in Turkey, including diplomacy, foreign assistance, and other relevant efforts. SEC. 6. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED. In this Act, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and (2) the Committee on Foreign Relations and the Committee on Appropriations of the Senate. <all>

Turkey and Ecumenical Patriarchate Religious Freedom Act of 2021

To oppose violations of religious freedom in Turkey by the Government of Turkey and to safeguard the rights and religious freedoms of the Ecumenical Patriarchate.

Turkey and Ecumenical Patriarchate Religious Freedom Act of 2021

Rep. Maloney, Carolyn B.

D

NY

This bill requires reports on religious freedom in Turkey. The Department of State must report to Congress on the State Department's policy for promoting religious freedom in Turkey. If the U.S. Commission on International Religious Freedom recommends putting Turkey on the State Department's special watch list of countries that engage in or tolerate severe violations of religious freedom but the State Department does not do so, the President must report to Congress a justification for the decision. The President shall not have to make this report if Turkey is added to the special watch list or designated a country of particular concern for religious freedom.

To oppose violations of religious freedom in Turkey by the Government of Turkey and to safeguard the rights and religious freedoms of the Ecumenical Patriarchate. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. FINDINGS. 6442). (2) The Ecumenical Patriarchate is the spiritual home of the world's oldest and second largest Christian Church. (5) The disappearance of the See would mean the end of a crucial link between the Christian and the Muslim world since the continuing presence of the Ecumenical Patriarchate in Turkey is a living testimony of religious co-existence since 1453. (7) The Ecumenical Patriarch is, in a sense, also an American spiritual leader and should be afforded the protections of an American spiritual leader. (10) The Ecumenical Patriarchate co-sponsored the Peace and Tolerance Conference in Istanbul which issued the Bosphorus Declaration that stated, ``A crime committed in the name of religion is a crime against religion.''. For we bear respect toward all of our humans, irrespective of their faith. (12) In 1993, the European Union defined the membership criteria for accession to the European Union at the Copenhagen European Council, obligating candidate countries to have achieved certain levels of reform, including stability of institutions guaranteeing democracy, the rule of law, and human rights, and respect for and protection of minorities. (18) The Government of Turkey has confiscated 75 percent of Ecumenical Patriarchate properties and has placed a 42-percent retroactive tax on the Balukli Hospital of Istanbul which is operated by the Ecumenical Patriarchate. In July, Turkish President Recep Tayyip Erdogan issued a decree converting back into a mosque the famous Hagia Sophia, a former church that had been serving as a museum, in a move that many denounced as divisive and hostile to Turkey's religious minorities. Similarly, the government disregarded calls for the reopening of the Greek Orthodox Halki Seminary and continued to deny legal personality to all religious communities. Throughout the year, authorities brought politically motivated charges of blasphemy against individuals and groups, while others in official positions utilized rhetoric characterized as hate speech that denigrated nonreligious individuals and members of the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community. 3. It is the sense of Congress that-- (1) the designation of Turkey as a country on the ``Special Watch List'' for severe violations of religious freedom pursuant to section 402(b)(1)(A)(iii) of the International Religious Freedom Act of 1998 (22 U.S.C. 4. REPORT ON FAILURE TO PLACE TURKEY ON THE ``SPECIAL WATCH LIST'' FOR ENGAGING IN OR TOLERATING SEVERE VIOLATIONS OF RELIGIOUS FREEDOM. 5. REPORT ON THE DEPARTMENT OF STATE'S POLICY FOR PROMOTING RELIGIOUS FREEDOM IN TURKEY. SEC. 6. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

To oppose violations of religious freedom in Turkey by the Government of Turkey and to safeguard the rights and religious freedoms of the Ecumenical Patriarchate. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 2. 6442). (2) The Ecumenical Patriarchate is the spiritual home of the world's oldest and second largest Christian Church. (7) The Ecumenical Patriarch is, in a sense, also an American spiritual leader and should be afforded the protections of an American spiritual leader. (10) The Ecumenical Patriarchate co-sponsored the Peace and Tolerance Conference in Istanbul which issued the Bosphorus Declaration that stated, ``A crime committed in the name of religion is a crime against religion.''. For we bear respect toward all of our humans, irrespective of their faith. (12) In 1993, the European Union defined the membership criteria for accession to the European Union at the Copenhagen European Council, obligating candidate countries to have achieved certain levels of reform, including stability of institutions guaranteeing democracy, the rule of law, and human rights, and respect for and protection of minorities. In July, Turkish President Recep Tayyip Erdogan issued a decree converting back into a mosque the famous Hagia Sophia, a former church that had been serving as a museum, in a move that many denounced as divisive and hostile to Turkey's religious minorities. Similarly, the government disregarded calls for the reopening of the Greek Orthodox Halki Seminary and continued to deny legal personality to all religious communities. Throughout the year, authorities brought politically motivated charges of blasphemy against individuals and groups, while others in official positions utilized rhetoric characterized as hate speech that denigrated nonreligious individuals and members of the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community. 3. It is the sense of Congress that-- (1) the designation of Turkey as a country on the ``Special Watch List'' for severe violations of religious freedom pursuant to section 402(b)(1)(A)(iii) of the International Religious Freedom Act of 1998 (22 U.S.C. 4. 5. REPORT ON THE DEPARTMENT OF STATE'S POLICY FOR PROMOTING RELIGIOUS FREEDOM IN TURKEY. SEC. 6. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

To oppose violations of religious freedom in Turkey by the Government of Turkey and to safeguard the rights and religious freedoms of the Ecumenical Patriarchate. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. FINDINGS. 6442). (2) The Ecumenical Patriarchate is the spiritual home of the world's oldest and second largest Christian Church. (5) The disappearance of the See would mean the end of a crucial link between the Christian and the Muslim world since the continuing presence of the Ecumenical Patriarchate in Turkey is a living testimony of religious co-existence since 1453. (7) The Ecumenical Patriarch is, in a sense, also an American spiritual leader and should be afforded the protections of an American spiritual leader. (10) The Ecumenical Patriarchate co-sponsored the Peace and Tolerance Conference in Istanbul which issued the Bosphorus Declaration that stated, ``A crime committed in the name of religion is a crime against religion.''. (11) Ecumenical Patriarch Bartholomew stated in Brussels in 2004, ``The Ecumenical Patriarchate is a supranational ecclesiastical institution . For we bear respect toward all of our humans, irrespective of their faith. Without any trace of fanaticism or discrimination on account of differences of religion, we coexist peacefully and in a spirit that honors each and every human being.''. (12) In 1993, the European Union defined the membership criteria for accession to the European Union at the Copenhagen European Council, obligating candidate countries to have achieved certain levels of reform, including stability of institutions guaranteeing democracy, the rule of law, and human rights, and respect for and protection of minorities. (16) The Government of Turkey has and continues to violate the rights and privileges of the Ecumenical Patriarchate under the Treaty of Lausanne of 1923 and prior treaties. (17) The Government of Turkey has limited candidates available to the Holy Synod of the Ecumenical Patriarchate to Turkish nationals and reneged on its agreement to reopen the Theological School at Halki, thus impeding the training for Orthodox clergy. (18) The Government of Turkey has confiscated 75 percent of Ecumenical Patriarchate properties and has placed a 42-percent retroactive tax on the Balukli Hospital of Istanbul which is operated by the Ecumenical Patriarchate. (21) Although the Constitution of Turkey ostensibly provides for freedom of religion, the United States Commission on International Religious Freedom's 2021 Annual Report on International Religious Freedom maintains that, ``In 2020, religious freedom conditions in Turkey continued to follow a troubling trajectory. In July, Turkish President Recep Tayyip Erdogan issued a decree converting back into a mosque the famous Hagia Sophia, a former church that had been serving as a museum, in a move that many denounced as divisive and hostile to Turkey's religious minorities. Similarly, the government disregarded calls for the reopening of the Greek Orthodox Halki Seminary and continued to deny legal personality to all religious communities. In December, Turkey's parliament passed a law that human rights groups warned would increase governmental control over civil society, including religious groups, by subjecting them to intensified oversight and new limitations on online fundraising. Throughout the year, authorities brought politically motivated charges of blasphemy against individuals and groups, while others in official positions utilized rhetoric characterized as hate speech that denigrated nonreligious individuals and members of the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community. Religious sites--including places of worship and cemeteries-- were subject to vandalism, damage, and, in some cases, destruction, which the government regularly fails to prevent or punish.''. 3. It is the sense of Congress that-- (1) the designation of Turkey as a country on the ``Special Watch List'' for severe violations of religious freedom pursuant to section 402(b)(1)(A)(iii) of the International Religious Freedom Act of 1998 (22 U.S.C. 4. REPORT ON FAILURE TO PLACE TURKEY ON THE ``SPECIAL WATCH LIST'' FOR ENGAGING IN OR TOLERATING SEVERE VIOLATIONS OF RELIGIOUS FREEDOM. 5. REPORT ON THE DEPARTMENT OF STATE'S POLICY FOR PROMOTING RELIGIOUS FREEDOM IN TURKEY. Not later than 90 days after the date of the enactment of the Act, the Secretary of State, following consultation with the appropriate congressional committees, shall submit to the appropriate congressional committees a report on the Department of State's policy for promoting religious freedom in Turkey, including a description of planned efforts to combat deteriorating conditions for religious freedom in Turkey, including diplomacy, foreign assistance, and other relevant efforts. SEC. 6. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

To oppose violations of religious freedom in Turkey by the Government of Turkey and to safeguard the rights and religious freedoms of the Ecumenical Patriarchate. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. FINDINGS. 6442). (2) The Ecumenical Patriarchate is the spiritual home of the world's oldest and second largest Christian Church. (3) Within the 2,000-year-old Sacred See of the Ecumenical Patriarchate, the New Testament was codified and the Nicene Creed was created. (4) Ecumenical Patriarch Bartholomew is one of the world's preeminent spiritual leaders and peacemakers representing over 300 million Orthodox Christians worldwide. (5) The disappearance of the See would mean the end of a crucial link between the Christian and the Muslim world since the continuing presence of the Ecumenical Patriarchate in Turkey is a living testimony of religious co-existence since 1453. (7) The Ecumenical Patriarch is, in a sense, also an American spiritual leader and should be afforded the protections of an American spiritual leader. (9) The Ecumenical Patriarchate has a record of reaching out and working for peace and reconciliation amongst all faiths and has fostered dialogue among Christians, Jews, and Muslims. (10) The Ecumenical Patriarchate co-sponsored the Peace and Tolerance Conference in Istanbul which issued the Bosphorus Declaration that stated, ``A crime committed in the name of religion is a crime against religion.''. (11) Ecumenical Patriarch Bartholomew stated in Brussels in 2004, ``The Ecumenical Patriarchate is a supranational ecclesiastical institution . which demonstrates religious tolerance as a beautiful reality. For we bear respect toward all of our humans, irrespective of their faith. Without any trace of fanaticism or discrimination on account of differences of religion, we coexist peacefully and in a spirit that honors each and every human being.''. (12) In 1993, the European Union defined the membership criteria for accession to the European Union at the Copenhagen European Council, obligating candidate countries to have achieved certain levels of reform, including stability of institutions guaranteeing democracy, the rule of law, and human rights, and respect for and protection of minorities. (15) The Government of Turkey and the governments of all nations should accord to the Ecumenical Patriarchate the diplomatic rights and immunities under the Vienna Convention. (16) The Government of Turkey has and continues to violate the rights and privileges of the Ecumenical Patriarchate under the Treaty of Lausanne of 1923 and prior treaties. (17) The Government of Turkey has limited candidates available to the Holy Synod of the Ecumenical Patriarchate to Turkish nationals and reneged on its agreement to reopen the Theological School at Halki, thus impeding the training for Orthodox clergy. (18) The Government of Turkey has confiscated 75 percent of Ecumenical Patriarchate properties and has placed a 42-percent retroactive tax on the Balukli Hospital of Istanbul which is operated by the Ecumenical Patriarchate. (19) Turkey has systematically converted or destroyed minority religious symbols and property, including converting the Hagia Sophia and Church of the Holy Saviour in Chora, UNESCO-designated museums located in Istanbul, into mosques, in violation of the UNESCO convention. (21) Although the Constitution of Turkey ostensibly provides for freedom of religion, the United States Commission on International Religious Freedom's 2021 Annual Report on International Religious Freedom maintains that, ``In 2020, religious freedom conditions in Turkey continued to follow a troubling trajectory. In July, Turkish President Recep Tayyip Erdogan issued a decree converting back into a mosque the famous Hagia Sophia, a former church that had been serving as a museum, in a move that many denounced as divisive and hostile to Turkey's religious minorities. The government furthermore made little to no effort to address many longstanding religious freedom issues and it ignored the continued targeting and vandalization of religious minority properties throughout the country. Despite repeated requests by religious minority communities for permission to hold board member elections for non-Muslim foundations, the government did not permit those elections during the year. Similarly, the government disregarded calls for the reopening of the Greek Orthodox Halki Seminary and continued to deny legal personality to all religious communities. In December, Turkey's parliament passed a law that human rights groups warned would increase governmental control over civil society, including religious groups, by subjecting them to intensified oversight and new limitations on online fundraising. Many religious minorities continued to feel threatened in connection with incidents perpetrated by nonstate actors or due to direct pressure from the state. Throughout the year, authorities brought politically motivated charges of blasphemy against individuals and groups, while others in official positions utilized rhetoric characterized as hate speech that denigrated nonreligious individuals and members of the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community. Religious sites--including places of worship and cemeteries-- were subject to vandalism, damage, and, in some cases, destruction, which the government regularly fails to prevent or punish.''. 3. It is the sense of Congress that-- (1) the designation of Turkey as a country on the ``Special Watch List'' for severe violations of religious freedom pursuant to section 402(b)(1)(A)(iii) of the International Religious Freedom Act of 1998 (22 U.S.C. 4. REPORT ON FAILURE TO PLACE TURKEY ON THE ``SPECIAL WATCH LIST'' FOR ENGAGING IN OR TOLERATING SEVERE VIOLATIONS OF RELIGIOUS FREEDOM. 5. REPORT ON THE DEPARTMENT OF STATE'S POLICY FOR PROMOTING RELIGIOUS FREEDOM IN TURKEY. Not later than 90 days after the date of the enactment of the Act, the Secretary of State, following consultation with the appropriate congressional committees, shall submit to the appropriate congressional committees a report on the Department of State's policy for promoting religious freedom in Turkey, including a description of planned efforts to combat deteriorating conditions for religious freedom in Turkey, including diplomacy, foreign assistance, and other relevant efforts. SEC. 6. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

To oppose violations of religious freedom in Turkey by the Government of Turkey and to safeguard the rights and religious freedoms of the Ecumenical Patriarchate. 4) Ecumenical Patriarch Bartholomew is one of the world's preeminent spiritual leaders and peacemakers representing over 300 million Orthodox Christians worldwide. ( (7) The Ecumenical Patriarch is, in a sense, also an American spiritual leader and should be afforded the protections of an American spiritual leader. ( 8) Ecumenical Patriarch Bartholomew was awarded the Congressional Gold Medal, the highest award bestowed by the United States Congress, and he coordinated with religious leaders around the world to issue a condemnation of the September 11, 2001, attacks on the United States as an anti- religious act. ( (13) Turkey's persecution of religious minorities violates the European Union Charter of Fundamental Rights as well as the United Nations International Covenant on Civil and Political Rights, which Turkey has signed and ratified, and which guarantees freedom of religion. ( 14) The Government of Turkey has failed to recognize the international legal personality of the Ecumenical Patriarchate. ( (20) The European Council has agreed to open accession negotiations with Turkey, conditional upon the continuation by Turkey of reform processes to increase protection and support for human rights and civil liberties. ( In July, Turkish President Recep Tayyip Erdogan issued a decree converting back into a mosque the famous Hagia Sophia, a former church that had been serving as a museum, in a move that many denounced as divisive and hostile to Turkey's religious minorities. . . Many religious minorities continued to feel threatened in connection with incidents perpetrated by nonstate actors or due to direct pressure from the state. . . 22) Accordingly, in its 2021 Annual Report on International Religious Freedom, the United States Commission on International Religious Freedom recommended that the Department of State ``[i]nclude Turkey on the U.S. Department of State's Special Watch List for engaging in or tolerating severe violations of religious freedom pursuant to the International Religious Freedom Act (IRFA)'', the same recommendation it made in 2020. 6442(b)(1)(A)(iii)) would be a powerful and effective tool in-- (A) highlighting abuses of religious freedom in Turkey and against the Ecumenical Patriarchate; and (B) in encouraging improvement with the respect to religious freedoms and the rights of the Ecumenical Patriarchate in Turkey; and (2) the President should, in accordance with the recommendation of the United States Commission on International Religious Freedom, designate Turkey as a country on such ``Special Watch List''. REPORT ON FAILURE TO PLACE TURKEY ON THE ``SPECIAL WATCH LIST'' FOR ENGAGING IN OR TOLERATING SEVERE VIOLATIONS OF RELIGIOUS FREEDOM. ( (b) Exception.--The President is not required to submit a report under subsection (a) if, at the time the report is required to be so submitted, Turkey-- (1) has been designated as a country of particular concern for religious freedom pursuant to clause (ii) of section 402(b)(1)(A) of the International Religious Freedom Act of 1998 (22 U.S.C. 6442(b)(1)(A)); or (2) has been placed on the ``Special Watch List'' for engaging in or tolerating severe violations of religious freedom pursuant to clause (iii) of such section. Not later than 90 days after the date of the enactment of the Act, the Secretary of State, following consultation with the appropriate congressional committees, shall submit to the appropriate congressional committees a report on the Department of State's policy for promoting religious freedom in Turkey, including a description of planned efforts to combat deteriorating conditions for religious freedom in Turkey, including diplomacy, foreign assistance, and other relevant efforts.

To oppose violations of religious freedom in Turkey by the Government of Turkey and to safeguard the rights and religious freedoms of the Ecumenical Patriarchate. This Act may be cited as the ``Turkey and Ecumenical Patriarchate Religious Freedom Act of 2021''. 8) Ecumenical Patriarch Bartholomew was awarded the Congressional Gold Medal, the highest award bestowed by the United States Congress, and he coordinated with religious leaders around the world to issue a condemnation of the September 11, 2001, attacks on the United States as an anti- religious act. ( (10) The Ecumenical Patriarchate co-sponsored the Peace and Tolerance Conference in Istanbul which issued the Bosphorus Declaration that stated, ``A crime committed in the name of religion is a crime against religion.''. ( 16) The Government of Turkey has and continues to violate the rights and privileges of the Ecumenical Patriarchate under the Treaty of Lausanne of 1923 and prior treaties. ( 18) The Government of Turkey has confiscated 75 percent of Ecumenical Patriarchate properties and has placed a 42-percent retroactive tax on the Balukli Hospital of Istanbul which is operated by the Ecumenical Patriarchate. ( (20) The European Council has agreed to open accession negotiations with Turkey, conditional upon the continuation by Turkey of reform processes to increase protection and support for human rights and civil liberties. ( 21) Although the Constitution of Turkey ostensibly provides for freedom of religion, the United States Commission on International Religious Freedom's 2021 Annual Report on International Religious Freedom maintains that, ``In 2020, religious freedom conditions in Turkey continued to follow a troubling trajectory. (22) Accordingly, in its 2021 Annual Report on International Religious Freedom, the United States Commission on International Religious Freedom recommended that the Department of State ``[i]nclude Turkey on the U.S. Department of State's Special Watch List for engaging in or tolerating severe violations of religious freedom pursuant to the International Religious Freedom Act (IRFA)'', the same recommendation it made in 2020. REPORT ON FAILURE TO PLACE TURKEY ON THE ``SPECIAL WATCH LIST'' FOR ENGAGING IN OR TOLERATING SEVERE VIOLATIONS OF RELIGIOUS FREEDOM. ( (b) Exception.--The President is not required to submit a report under subsection (a) if, at the time the report is required to be so submitted, Turkey-- (1) has been designated as a country of particular concern for religious freedom pursuant to clause (ii) of section 402(b)(1)(A) of the International Religious Freedom Act of 1998 (22 U.S.C. 6442(b)(1)(A)); or (2) has been placed on the ``Special Watch List'' for engaging in or tolerating severe violations of religious freedom pursuant to clause (iii) of such section. Not later than 90 days after the date of the enactment of the Act, the Secretary of State, following consultation with the appropriate congressional committees, shall submit to the appropriate congressional committees a report on the Department of State's policy for promoting religious freedom in Turkey, including a description of planned efforts to combat deteriorating conditions for religious freedom in Turkey, including diplomacy, foreign assistance, and other relevant efforts.

To oppose violations of religious freedom in Turkey by the Government of Turkey and to safeguard the rights and religious freedoms of the Ecumenical Patriarchate. This Act may be cited as the ``Turkey and Ecumenical Patriarchate Religious Freedom Act of 2021''. 8) Ecumenical Patriarch Bartholomew was awarded the Congressional Gold Medal, the highest award bestowed by the United States Congress, and he coordinated with religious leaders around the world to issue a condemnation of the September 11, 2001, attacks on the United States as an anti- religious act. ( (10) The Ecumenical Patriarchate co-sponsored the Peace and Tolerance Conference in Istanbul which issued the Bosphorus Declaration that stated, ``A crime committed in the name of religion is a crime against religion.''. ( 16) The Government of Turkey has and continues to violate the rights and privileges of the Ecumenical Patriarchate under the Treaty of Lausanne of 1923 and prior treaties. ( 18) The Government of Turkey has confiscated 75 percent of Ecumenical Patriarchate properties and has placed a 42-percent retroactive tax on the Balukli Hospital of Istanbul which is operated by the Ecumenical Patriarchate. ( (20) The European Council has agreed to open accession negotiations with Turkey, conditional upon the continuation by Turkey of reform processes to increase protection and support for human rights and civil liberties. ( 21) Although the Constitution of Turkey ostensibly provides for freedom of religion, the United States Commission on International Religious Freedom's 2021 Annual Report on International Religious Freedom maintains that, ``In 2020, religious freedom conditions in Turkey continued to follow a troubling trajectory. (22) Accordingly, in its 2021 Annual Report on International Religious Freedom, the United States Commission on International Religious Freedom recommended that the Department of State ``[i]nclude Turkey on the U.S. Department of State's Special Watch List for engaging in or tolerating severe violations of religious freedom pursuant to the International Religious Freedom Act (IRFA)'', the same recommendation it made in 2020. REPORT ON FAILURE TO PLACE TURKEY ON THE ``SPECIAL WATCH LIST'' FOR ENGAGING IN OR TOLERATING SEVERE VIOLATIONS OF RELIGIOUS FREEDOM. ( (b) Exception.--The President is not required to submit a report under subsection (a) if, at the time the report is required to be so submitted, Turkey-- (1) has been designated as a country of particular concern for religious freedom pursuant to clause (ii) of section 402(b)(1)(A) of the International Religious Freedom Act of 1998 (22 U.S.C. 6442(b)(1)(A)); or (2) has been placed on the ``Special Watch List'' for engaging in or tolerating severe violations of religious freedom pursuant to clause (iii) of such section. Not later than 90 days after the date of the enactment of the Act, the Secretary of State, following consultation with the appropriate congressional committees, shall submit to the appropriate congressional committees a report on the Department of State's policy for promoting religious freedom in Turkey, including a description of planned efforts to combat deteriorating conditions for religious freedom in Turkey, including diplomacy, foreign assistance, and other relevant efforts.

To oppose violations of religious freedom in Turkey by the Government of Turkey and to safeguard the rights and religious freedoms of the Ecumenical Patriarchate. 4) Ecumenical Patriarch Bartholomew is one of the world's preeminent spiritual leaders and peacemakers representing over 300 million Orthodox Christians worldwide. ( (7) The Ecumenical Patriarch is, in a sense, also an American spiritual leader and should be afforded the protections of an American spiritual leader. ( 8) Ecumenical Patriarch Bartholomew was awarded the Congressional Gold Medal, the highest award bestowed by the United States Congress, and he coordinated with religious leaders around the world to issue a condemnation of the September 11, 2001, attacks on the United States as an anti- religious act. ( (13) Turkey's persecution of religious minorities violates the European Union Charter of Fundamental Rights as well as the United Nations International Covenant on Civil and Political Rights, which Turkey has signed and ratified, and which guarantees freedom of religion. ( 14) The Government of Turkey has failed to recognize the international legal personality of the Ecumenical Patriarchate. ( (20) The European Council has agreed to open accession negotiations with Turkey, conditional upon the continuation by Turkey of reform processes to increase protection and support for human rights and civil liberties. ( In July, Turkish President Recep Tayyip Erdogan issued a decree converting back into a mosque the famous Hagia Sophia, a former church that had been serving as a museum, in a move that many denounced as divisive and hostile to Turkey's religious minorities. . . Many religious minorities continued to feel threatened in connection with incidents perpetrated by nonstate actors or due to direct pressure from the state. . . 22) Accordingly, in its 2021 Annual Report on International Religious Freedom, the United States Commission on International Religious Freedom recommended that the Department of State ``[i]nclude Turkey on the U.S. Department of State's Special Watch List for engaging in or tolerating severe violations of religious freedom pursuant to the International Religious Freedom Act (IRFA)'', the same recommendation it made in 2020. 6442(b)(1)(A)(iii)) would be a powerful and effective tool in-- (A) highlighting abuses of religious freedom in Turkey and against the Ecumenical Patriarchate; and (B) in encouraging improvement with the respect to religious freedoms and the rights of the Ecumenical Patriarchate in Turkey; and (2) the President should, in accordance with the recommendation of the United States Commission on International Religious Freedom, designate Turkey as a country on such ``Special Watch List''. REPORT ON FAILURE TO PLACE TURKEY ON THE ``SPECIAL WATCH LIST'' FOR ENGAGING IN OR TOLERATING SEVERE VIOLATIONS OF RELIGIOUS FREEDOM. ( (b) Exception.--The President is not required to submit a report under subsection (a) if, at the time the report is required to be so submitted, Turkey-- (1) has been designated as a country of particular concern for religious freedom pursuant to clause (ii) of section 402(b)(1)(A) of the International Religious Freedom Act of 1998 (22 U.S.C. 6442(b)(1)(A)); or (2) has been placed on the ``Special Watch List'' for engaging in or tolerating severe violations of religious freedom pursuant to clause (iii) of such section. Not later than 90 days after the date of the enactment of the Act, the Secretary of State, following consultation with the appropriate congressional committees, shall submit to the appropriate congressional committees a report on the Department of State's policy for promoting religious freedom in Turkey, including a description of planned efforts to combat deteriorating conditions for religious freedom in Turkey, including diplomacy, foreign assistance, and other relevant efforts.

To oppose violations of religious freedom in Turkey by the Government of Turkey and to safeguard the rights and religious freedoms of the Ecumenical Patriarchate. This Act may be cited as the ``Turkey and Ecumenical Patriarchate Religious Freedom Act of 2021''. 8) Ecumenical Patriarch Bartholomew was awarded the Congressional Gold Medal, the highest award bestowed by the United States Congress, and he coordinated with religious leaders around the world to issue a condemnation of the September 11, 2001, attacks on the United States as an anti- religious act. ( (10) The Ecumenical Patriarchate co-sponsored the Peace and Tolerance Conference in Istanbul which issued the Bosphorus Declaration that stated, ``A crime committed in the name of religion is a crime against religion.''. ( 16) The Government of Turkey has and continues to violate the rights and privileges of the Ecumenical Patriarchate under the Treaty of Lausanne of 1923 and prior treaties. ( 18) The Government of Turkey has confiscated 75 percent of Ecumenical Patriarchate properties and has placed a 42-percent retroactive tax on the Balukli Hospital of Istanbul which is operated by the Ecumenical Patriarchate. ( (20) The European Council has agreed to open accession negotiations with Turkey, conditional upon the continuation by Turkey of reform processes to increase protection and support for human rights and civil liberties. ( 21) Although the Constitution of Turkey ostensibly provides for freedom of religion, the United States Commission on International Religious Freedom's 2021 Annual Report on International Religious Freedom maintains that, ``In 2020, religious freedom conditions in Turkey continued to follow a troubling trajectory. (22) Accordingly, in its 2021 Annual Report on International Religious Freedom, the United States Commission on International Religious Freedom recommended that the Department of State ``[i]nclude Turkey on the U.S. Department of State's Special Watch List for engaging in or tolerating severe violations of religious freedom pursuant to the International Religious Freedom Act (IRFA)'', the same recommendation it made in 2020. REPORT ON FAILURE TO PLACE TURKEY ON THE ``SPECIAL WATCH LIST'' FOR ENGAGING IN OR TOLERATING SEVERE VIOLATIONS OF RELIGIOUS FREEDOM. ( (b) Exception.--The President is not required to submit a report under subsection (a) if, at the time the report is required to be so submitted, Turkey-- (1) has been designated as a country of particular concern for religious freedom pursuant to clause (ii) of section 402(b)(1)(A) of the International Religious Freedom Act of 1998 (22 U.S.C. 6442(b)(1)(A)); or (2) has been placed on the ``Special Watch List'' for engaging in or tolerating severe violations of religious freedom pursuant to clause (iii) of such section. Not later than 90 days after the date of the enactment of the Act, the Secretary of State, following consultation with the appropriate congressional committees, shall submit to the appropriate congressional committees a report on the Department of State's policy for promoting religious freedom in Turkey, including a description of planned efforts to combat deteriorating conditions for religious freedom in Turkey, including diplomacy, foreign assistance, and other relevant efforts.

To oppose violations of religious freedom in Turkey by the Government of Turkey and to safeguard the rights and religious freedoms of the Ecumenical Patriarchate. 4) Ecumenical Patriarch Bartholomew is one of the world's preeminent spiritual leaders and peacemakers representing over 300 million Orthodox Christians worldwide. ( (7) The Ecumenical Patriarch is, in a sense, also an American spiritual leader and should be afforded the protections of an American spiritual leader. ( 8) Ecumenical Patriarch Bartholomew was awarded the Congressional Gold Medal, the highest award bestowed by the United States Congress, and he coordinated with religious leaders around the world to issue a condemnation of the September 11, 2001, attacks on the United States as an anti- religious act. ( (13) Turkey's persecution of religious minorities violates the European Union Charter of Fundamental Rights as well as the United Nations International Covenant on Civil and Political Rights, which Turkey has signed and ratified, and which guarantees freedom of religion. ( 14) The Government of Turkey has failed to recognize the international legal personality of the Ecumenical Patriarchate. ( (20) The European Council has agreed to open accession negotiations with Turkey, conditional upon the continuation by Turkey of reform processes to increase protection and support for human rights and civil liberties. ( In July, Turkish President Recep Tayyip Erdogan issued a decree converting back into a mosque the famous Hagia Sophia, a former church that had been serving as a museum, in a move that many denounced as divisive and hostile to Turkey's religious minorities. . . Many religious minorities continued to feel threatened in connection with incidents perpetrated by nonstate actors or due to direct pressure from the state. . . 22) Accordingly, in its 2021 Annual Report on International Religious Freedom, the United States Commission on International Religious Freedom recommended that the Department of State ``[i]nclude Turkey on the U.S. Department of State's Special Watch List for engaging in or tolerating severe violations of religious freedom pursuant to the International Religious Freedom Act (IRFA)'', the same recommendation it made in 2020. 6442(b)(1)(A)(iii)) would be a powerful and effective tool in-- (A) highlighting abuses of religious freedom in Turkey and against the Ecumenical Patriarchate; and (B) in encouraging improvement with the respect to religious freedoms and the rights of the Ecumenical Patriarchate in Turkey; and (2) the President should, in accordance with the recommendation of the United States Commission on International Religious Freedom, designate Turkey as a country on such ``Special Watch List''. REPORT ON FAILURE TO PLACE TURKEY ON THE ``SPECIAL WATCH LIST'' FOR ENGAGING IN OR TOLERATING SEVERE VIOLATIONS OF RELIGIOUS FREEDOM. ( (b) Exception.--The President is not required to submit a report under subsection (a) if, at the time the report is required to be so submitted, Turkey-- (1) has been designated as a country of particular concern for religious freedom pursuant to clause (ii) of section 402(b)(1)(A) of the International Religious Freedom Act of 1998 (22 U.S.C. 6442(b)(1)(A)); or (2) has been placed on the ``Special Watch List'' for engaging in or tolerating severe violations of religious freedom pursuant to clause (iii) of such section. Not later than 90 days after the date of the enactment of the Act, the Secretary of State, following consultation with the appropriate congressional committees, shall submit to the appropriate congressional committees a report on the Department of State's policy for promoting religious freedom in Turkey, including a description of planned efforts to combat deteriorating conditions for religious freedom in Turkey, including diplomacy, foreign assistance, and other relevant efforts.

To oppose violations of religious freedom in Turkey by the Government of Turkey and to safeguard the rights and religious freedoms of the Ecumenical Patriarchate. 22) Accordingly, in its 2021 Annual Report on International Religious Freedom, the United States Commission on International Religious Freedom recommended that the Department of State ``[i]nclude Turkey on the U.S. Department of State's Special Watch List for engaging in or tolerating severe violations of religious freedom pursuant to the International Religious Freedom Act (IRFA)'', the same recommendation it made in 2020. ( (b) Exception.--The President is not required to submit a report under subsection (a) if, at the time the report is required to be so submitted, Turkey-- (1) has been designated as a country of particular concern for religious freedom pursuant to clause (ii) of section 402(b)(1)(A) of the International Religious Freedom Act of 1998 (22 U.S.C. 6442(b)(1)(A)); or (2) has been placed on the ``Special Watch List'' for engaging in or tolerating severe violations of religious freedom pursuant to clause (iii) of such section. Not later than 90 days after the date of the enactment of the Act, the Secretary of State, following consultation with the appropriate congressional committees, shall submit to the appropriate congressional committees a report on the Department of State's policy for promoting religious freedom in Turkey, including a description of planned efforts to combat deteriorating conditions for religious freedom in Turkey, including diplomacy, foreign assistance, and other relevant efforts.

To oppose violations of religious freedom in Turkey by the Government of Turkey and to safeguard the rights and religious freedoms of the Ecumenical Patriarchate. 14) The Government of Turkey has failed to recognize the international legal personality of the Ecumenical Patriarchate. ( ( ( In July, Turkish President Recep Tayyip Erdogan issued a decree converting back into a mosque the famous Hagia Sophia, a former church that had been serving as a museum, in a move that many denounced as divisive and hostile to Turkey's religious minorities. . . 22) Accordingly, in its 2021 Annual Report on International Religious Freedom, the United States Commission on International Religious Freedom recommended that the Department of State ``[i]nclude Turkey on the U.S. Department of State's Special Watch List for engaging in or tolerating severe violations of religious freedom pursuant to the International Religious Freedom Act (IRFA)'', the same recommendation it made in 2020. ( (b) Exception.--The President is not required to submit a report under subsection (a) if, at the time the report is required to be so submitted, Turkey-- (1) has been designated as a country of particular concern for religious freedom pursuant to clause (ii) of section 402(b)(1)(A) of the International Religious Freedom Act of 1998 (22 U.S.C. 6442(b)(1)(A)); or (2) has been placed on the ``Special Watch List'' for engaging in or tolerating severe violations of religious freedom pursuant to clause (iii) of such section. Not later than 90 days after the date of the enactment of the Act, the Secretary of State, following consultation with the appropriate congressional committees, shall submit to the appropriate congressional committees a report on the Department of State's policy for promoting religious freedom in Turkey, including a description of planned efforts to combat deteriorating conditions for religious freedom in Turkey, including diplomacy, foreign assistance, and other relevant efforts.

To oppose violations of religious freedom in Turkey by the Government of Turkey and to safeguard the rights and religious freedoms of the Ecumenical Patriarchate. 22) Accordingly, in its 2021 Annual Report on International Religious Freedom, the United States Commission on International Religious Freedom recommended that the Department of State ``[i]nclude Turkey on the U.S. Department of State's Special Watch List for engaging in or tolerating severe violations of religious freedom pursuant to the International Religious Freedom Act (IRFA)'', the same recommendation it made in 2020. ( (b) Exception.--The President is not required to submit a report under subsection (a) if, at the time the report is required to be so submitted, Turkey-- (1) has been designated as a country of particular concern for religious freedom pursuant to clause (ii) of section 402(b)(1)(A) of the International Religious Freedom Act of 1998 (22 U.S.C. 6442(b)(1)(A)); or (2) has been placed on the ``Special Watch List'' for engaging in or tolerating severe violations of religious freedom pursuant to clause (iii) of such section. Not later than 90 days after the date of the enactment of the Act, the Secretary of State, following consultation with the appropriate congressional committees, shall submit to the appropriate congressional committees a report on the Department of State's policy for promoting religious freedom in Turkey, including a description of planned efforts to combat deteriorating conditions for religious freedom in Turkey, including diplomacy, foreign assistance, and other relevant efforts.

To oppose violations of religious freedom in Turkey by the Government of Turkey and to safeguard the rights and religious freedoms of the Ecumenical Patriarchate. 14) The Government of Turkey has failed to recognize the international legal personality of the Ecumenical Patriarchate. ( ( ( In July, Turkish President Recep Tayyip Erdogan issued a decree converting back into a mosque the famous Hagia Sophia, a former church that had been serving as a museum, in a move that many denounced as divisive and hostile to Turkey's religious minorities. . . 22) Accordingly, in its 2021 Annual Report on International Religious Freedom, the United States Commission on International Religious Freedom recommended that the Department of State ``[i]nclude Turkey on the U.S. Department of State's Special Watch List for engaging in or tolerating severe violations of religious freedom pursuant to the International Religious Freedom Act (IRFA)'', the same recommendation it made in 2020. ( (b) Exception.--The President is not required to submit a report under subsection (a) if, at the time the report is required to be so submitted, Turkey-- (1) has been designated as a country of particular concern for religious freedom pursuant to clause (ii) of section 402(b)(1)(A) of the International Religious Freedom Act of 1998 (22 U.S.C. 6442(b)(1)(A)); or (2) has been placed on the ``Special Watch List'' for engaging in or tolerating severe violations of religious freedom pursuant to clause (iii) of such section. Not later than 90 days after the date of the enactment of the Act, the Secretary of State, following consultation with the appropriate congressional committees, shall submit to the appropriate congressional committees a report on the Department of State's policy for promoting religious freedom in Turkey, including a description of planned efforts to combat deteriorating conditions for religious freedom in Turkey, including diplomacy, foreign assistance, and other relevant efforts.

Turkey and Ecumenical Patriarchate Religious Freedom Act of 2021 - Expresses the sense of Congress that the United States should support the negotiations between the United Nations (UN) and the Government of Turkey to increase access to religious freedom in Turkey and to safeguard the rights and religious freedoms of the Holy Synod of the Greek Orthodox Patriarchate of Constantinople. (Sec. 2) Pro This bill expresses the sense of Congress that: (1) the designation of Turkey as a country on the U.S. Department of State's Special Watch List for engaging in or tolerating severe violations of religious freedom pursuant to the International Religious Freedom Act of 1998 would be a powerful and effective tool in highlighting abuses against the Ecumenical Patriarchate and encouraging improvement with respect to religious freedoms

H.R.2684

Immigration

Cuban Family Reunification Modernization Act of 2021 or the CFRM Act of 2021 This bill establishes a program to provide immigration parole to eligible Cuban nationals for family reunification purposes. (Parole is official permission to enter and temporarily remain in the United States.) To be eligible for parole under this bill, a Cuban national must be a beneficiary of a petition for a family-sponsored immigration visa. A sponsor may apply for parole for the beneficiary before the beneficiary receives an immigration visa. An eligible beneficiary must meet certain criteria, such as passing a medical examination and background check. An individual who has committed a gross violation of internationally recognized human rights shall not be eligible for parole under this bill. Parole provided under this bill shall be for two years. An individual who receives parole may apply for work authorization. The Department of Homeland Security (DHS) shall take reasonable measures to prioritize the parole applications where the beneficiary is (1) an individual with a terminal illness, or (2) a qualifying minor child (generally a child with a parent with a soon-to-expire immigration visa). DHS may operate an immigration processing facility at the U.S. Naval Station in Guantanamo Bay, Cuba, if the Department of Defense certifies that such a facility would not hinder the station's operations or pose a threat to national security.

To amend the Immigration and Nationality Act to establish a Cuban family reunification parole 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 ``Cuban Family Reunification Modernization Act of 2021'' or the ``CFRM Act of 2021''. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress finds the following: (1) The Cuban Family Reunification Parole (CFRP) program, initiated by President George W. Bush in 2007, allows United States citizens or lawful permanent residents to apply for their family members in Cuba to join them in the United States. (2) The CFRP program has been stalled since September 2017, when the State Department reduced the staff in Havana in response to severe brain injuries suffered by several members of the U.S. diplomatic community and their families. (3) The United States embassy website currently states that, ``Due to staff reductions at the U.S. Embassy in Havana, Cuba, USCIS has suspended operations at its field office in Havana.'' Most Cuban nationals who apply for U.S. entry must travel to a third country, with all Cuban applications and interviews for immigrant visas handled by the U.S. Embassy in Georgetown, Guyana, requiring applicants to incur additional costs such as airfare and lodging. (4) Cuban diplomats and other high-level Communist Party operatives applying for diplomatic or official visas may remain in Cuba throughout the visa application process. (5) According to press reports, the United States Navy housed approximately 50,000 migrants at one time on the naval station in Guantanamo Bay, Cuba in 1994. (6) The United States State Department hires local Cuban nationals at the United States embassy in Havana, Cuba some of whom have, according to accounts, intimidated those attempting to meet with personnel of the United States. The use of such regime-provided Cuban nationals at the United States embassy in Havana, Cuba should be minimized to the greatest extent possible. (7) The regime in Cuba holds an egregious human rights record marred by repression of speech, religious belief, labor rights, as well as arbitrary detentions, inhumane prison conditions, beatings, and other acts of repudiation. (8) The regime in Cuba places severe restrictions on basic human rights and liberties resulting in an oppressive environment with widespread fear of reprisal for expressing opposition to the regime. (9) According to U.S. State Department Report 004246 of March 2021, ``nearly all Cubans wishing to travel to the United States must apply for their visas outside of Cuba,'' and further that ``the Department recognizes the necessity to leave Cuba to apply for a U.S. visa is a barrier many Cubans are unable or unwilling to surmount.''. (b) Sense of Congress.--It is the sense of Congress that no applicant should be discriminated against on the basis of race, age, disability, religion, sexual orientation, gender identity, or sex characteristics, and that discrimination based on race, political opinion, religious belief, or association with a targeted group and hate crimes and other forms of discrimination against vulnerable communities, including LGBTQ people, are human rights abuses. SEC. 3. CUBAN FAMILY REUNIFICATION PAROLE PROGRAM. Chapter 2 of title II of the Immigration and Nationality Act (8 U.S.C. 1181 et. seq.) is amended by inserting after section 214 the following new section: ``SEC. 214A. CUBAN FAMILY REUNIFICATION PAROLE PROGRAM. ``(a) Establishment.--Pursuant to the authority established under section 212(d)(5), the Secretary of Homeland Security shall establish a Cuban family reunification program under which the Secretary may grant parole to a qualified beneficiary on whose behalf a petition has been approved. ``(b) Petition Process.-- ``(1) In general.--A petitioner may submit an application to the Secretary of Homeland Security for a qualified beneficiary to be paroled into the United States prior to the date on which an immigrant visa is available for such beneficiary. ``(2) Interview.--The Secretary of Homeland Security, in consultation with the Department of State, shall conduct an interview of a qualified beneficiary to ensure that such beneficiary-- ``(A) is eligible for the Cuban family reunification program; ``(B) is admissible to the United States; ``(C) has passed a medical examination; and ``(D) has passed criminal and national security background checks required by the Secretary of Homeland Security for admission into the United States. ``(3) Identity verification.--To be eligible for the Cuban family reunification program, a qualified beneficiary shall provide-- ``(A) a passport issued by the government of Cuba, as applicable; and ``(B) other documents required by the Secretary of Homeland Security to demonstrate that the qualified beneficiary is eligible for parole under the Cuban family reunification program. ``(4) Exception for human rights violators.--Paragraph (1) shall not apply to a qualified beneficiary who has committed a gross violation of internationally recognized human rights, as described under section 502B(d)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2304(d)(1)). ``(c) Travel Documents.--The Secretary of State shall issue necessary travel documents for the qualified beneficiary to travel to the United States and seek parole from the Department of Homeland Security at a port of entry of the United States. ``(d) Duration of Parole.--Parole granted under this section shall be for a 2-year period for a qualified beneficiary who is a Cuban national. ``(e) Work Authorization.--A qualified beneficiary is eligible to apply to the Secretary of Homeland Security for work authorization. ``(f) Fees.--The Secretary of State may require payment of a reasonable fee as a condition of participation in the Cuban family reunification program. ``(g) Priority Processing.-- ``(1) Terminal illness.--The Secretary of Homeland Security, in coordination with the Secretary of State, shall take all reasonable measures to prioritize a petition for a qualified beneficiary to be paroled into the United States if the petitioner-- ``(A) has a terminal illness; and ``(B) the petitioner can provide documentation of such illness to the Secretary of Homeland Security. ``(2) Minor children.--The Secretary of Homeland Security, in coordination with the Secretary of State, shall take all reasonable measures to prioritize a petition for a qualified beneficiary to be paroled into the United States if such qualified beneficiary-- ``(A) is a minor child; and ``(B) has a custodial parent who is the beneficiary of an immigrant visa and such visa will expire prior to the date of the interview under subsection (b)(2) for the minor child. ``(h) Processing Immigration Petitions and Applications at United States Naval Station, Guantanamo Bay, Cuba.-- ``(1) In general.--Notwithstanding any other provision of law, beginning not later than 120 days after the date of the enactment of the Cuban Family Reunification Modernization Act of 2021 and ending on the date specified in paragraph (7), the Secretary of Homeland Security, in consultation with the Secretary of State and the Secretary of Defense, may operate a facility to process immigration petitions and applications for Cuban nationals, including conducting in-person interviews as necessary for such petitions and applications, at the United States Naval Station, Guantanamo Bay, Cuba (hereinafter referred to as the `U.S. Naval Station'). Provided, That the Secretary of Defense certifies that operating consular services at the U.S. Naval Station would not hinder ordinary operations or pose a threat to national security. ``(2) Appointment.--A Cuban national shall be permitted to enter the U.S. Naval Station only with an appointment notice from the Department of Homeland Security or the Department of State. ``(3) Employment of cuban nationals.--In carrying out the requirement under paragraph (1), the United States Government shall not employ a Cuban national recommended by the Communist regime in Cuba. ``(4) Port of entry.--The U.S. Naval Station shall not be considered to be a port of entry into the United States. ``(5) Funding.--Beginning on the date that is 60 days after the enactment of this Act, funds authorized for the processing of immigration petitions or applications at the United States Embassy in Havana, Cuba are authorized to fund the processing of immigration petitions or applications at the U.S. Naval Station. ``(6) Operation and security of united states naval station, guantanamo bay, cuba.--If the Commander of the U.S. Naval Station finds that the operation and security of the U.S. Naval Station is impaired by a high number of Cuban nationals attempting to access consular services described in paragraph (1), without an appointment, the Commander of the U.S. Naval Station may cease operating a facility to provide consular services until such facility and services may be provided without impairing the operation and security of the U.S. Naval Station. ``(7) Date specified.--The date specified in this paragraph is the date that is 60 days after the date which the Secretary of State determines that other accommodations have been made to allow for the regular and timely processing of immigration petitions or applications on the island of Cuba. ``(i) Definitions.--In this section: ``(1) Petitioner.--The term `petitioner' means an individual who is a citizen or lawful permanent resident of the United States and who has an approved Form I-130, Petition for Alien Relative (or any successor form), for a qualified beneficiary. ``(2) Qualified beneficiary.--The term `qualified beneficiary' means an individual-- ``(A) who is a Cuban national living in Cuba, or a minor child, who may or may not be living in Cuba, of a Cuban national parent; and ``(B) who is the beneficiary of a petition, filed by the petitioner, for status as a lawful permanent resident by reason of a relationship described in section 203(a). ``(3) Minor child.--The term `minor child' means an individual under the age of 21 years old.''. <all>

CFRM Act of 2021

To amend the Immigration and Nationality Act to establish a Cuban family reunification parole program, and for other purposes.

CFRM Act of 2021 Cuban Family Reunification Modernization Act of 2021

Rep. Diaz-Balart, Mario

R

FL

This bill establishes a program to provide immigration parole to eligible Cuban nationals for family reunification purposes. (Parole is official permission to enter and temporarily remain in the United States.) To be eligible for parole under this bill, a Cuban national must be a beneficiary of a petition for a family-sponsored immigration visa. A sponsor may apply for parole for the beneficiary before the beneficiary receives an immigration visa. An eligible beneficiary must meet certain criteria, such as passing a medical examination and background check. An individual who has committed a gross violation of internationally recognized human rights shall not be eligible for parole under this bill. Parole provided under this bill shall be for two years. An individual who receives parole may apply for work authorization. The Department of Homeland Security (DHS) shall take reasonable measures to prioritize the parole applications where the beneficiary is (1) an individual with a terminal illness, or (2) a qualifying minor child (generally a child with a parent with a soon-to-expire immigration visa). DHS may operate an immigration processing facility at the U.S. Naval Station in Guantanamo Bay, Cuba, if the Department of Defense certifies that such a facility would not hinder the station's operations or pose a threat to national security.

SHORT TITLE. This Act may be cited as the ``Cuban Family Reunification Modernization Act of 2021'' or the ``CFRM Act of 2021''. 2. FINDINGS; SENSE OF CONGRESS. (4) Cuban diplomats and other high-level Communist Party operatives applying for diplomatic or official visas may remain in Cuba throughout the visa application process. (5) According to press reports, the United States Navy housed approximately 50,000 migrants at one time on the naval station in Guantanamo Bay, Cuba in 1994. (6) The United States State Department hires local Cuban nationals at the United States embassy in Havana, Cuba some of whom have, according to accounts, intimidated those attempting to meet with personnel of the United States. (8) The regime in Cuba places severe restrictions on basic human rights and liberties resulting in an oppressive environment with widespread fear of reprisal for expressing opposition to the regime. (b) Sense of Congress.--It is the sense of Congress that no applicant should be discriminated against on the basis of race, age, disability, religion, sexual orientation, gender identity, or sex characteristics, and that discrimination based on race, political opinion, religious belief, or association with a targeted group and hate crimes and other forms of discrimination against vulnerable communities, including LGBTQ people, are human rights abuses. 3. 1181 et. seq.) is amended by inserting after section 214 the following new section: ``SEC. 214A. CUBAN FAMILY REUNIFICATION PAROLE PROGRAM. 2304(d)(1)). ``(c) Travel Documents.--The Secretary of State shall issue necessary travel documents for the qualified beneficiary to travel to the United States and seek parole from the Department of Homeland Security at a port of entry of the United States. ``(e) Work Authorization.--A qualified beneficiary is eligible to apply to the Secretary of Homeland Security for work authorization. Naval Station'). ``(2) Appointment.--A Cuban national shall be permitted to enter the U.S. ``(4) Port of entry.--The U.S. Naval Station may cease operating a facility to provide consular services until such facility and services may be provided without impairing the operation and security of the U.S. ``(7) Date specified.--The date specified in this paragraph is the date that is 60 days after the date which the Secretary of State determines that other accommodations have been made to allow for the regular and timely processing of immigration petitions or applications on the island of Cuba. ``(i) Definitions.--In this section: ``(1) Petitioner.--The term `petitioner' means an individual who is a citizen or lawful permanent resident of the United States and who has an approved Form I-130, Petition for Alien Relative (or any successor form), for a qualified beneficiary. ``(3) Minor child.--The term `minor child' means an individual under the age of 21 years old.''.

SHORT TITLE. This Act may be cited as the ``Cuban Family Reunification Modernization Act of 2021'' or the ``CFRM Act of 2021''. 2. FINDINGS; SENSE OF CONGRESS. (4) Cuban diplomats and other high-level Communist Party operatives applying for diplomatic or official visas may remain in Cuba throughout the visa application process. (6) The United States State Department hires local Cuban nationals at the United States embassy in Havana, Cuba some of whom have, according to accounts, intimidated those attempting to meet with personnel of the United States. (8) The regime in Cuba places severe restrictions on basic human rights and liberties resulting in an oppressive environment with widespread fear of reprisal for expressing opposition to the regime. 3. is amended by inserting after section 214 the following new section: ``SEC. CUBAN FAMILY REUNIFICATION PAROLE PROGRAM. 2304(d)(1)). ``(e) Work Authorization.--A qualified beneficiary is eligible to apply to the Secretary of Homeland Security for work authorization. Naval Station'). ``(2) Appointment.--A Cuban national shall be permitted to enter the U.S. ``(4) Port of entry.--The U.S. Naval Station may cease operating a facility to provide consular services until such facility and services may be provided without impairing the operation and security of the U.S. ``(7) Date specified.--The date specified in this paragraph is the date that is 60 days after the date which the Secretary of State determines that other accommodations have been made to allow for the regular and timely processing of immigration petitions or applications on the island of Cuba. ``(i) Definitions.--In this section: ``(1) Petitioner.--The term `petitioner' means an individual who is a citizen or lawful permanent resident of the United States and who has an approved Form I-130, Petition for Alien Relative (or any successor form), for a qualified beneficiary. ``(3) Minor child.--The term `minor child' means an individual under the age of 21 years old.''.

To amend the Immigration and Nationality Act to establish a Cuban family reunification parole 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 ``Cuban Family Reunification Modernization Act of 2021'' or the ``CFRM Act of 2021''. 2. FINDINGS; SENSE OF CONGRESS. (2) The CFRP program has been stalled since September 2017, when the State Department reduced the staff in Havana in response to severe brain injuries suffered by several members of the U.S. diplomatic community and their families. Most Cuban nationals who apply for U.S. entry must travel to a third country, with all Cuban applications and interviews for immigrant visas handled by the U.S. Embassy in Georgetown, Guyana, requiring applicants to incur additional costs such as airfare and lodging. (4) Cuban diplomats and other high-level Communist Party operatives applying for diplomatic or official visas may remain in Cuba throughout the visa application process. (5) According to press reports, the United States Navy housed approximately 50,000 migrants at one time on the naval station in Guantanamo Bay, Cuba in 1994. (6) The United States State Department hires local Cuban nationals at the United States embassy in Havana, Cuba some of whom have, according to accounts, intimidated those attempting to meet with personnel of the United States. (7) The regime in Cuba holds an egregious human rights record marred by repression of speech, religious belief, labor rights, as well as arbitrary detentions, inhumane prison conditions, beatings, and other acts of repudiation. (8) The regime in Cuba places severe restrictions on basic human rights and liberties resulting in an oppressive environment with widespread fear of reprisal for expressing opposition to the regime. (b) Sense of Congress.--It is the sense of Congress that no applicant should be discriminated against on the basis of race, age, disability, religion, sexual orientation, gender identity, or sex characteristics, and that discrimination based on race, political opinion, religious belief, or association with a targeted group and hate crimes and other forms of discrimination against vulnerable communities, including LGBTQ people, are human rights abuses. 3. 1181 et. seq.) is amended by inserting after section 214 the following new section: ``SEC. 214A. CUBAN FAMILY REUNIFICATION PAROLE PROGRAM. ``(4) Exception for human rights violators.--Paragraph (1) shall not apply to a qualified beneficiary who has committed a gross violation of internationally recognized human rights, as described under section 502B(d)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2304(d)(1)). ``(c) Travel Documents.--The Secretary of State shall issue necessary travel documents for the qualified beneficiary to travel to the United States and seek parole from the Department of Homeland Security at a port of entry of the United States. ``(e) Work Authorization.--A qualified beneficiary is eligible to apply to the Secretary of Homeland Security for work authorization. ``(f) Fees.--The Secretary of State may require payment of a reasonable fee as a condition of participation in the Cuban family reunification program. ``(g) Priority Processing.-- ``(1) Terminal illness.--The Secretary of Homeland Security, in coordination with the Secretary of State, shall take all reasonable measures to prioritize a petition for a qualified beneficiary to be paroled into the United States if the petitioner-- ``(A) has a terminal illness; and ``(B) the petitioner can provide documentation of such illness to the Secretary of Homeland Security. Naval Station'). ``(2) Appointment.--A Cuban national shall be permitted to enter the U.S. ``(4) Port of entry.--The U.S. Naval Station may cease operating a facility to provide consular services until such facility and services may be provided without impairing the operation and security of the U.S. ``(7) Date specified.--The date specified in this paragraph is the date that is 60 days after the date which the Secretary of State determines that other accommodations have been made to allow for the regular and timely processing of immigration petitions or applications on the island of Cuba. ``(i) Definitions.--In this section: ``(1) Petitioner.--The term `petitioner' means an individual who is a citizen or lawful permanent resident of the United States and who has an approved Form I-130, Petition for Alien Relative (or any successor form), for a qualified beneficiary. ``(3) Minor child.--The term `minor child' means an individual under the age of 21 years old.''.

To amend the Immigration and Nationality Act to establish a Cuban family reunification parole 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 ``Cuban Family Reunification Modernization Act of 2021'' or the ``CFRM Act of 2021''. 2. FINDINGS; SENSE OF CONGRESS. (2) The CFRP program has been stalled since September 2017, when the State Department reduced the staff in Havana in response to severe brain injuries suffered by several members of the U.S. diplomatic community and their families. (3) The United States embassy website currently states that, ``Due to staff reductions at the U.S. Embassy in Havana, Cuba, USCIS has suspended operations at its field office in Havana.'' Most Cuban nationals who apply for U.S. entry must travel to a third country, with all Cuban applications and interviews for immigrant visas handled by the U.S. Embassy in Georgetown, Guyana, requiring applicants to incur additional costs such as airfare and lodging. (4) Cuban diplomats and other high-level Communist Party operatives applying for diplomatic or official visas may remain in Cuba throughout the visa application process. (5) According to press reports, the United States Navy housed approximately 50,000 migrants at one time on the naval station in Guantanamo Bay, Cuba in 1994. (6) The United States State Department hires local Cuban nationals at the United States embassy in Havana, Cuba some of whom have, according to accounts, intimidated those attempting to meet with personnel of the United States. (7) The regime in Cuba holds an egregious human rights record marred by repression of speech, religious belief, labor rights, as well as arbitrary detentions, inhumane prison conditions, beatings, and other acts of repudiation. (8) The regime in Cuba places severe restrictions on basic human rights and liberties resulting in an oppressive environment with widespread fear of reprisal for expressing opposition to the regime. (9) According to U.S. State Department Report 004246 of March 2021, ``nearly all Cubans wishing to travel to the United States must apply for their visas outside of Cuba,'' and further that ``the Department recognizes the necessity to leave Cuba to apply for a U.S. visa is a barrier many Cubans are unable or unwilling to surmount.''. (b) Sense of Congress.--It is the sense of Congress that no applicant should be discriminated against on the basis of race, age, disability, religion, sexual orientation, gender identity, or sex characteristics, and that discrimination based on race, political opinion, religious belief, or association with a targeted group and hate crimes and other forms of discrimination against vulnerable communities, including LGBTQ people, are human rights abuses. 3. 1181 et. seq.) is amended by inserting after section 214 the following new section: ``SEC. 214A. CUBAN FAMILY REUNIFICATION PAROLE PROGRAM. ``(2) Interview.--The Secretary of Homeland Security, in consultation with the Department of State, shall conduct an interview of a qualified beneficiary to ensure that such beneficiary-- ``(A) is eligible for the Cuban family reunification program; ``(B) is admissible to the United States; ``(C) has passed a medical examination; and ``(D) has passed criminal and national security background checks required by the Secretary of Homeland Security for admission into the United States. ``(4) Exception for human rights violators.--Paragraph (1) shall not apply to a qualified beneficiary who has committed a gross violation of internationally recognized human rights, as described under section 502B(d)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2304(d)(1)). ``(c) Travel Documents.--The Secretary of State shall issue necessary travel documents for the qualified beneficiary to travel to the United States and seek parole from the Department of Homeland Security at a port of entry of the United States. ``(e) Work Authorization.--A qualified beneficiary is eligible to apply to the Secretary of Homeland Security for work authorization. ``(f) Fees.--The Secretary of State may require payment of a reasonable fee as a condition of participation in the Cuban family reunification program. ``(g) Priority Processing.-- ``(1) Terminal illness.--The Secretary of Homeland Security, in coordination with the Secretary of State, shall take all reasonable measures to prioritize a petition for a qualified beneficiary to be paroled into the United States if the petitioner-- ``(A) has a terminal illness; and ``(B) the petitioner can provide documentation of such illness to the Secretary of Homeland Security. Naval Station'). Provided, That the Secretary of Defense certifies that operating consular services at the U.S. Naval Station would not hinder ordinary operations or pose a threat to national security. ``(2) Appointment.--A Cuban national shall be permitted to enter the U.S. ``(4) Port of entry.--The U.S. ``(5) Funding.--Beginning on the date that is 60 days after the enactment of this Act, funds authorized for the processing of immigration petitions or applications at the United States Embassy in Havana, Cuba are authorized to fund the processing of immigration petitions or applications at the U.S. Naval Station may cease operating a facility to provide consular services until such facility and services may be provided without impairing the operation and security of the U.S. ``(7) Date specified.--The date specified in this paragraph is the date that is 60 days after the date which the Secretary of State determines that other accommodations have been made to allow for the regular and timely processing of immigration petitions or applications on the island of Cuba. ``(i) Definitions.--In this section: ``(1) Petitioner.--The term `petitioner' means an individual who is a citizen or lawful permanent resident of the United States and who has an approved Form I-130, Petition for Alien Relative (or any successor form), for a qualified beneficiary. ``(3) Minor child.--The term `minor child' means an individual under the age of 21 years old.''.

To amend the Immigration and Nationality Act to establish a Cuban family reunification parole program, and for other purposes. a) Findings.--Congress finds the following: (1) The Cuban Family Reunification Parole (CFRP) program, initiated by President George W. Bush in 2007, allows United States citizens or lawful permanent residents to apply for their family members in Cuba to join them in the United States. ( (4) Cuban diplomats and other high-level Communist Party operatives applying for diplomatic or official visas may remain in Cuba throughout the visa application process. ( 5) According to press reports, the United States Navy housed approximately 50,000 migrants at one time on the naval station in Guantanamo Bay, Cuba in 1994. ( (b) Sense of Congress.--It is the sense of Congress that no applicant should be discriminated against on the basis of race, age, disability, religion, sexual orientation, gender identity, or sex characteristics, and that discrimination based on race, political opinion, religious belief, or association with a targeted group and hate crimes and other forms of discrimination against vulnerable communities, including LGBTQ people, are human rights abuses. ``(a) Establishment.--Pursuant to the authority established under section 212(d)(5), the Secretary of Homeland Security shall establish a Cuban family reunification program under which the Secretary may grant parole to a qualified beneficiary on whose behalf a petition has been approved. ``(2) Interview.--The Secretary of Homeland Security, in consultation with the Department of State, shall conduct an interview of a qualified beneficiary to ensure that such beneficiary-- ``(A) is eligible for the Cuban family reunification program; ``(B) is admissible to the United States; ``(C) has passed a medical examination; and ``(D) has passed criminal and national security background checks required by the Secretary of Homeland Security for admission into the United States. ``(3) Identity verification.--To be eligible for the Cuban family reunification program, a qualified beneficiary shall provide-- ``(A) a passport issued by the government of Cuba, as applicable; and ``(B) other documents required by the Secretary of Homeland Security to demonstrate that the qualified beneficiary is eligible for parole under the Cuban family reunification program. ``(e) Work Authorization.--A qualified beneficiary is eligible to apply to the Secretary of Homeland Security for work authorization. ``(2) Minor children.--The Secretary of Homeland Security, in coordination with the Secretary of State, shall take all reasonable measures to prioritize a petition for a qualified beneficiary to be paroled into the United States if such qualified beneficiary-- ``(A) is a minor child; and ``(B) has a custodial parent who is the beneficiary of an immigrant visa and such visa will expire prior to the date of the interview under subsection (b)(2) for the minor child. Provided, That the Secretary of Defense certifies that operating consular services at the U.S. Naval Station would not hinder ordinary operations or pose a threat to national security. ``(3) Employment of cuban nationals.--In carrying out the requirement under paragraph (1), the United States Government shall not employ a Cuban national recommended by the Communist regime in Cuba. ``(5) Funding.--Beginning on the date that is 60 days after the enactment of this Act, funds authorized for the processing of immigration petitions or applications at the United States Embassy in Havana, Cuba are authorized to fund the processing of immigration petitions or applications at the U.S. Naval Station. ``(7) Date specified.--The date specified in this paragraph is the date that is 60 days after the date which the Secretary of State determines that other accommodations have been made to allow for the regular and timely processing of immigration petitions or applications on the island of Cuba. ``(2) Qualified beneficiary.--The term `qualified beneficiary' means an individual-- ``(A) who is a Cuban national living in Cuba, or a minor child, who may or may not be living in Cuba, of a Cuban national parent; and ``(B) who is the beneficiary of a petition, filed by the petitioner, for status as a lawful permanent resident by reason of a relationship described in section 203(a). ``(3) Minor child.--The term `minor child' means an individual under the age of 21 years old.''.

To amend the Immigration and Nationality Act to establish a Cuban family reunification parole program, and for other purposes. FINDINGS; SENSE OF CONGRESS. ( Most Cuban nationals who apply for U.S. entry must travel to a third country, with all Cuban applications and interviews for immigrant visas handled by the U.S. Embassy in Georgetown, Guyana, requiring applicants to incur additional costs such as airfare and lodging. ( (8) The regime in Cuba places severe restrictions on basic human rights and liberties resulting in an oppressive environment with widespread fear of reprisal for expressing opposition to the regime. ( ``(2) Interview.--The Secretary of Homeland Security, in consultation with the Department of State, shall conduct an interview of a qualified beneficiary to ensure that such beneficiary-- ``(A) is eligible for the Cuban family reunification program; ``(B) is admissible to the United States; ``(C) has passed a medical examination; and ``(D) has passed criminal and national security background checks required by the Secretary of Homeland Security for admission into the United States. ``(3) Identity verification.--To be eligible for the Cuban family reunification program, a qualified beneficiary shall provide-- ``(A) a passport issued by the government of Cuba, as applicable; and ``(B) other documents required by the Secretary of Homeland Security to demonstrate that the qualified beneficiary is eligible for parole under the Cuban family reunification program. ``(2) Minor children.--The Secretary of Homeland Security, in coordination with the Secretary of State, shall take all reasonable measures to prioritize a petition for a qualified beneficiary to be paroled into the United States if such qualified beneficiary-- ``(A) is a minor child; and ``(B) has a custodial parent who is the beneficiary of an immigrant visa and such visa will expire prior to the date of the interview under subsection (b)(2) for the minor child. Provided, That the Secretary of Defense certifies that operating consular services at the U.S. Naval Station would not hinder ordinary operations or pose a threat to national security. ``(5) Funding.--Beginning on the date that is 60 days after the enactment of this Act, funds authorized for the processing of immigration petitions or applications at the United States Embassy in Havana, Cuba are authorized to fund the processing of immigration petitions or applications at the U.S. Naval Station. ``(7) Date specified.--The date specified in this paragraph is the date that is 60 days after the date which the Secretary of State determines that other accommodations have been made to allow for the regular and timely processing of immigration petitions or applications on the island of Cuba. ``(i) Definitions.--In this section: ``(1) Petitioner.--The term `petitioner' means an individual who is a citizen or lawful permanent resident of the United States and who has an approved Form I-130, Petition for Alien Relative (or any successor form), for a qualified beneficiary.

To amend the Immigration and Nationality Act to establish a Cuban family reunification parole program, and for other purposes. FINDINGS; SENSE OF CONGRESS. ( Most Cuban nationals who apply for U.S. entry must travel to a third country, with all Cuban applications and interviews for immigrant visas handled by the U.S. Embassy in Georgetown, Guyana, requiring applicants to incur additional costs such as airfare and lodging. ( (8) The regime in Cuba places severe restrictions on basic human rights and liberties resulting in an oppressive environment with widespread fear of reprisal for expressing opposition to the regime. ( ``(2) Interview.--The Secretary of Homeland Security, in consultation with the Department of State, shall conduct an interview of a qualified beneficiary to ensure that such beneficiary-- ``(A) is eligible for the Cuban family reunification program; ``(B) is admissible to the United States; ``(C) has passed a medical examination; and ``(D) has passed criminal and national security background checks required by the Secretary of Homeland Security for admission into the United States. ``(3) Identity verification.--To be eligible for the Cuban family reunification program, a qualified beneficiary shall provide-- ``(A) a passport issued by the government of Cuba, as applicable; and ``(B) other documents required by the Secretary of Homeland Security to demonstrate that the qualified beneficiary is eligible for parole under the Cuban family reunification program. ``(2) Minor children.--The Secretary of Homeland Security, in coordination with the Secretary of State, shall take all reasonable measures to prioritize a petition for a qualified beneficiary to be paroled into the United States if such qualified beneficiary-- ``(A) is a minor child; and ``(B) has a custodial parent who is the beneficiary of an immigrant visa and such visa will expire prior to the date of the interview under subsection (b)(2) for the minor child. Provided, That the Secretary of Defense certifies that operating consular services at the U.S. Naval Station would not hinder ordinary operations or pose a threat to national security. ``(5) Funding.--Beginning on the date that is 60 days after the enactment of this Act, funds authorized for the processing of immigration petitions or applications at the United States Embassy in Havana, Cuba are authorized to fund the processing of immigration petitions or applications at the U.S. Naval Station. ``(7) Date specified.--The date specified in this paragraph is the date that is 60 days after the date which the Secretary of State determines that other accommodations have been made to allow for the regular and timely processing of immigration petitions or applications on the island of Cuba. ``(i) Definitions.--In this section: ``(1) Petitioner.--The term `petitioner' means an individual who is a citizen or lawful permanent resident of the United States and who has an approved Form I-130, Petition for Alien Relative (or any successor form), for a qualified beneficiary.

To amend the Immigration and Nationality Act to establish a Cuban family reunification parole program, and for other purposes. a) Findings.--Congress finds the following: (1) The Cuban Family Reunification Parole (CFRP) program, initiated by President George W. Bush in 2007, allows United States citizens or lawful permanent residents to apply for their family members in Cuba to join them in the United States. ( (4) Cuban diplomats and other high-level Communist Party operatives applying for diplomatic or official visas may remain in Cuba throughout the visa application process. ( 5) According to press reports, the United States Navy housed approximately 50,000 migrants at one time on the naval station in Guantanamo Bay, Cuba in 1994. ( (b) Sense of Congress.--It is the sense of Congress that no applicant should be discriminated against on the basis of race, age, disability, religion, sexual orientation, gender identity, or sex characteristics, and that discrimination based on race, political opinion, religious belief, or association with a targeted group and hate crimes and other forms of discrimination against vulnerable communities, including LGBTQ people, are human rights abuses. ``(a) Establishment.--Pursuant to the authority established under section 212(d)(5), the Secretary of Homeland Security shall establish a Cuban family reunification program under which the Secretary may grant parole to a qualified beneficiary on whose behalf a petition has been approved. ``(2) Interview.--The Secretary of Homeland Security, in consultation with the Department of State, shall conduct an interview of a qualified beneficiary to ensure that such beneficiary-- ``(A) is eligible for the Cuban family reunification program; ``(B) is admissible to the United States; ``(C) has passed a medical examination; and ``(D) has passed criminal and national security background checks required by the Secretary of Homeland Security for admission into the United States. ``(3) Identity verification.--To be eligible for the Cuban family reunification program, a qualified beneficiary shall provide-- ``(A) a passport issued by the government of Cuba, as applicable; and ``(B) other documents required by the Secretary of Homeland Security to demonstrate that the qualified beneficiary is eligible for parole under the Cuban family reunification program. ``(e) Work Authorization.--A qualified beneficiary is eligible to apply to the Secretary of Homeland Security for work authorization. ``(2) Minor children.--The Secretary of Homeland Security, in coordination with the Secretary of State, shall take all reasonable measures to prioritize a petition for a qualified beneficiary to be paroled into the United States if such qualified beneficiary-- ``(A) is a minor child; and ``(B) has a custodial parent who is the beneficiary of an immigrant visa and such visa will expire prior to the date of the interview under subsection (b)(2) for the minor child. Provided, That the Secretary of Defense certifies that operating consular services at the U.S. Naval Station would not hinder ordinary operations or pose a threat to national security. ``(3) Employment of cuban nationals.--In carrying out the requirement under paragraph (1), the United States Government shall not employ a Cuban national recommended by the Communist regime in Cuba. ``(5) Funding.--Beginning on the date that is 60 days after the enactment of this Act, funds authorized for the processing of immigration petitions or applications at the United States Embassy in Havana, Cuba are authorized to fund the processing of immigration petitions or applications at the U.S. Naval Station. ``(7) Date specified.--The date specified in this paragraph is the date that is 60 days after the date which the Secretary of State determines that other accommodations have been made to allow for the regular and timely processing of immigration petitions or applications on the island of Cuba. ``(2) Qualified beneficiary.--The term `qualified beneficiary' means an individual-- ``(A) who is a Cuban national living in Cuba, or a minor child, who may or may not be living in Cuba, of a Cuban national parent; and ``(B) who is the beneficiary of a petition, filed by the petitioner, for status as a lawful permanent resident by reason of a relationship described in section 203(a). ``(3) Minor child.--The term `minor child' means an individual under the age of 21 years old.''.

To amend the Immigration and Nationality Act to establish a Cuban family reunification parole program, and for other purposes. FINDINGS; SENSE OF CONGRESS. ( Most Cuban nationals who apply for U.S. entry must travel to a third country, with all Cuban applications and interviews for immigrant visas handled by the U.S. Embassy in Georgetown, Guyana, requiring applicants to incur additional costs such as airfare and lodging. ( (8) The regime in Cuba places severe restrictions on basic human rights and liberties resulting in an oppressive environment with widespread fear of reprisal for expressing opposition to the regime. ( ``(2) Interview.--The Secretary of Homeland Security, in consultation with the Department of State, shall conduct an interview of a qualified beneficiary to ensure that such beneficiary-- ``(A) is eligible for the Cuban family reunification program; ``(B) is admissible to the United States; ``(C) has passed a medical examination; and ``(D) has passed criminal and national security background checks required by the Secretary of Homeland Security for admission into the United States. ``(3) Identity verification.--To be eligible for the Cuban family reunification program, a qualified beneficiary shall provide-- ``(A) a passport issued by the government of Cuba, as applicable; and ``(B) other documents required by the Secretary of Homeland Security to demonstrate that the qualified beneficiary is eligible for parole under the Cuban family reunification program. ``(2) Minor children.--The Secretary of Homeland Security, in coordination with the Secretary of State, shall take all reasonable measures to prioritize a petition for a qualified beneficiary to be paroled into the United States if such qualified beneficiary-- ``(A) is a minor child; and ``(B) has a custodial parent who is the beneficiary of an immigrant visa and such visa will expire prior to the date of the interview under subsection (b)(2) for the minor child. Provided, That the Secretary of Defense certifies that operating consular services at the U.S. Naval Station would not hinder ordinary operations or pose a threat to national security. ``(5) Funding.--Beginning on the date that is 60 days after the enactment of this Act, funds authorized for the processing of immigration petitions or applications at the United States Embassy in Havana, Cuba are authorized to fund the processing of immigration petitions or applications at the U.S. Naval Station. ``(7) Date specified.--The date specified in this paragraph is the date that is 60 days after the date which the Secretary of State determines that other accommodations have been made to allow for the regular and timely processing of immigration petitions or applications on the island of Cuba. ``(i) Definitions.--In this section: ``(1) Petitioner.--The term `petitioner' means an individual who is a citizen or lawful permanent resident of the United States and who has an approved Form I-130, Petition for Alien Relative (or any successor form), for a qualified beneficiary.

To amend the Immigration and Nationality Act to establish a Cuban family reunification parole program, and for other purposes. a) Findings.--Congress finds the following: (1) The Cuban Family Reunification Parole (CFRP) program, initiated by President George W. Bush in 2007, allows United States citizens or lawful permanent residents to apply for their family members in Cuba to join them in the United States. ( (4) Cuban diplomats and other high-level Communist Party operatives applying for diplomatic or official visas may remain in Cuba throughout the visa application process. ( 5) According to press reports, the United States Navy housed approximately 50,000 migrants at one time on the naval station in Guantanamo Bay, Cuba in 1994. ( (b) Sense of Congress.--It is the sense of Congress that no applicant should be discriminated against on the basis of race, age, disability, religion, sexual orientation, gender identity, or sex characteristics, and that discrimination based on race, political opinion, religious belief, or association with a targeted group and hate crimes and other forms of discrimination against vulnerable communities, including LGBTQ people, are human rights abuses. ``(a) Establishment.--Pursuant to the authority established under section 212(d)(5), the Secretary of Homeland Security shall establish a Cuban family reunification program under which the Secretary may grant parole to a qualified beneficiary on whose behalf a petition has been approved. ``(2) Interview.--The Secretary of Homeland Security, in consultation with the Department of State, shall conduct an interview of a qualified beneficiary to ensure that such beneficiary-- ``(A) is eligible for the Cuban family reunification program; ``(B) is admissible to the United States; ``(C) has passed a medical examination; and ``(D) has passed criminal and national security background checks required by the Secretary of Homeland Security for admission into the United States. ``(3) Identity verification.--To be eligible for the Cuban family reunification program, a qualified beneficiary shall provide-- ``(A) a passport issued by the government of Cuba, as applicable; and ``(B) other documents required by the Secretary of Homeland Security to demonstrate that the qualified beneficiary is eligible for parole under the Cuban family reunification program. ``(e) Work Authorization.--A qualified beneficiary is eligible to apply to the Secretary of Homeland Security for work authorization. ``(2) Minor children.--The Secretary of Homeland Security, in coordination with the Secretary of State, shall take all reasonable measures to prioritize a petition for a qualified beneficiary to be paroled into the United States if such qualified beneficiary-- ``(A) is a minor child; and ``(B) has a custodial parent who is the beneficiary of an immigrant visa and such visa will expire prior to the date of the interview under subsection (b)(2) for the minor child. Provided, That the Secretary of Defense certifies that operating consular services at the U.S. Naval Station would not hinder ordinary operations or pose a threat to national security. ``(3) Employment of cuban nationals.--In carrying out the requirement under paragraph (1), the United States Government shall not employ a Cuban national recommended by the Communist regime in Cuba. ``(5) Funding.--Beginning on the date that is 60 days after the enactment of this Act, funds authorized for the processing of immigration petitions or applications at the United States Embassy in Havana, Cuba are authorized to fund the processing of immigration petitions or applications at the U.S. Naval Station. ``(7) Date specified.--The date specified in this paragraph is the date that is 60 days after the date which the Secretary of State determines that other accommodations have been made to allow for the regular and timely processing of immigration petitions or applications on the island of Cuba. ``(2) Qualified beneficiary.--The term `qualified beneficiary' means an individual-- ``(A) who is a Cuban national living in Cuba, or a minor child, who may or may not be living in Cuba, of a Cuban national parent; and ``(B) who is the beneficiary of a petition, filed by the petitioner, for status as a lawful permanent resident by reason of a relationship described in section 203(a). ``(3) Minor child.--The term `minor child' means an individual under the age of 21 years old.''.

To amend the Immigration and Nationality Act to establish a Cuban family reunification parole program, and for other purposes. FINDINGS; SENSE OF CONGRESS. ( Most Cuban nationals who apply for U.S. entry must travel to a third country, with all Cuban applications and interviews for immigrant visas handled by the U.S. Embassy in Georgetown, Guyana, requiring applicants to incur additional costs such as airfare and lodging. ( (8) The regime in Cuba places severe restrictions on basic human rights and liberties resulting in an oppressive environment with widespread fear of reprisal for expressing opposition to the regime. ( ``(2) Interview.--The Secretary of Homeland Security, in consultation with the Department of State, shall conduct an interview of a qualified beneficiary to ensure that such beneficiary-- ``(A) is eligible for the Cuban family reunification program; ``(B) is admissible to the United States; ``(C) has passed a medical examination; and ``(D) has passed criminal and national security background checks required by the Secretary of Homeland Security for admission into the United States. ``(3) Identity verification.--To be eligible for the Cuban family reunification program, a qualified beneficiary shall provide-- ``(A) a passport issued by the government of Cuba, as applicable; and ``(B) other documents required by the Secretary of Homeland Security to demonstrate that the qualified beneficiary is eligible for parole under the Cuban family reunification program. ``(2) Minor children.--The Secretary of Homeland Security, in coordination with the Secretary of State, shall take all reasonable measures to prioritize a petition for a qualified beneficiary to be paroled into the United States if such qualified beneficiary-- ``(A) is a minor child; and ``(B) has a custodial parent who is the beneficiary of an immigrant visa and such visa will expire prior to the date of the interview under subsection (b)(2) for the minor child. Provided, That the Secretary of Defense certifies that operating consular services at the U.S. Naval Station would not hinder ordinary operations or pose a threat to national security. ``(5) Funding.--Beginning on the date that is 60 days after the enactment of this Act, funds authorized for the processing of immigration petitions or applications at the United States Embassy in Havana, Cuba are authorized to fund the processing of immigration petitions or applications at the U.S. Naval Station. ``(7) Date specified.--The date specified in this paragraph is the date that is 60 days after the date which the Secretary of State determines that other accommodations have been made to allow for the regular and timely processing of immigration petitions or applications on the island of Cuba. ``(i) Definitions.--In this section: ``(1) Petitioner.--The term `petitioner' means an individual who is a citizen or lawful permanent resident of the United States and who has an approved Form I-130, Petition for Alien Relative (or any successor form), for a qualified beneficiary.

To amend the Immigration and Nationality Act to establish a Cuban family reunification parole program, and for other purposes. a) Findings.--Congress finds the following: (1) The Cuban Family Reunification Parole (CFRP) program, initiated by President George W. Bush in 2007, allows United States citizens or lawful permanent residents to apply for their family members in Cuba to join them in the United States. ( ( ``(2) Interview.--The Secretary of Homeland Security, in consultation with the Department of State, shall conduct an interview of a qualified beneficiary to ensure that such beneficiary-- ``(A) is eligible for the Cuban family reunification program; ``(B) is admissible to the United States; ``(C) has passed a medical examination; and ``(D) has passed criminal and national security background checks required by the Secretary of Homeland Security for admission into the United States. ``(2) Minor children.--The Secretary of Homeland Security, in coordination with the Secretary of State, shall take all reasonable measures to prioritize a petition for a qualified beneficiary to be paroled into the United States if such qualified beneficiary-- ``(A) is a minor child; and ``(B) has a custodial parent who is the beneficiary of an immigrant visa and such visa will expire prior to the date of the interview under subsection (b)(2) for the minor child. Naval Station would not hinder ordinary operations or pose a threat to national security. ``(7) Date specified.--The date specified in this paragraph is the date that is 60 days after the date which the Secretary of State determines that other accommodations have been made to allow for the regular and timely processing of immigration petitions or applications on the island of Cuba.

To amend the Immigration and Nationality Act to establish a Cuban family reunification parole program, and for other purposes. ``(2) Interview.--The Secretary of Homeland Security, in consultation with the Department of State, shall conduct an interview of a qualified beneficiary to ensure that such beneficiary-- ``(A) is eligible for the Cuban family reunification program; ``(B) is admissible to the United States; ``(C) has passed a medical examination; and ``(D) has passed criminal and national security background checks required by the Secretary of Homeland Security for admission into the United States. ``(5) Funding.--Beginning on the date that is 60 days after the enactment of this Act, funds authorized for the processing of immigration petitions or applications at the United States Embassy in Havana, Cuba are authorized to fund the processing of immigration petitions or applications at the U.S. Naval Station. ``(7) Date specified.--The date specified in this paragraph is the date that is 60 days after the date which the Secretary of State determines that other accommodations have been made to allow for the regular and timely processing of immigration petitions or applications on the island of Cuba.

To amend the Immigration and Nationality Act to establish a Cuban family reunification parole program, and for other purposes. a) Findings.--Congress finds the following: (1) The Cuban Family Reunification Parole (CFRP) program, initiated by President George W. Bush in 2007, allows United States citizens or lawful permanent residents to apply for their family members in Cuba to join them in the United States. ( ( ``(2) Interview.--The Secretary of Homeland Security, in consultation with the Department of State, shall conduct an interview of a qualified beneficiary to ensure that such beneficiary-- ``(A) is eligible for the Cuban family reunification program; ``(B) is admissible to the United States; ``(C) has passed a medical examination; and ``(D) has passed criminal and national security background checks required by the Secretary of Homeland Security for admission into the United States. ``(2) Minor children.--The Secretary of Homeland Security, in coordination with the Secretary of State, shall take all reasonable measures to prioritize a petition for a qualified beneficiary to be paroled into the United States if such qualified beneficiary-- ``(A) is a minor child; and ``(B) has a custodial parent who is the beneficiary of an immigrant visa and such visa will expire prior to the date of the interview under subsection (b)(2) for the minor child. Naval Station would not hinder ordinary operations or pose a threat to national security. ``(7) Date specified.--The date specified in this paragraph is the date that is 60 days after the date which the Secretary of State determines that other accommodations have been made to allow for the regular and timely processing of immigration petitions or applications on the island of Cuba.

Cuban Family Reunification Modernization Act of 2021 or the CFRM Act of 2019 This bill amends the Immigration and Nationality Act to direct the Department of Homeland Security (DHS) to establish a Cuban family reunification parole program under which the Secretary may grant parole to a qualified beneficiary on whose behalf a petition has been approved. A petitioner may submit an application to the Secretary Directs the Secretary of Homeland Security (DHS) to: (1) take all reasonable measures to prioritize a petition for a minor beneficiary to be paroled into the United States if such beneficiary is a minor child; and (2) have a custodial parent who is the beneficiary of an immigrant visa and such visa will expire prior to the date of the interview for the minor child

S.3708

Foreign Trade and International Finance

Trading System Preservation Act This bill authorizes the President to enter into covered plurilateral trade agreements. Covered plurilateral trade agreement refers to a sector-specific agreement within the framework of the World Trade Organization (WTO) involving foreign countries or foreign territories that form a subset of the members of the WTO that does not extend benefits on a most-favored-nation basis. Specifically, the bill requires the U.S. Trade Representative to provide a classified briefing to specified congressional committees on the feasibility and advisability of pursuing and adopting covered plurilateral trade agreements. After the congressional briefing, the bill directs the President to initiate negotiations for a covered plurilateral trade agreement when the President determines it is in the national interest to do so. The bill authorizes the President to enter into these agreements in specified sectors of the economy (e.g., digital services and pharmaceuticals), with such authority expiring on July 1, 2027. Further, the President may proclaim a modification or continuance of any existing duty or continuance of existing excise or duty-free treatment to carry out an agreement.

To provide the President with authority to enter into certain plurilateral trade agreements with benefits only applying to signatories of those agreements, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Trading System Preservation Act''. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress makes the following findings: (1) The World Trade Organization (in this section referred to as the ``WTO'') was established to be a forum for multilateral trade negotiations between member countries. (2) Scant negotiating progress has been made at the WTO since its creation in 1995, including through the failed Doha Round, which was initiated 20 years before the date of the enactment of this Act. (3) The inability to reach negotiated outcomes at the WTO has pushed the multilateral trading system to the brink of irrelevance and created incentives for members of the WTO to pursue their trade policy objectives through litigation rather than negotiation. (4) That lack of negotiating progress can be generally attributed to a small minority of WTO members that, for a variety of reasons, have exercised an effective veto over negotiations, effectively prohibiting agreement on new rules to discipline discriminatory practices. (5) Most favored nation (in this section referred to as ``MFN'') obligations, strictly defined, which appear to generally require equal treatment of all WTO members, make it difficult to achieve high-quality plurilateral agreements because of concerns about free ridership by WTO members who are not party to those agreements. (b) Sense of Congress.--It is the sense of Congress that-- (1) the WTO system affords a variety of flexibilities for WTO members to negotiate and conclude plurilateral agreements without extending the benefits negotiated therein to the entire membership of the WTO on an MFN basis; (2) to reinvigorate the multilateral trading system and advance its trade interests, the United States should exercise its rights to negotiate new sectoral trade agreements with other interested WTO members on a plurilateral basis; (3) to facilitate those negotiations, enable a high level of ambition, and avoid lowest common denominator outcomes, any new benefits negotiated under those new agreements should be limited to the participants and not extended to the entire membership of the WTO; and (4) pursuing plurilateral agreements that are not subject to unconditional MFN will enable the United States to work with like-minded countries within the framework of the WTO to develop new rules to discipline discriminatory, trade distorting, and non-market practices, restore the relevance of the multilateral trading system, and expand trade to the benefit of the citizens of the United States. SEC. 3. BRIEFING ON PLURILATERAL AGREEMENTS WITH BENEFITS APPLYING ONLY TO SIGNATORIES OF THOSE AGREEMENTS. (a) In General.--Not later than 120 days after the date of the enactment of this Act, the United States Trade Representative shall provide to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a classified briefing on the feasibility and advisability of pursuing and adopting covered plurilateral trade agreements. (b) Elements.--The briefing required under subsection (a) shall include a discussion of the opportunities, obstacles, feasibility, and advisability of negotiating and adopting covered plurilateral trade agreements. (c) Definitions.--In this section: (1) Covered plurilateral trade agreement.--The term ``covered plurilateral trade agreement'' means a sector- specific agreement within the framework of the World Trade Organization involving foreign countries or foreign territories that form a subset of the members of the World Trade Organization that does not extend benefits on a most favored nation basis. (2) Most favored nation.--The term ``most favored nation'', with respect to requirements relating to a trade agreement, means requirements under the World Trade Organization for nondiscriminatory trade treatment among all parties to the agreement. SEC. 4. NEGOTIATING AND TRADE AGREEMENTS AUTHORITY FOR CERTAIN PLURILATERAL AGREEMENTS WITH BENEFITS APPLYING ONLY TO SIGNATORIES OF THOSE AGREEMENTS. (a) Initiation of Negotiations.-- (1) In general.--In order to enhance the economic well- being of the United States, the President shall initiate negotiations for a covered plurilateral trade agreement under this section when the President determines that it is in the national interest to do so. (2) Limitation.--The President may not initiate negotiations for a covered plurilateral trade agreement under this section until the date on which the United States Trade Representative provides the briefing required by section 3(a). (b) Authority for Agreements.-- (1) In general.--To strengthen the economic competitiveness of the United States by improving trade relations with countries similarly interested, the President may enter into covered plurilateral trade agreements in a sector of the economy specified in subsection (d). (2) Termination of authority.--The authority under paragraph (1) terminates on July 1, 2027. (c) Modifications Permitted.-- (1) In general.--Subject to paragraph (2), the President may proclaim such modification or continuance of any existing duty or continuance of existing duty-free or excise treatment as the President determines to be required or appropriate to carry out an agreement entered into under subsection (b). (2) Limitation.--Substantial modifications to, or substantial additional provisions of, an agreement entered into after July 1, 2027, are not covered by the authority under paragraph (1). (d) Sectors of the Economy Specified.--A sector of the economy specified in this subsection is any of the following sectors: (1) E-commerce and digital services. (2) Pharmaceuticals and medical countermeasures. (3) Environmental goods. (4) Services. (5) Any sector that is subject to substantial interference by a foreign government, including through excessive subsidies or state-owned enterprises. (e) Consultation With and Notification to Congress.--The President shall consult with Congress regarding, and notify Congress of, the intention of the President to enter into an agreement under subsection (b) or to make a proclamation under subsection (c). (f) Participating Countries.-- (1) In general.--Subject to paragraph (2), the President may determine which foreign countries or foreign territories to negotiate with toward an agreement under this section and, after the implementation of any such agreement, the President may, as conditions warrant, identify and engage in negotiations with additional countries or territories that wish to accede to the agreement. (2) Non-market economy country.-- (A) In general.--The President may not negotiate an agreement under this section with a foreign country or foreign territory determined to be a non-market economy country pursuant to section 771(18) of the Tariff Act of 1930 (19 U.S.C. 1677(18)). (B) After entry into force.--A foreign country or foreign territory described in subparagraph (A) may accede to a completed agreement negotiated pursuant to this section after entry into force of the agreement if a joint resolution is first enacted approving the accession of that country to the agreement. (g) Bills Qualifying for Trade Authorities Procedures.-- (1) Implementing bills.-- (A) In general.--The provisions of section 151 of the Trade Act of 1974 (19 U.S.C. 2191) apply to a bill of either House of Congress which contains provisions described in subparagraph (B) to the same extent as such section 151 applies to implementing bills under that section. A bill to which this paragraph applies shall hereafter in this section be referred to as an ``implementing bill''. (B) Provisions specified.--The provisions described in this subparagraph are-- (i) a provision approving a trade agreement entered into under this section and approving the statement of administrative action, if any, proposed to implement such trade agreement; and (ii) if changes in existing laws or new statutory authority are required to implement such trade agreement or agreements, only such provisions as are strictly necessary or appropriate to implement such trade agreement or agreements, either repealing or amending existing laws or providing new statutory authority. (2) Deadline for submission of bill.--The procedures under paragraph (1) apply to implementing bills submitted with respect to trade agreements entered into under this section before July 1, 2027. (h) Relationship to Bipartisan Congressional Trade Priorities and Accountability Act of 2015.--An agreement under this section shall not enter into force with respect to the United States and an implementing bill shall not qualify for trade authorities procedures under subsection (g), including an agreement that does not require changes to United States law or an implementing bill in connection therewith, unless the following requirements under the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (19 U.S.C. 4201 et seq.) are carried out with respect to that agreement or implementing bill to the same extent as would be required of an agreement entered into under section 103(b) of that Act (19 U.S.C. 4202(b)), notwithstanding the expiration of authority to enter into an agreement under such section 103(b): (1) The trade negotiating objectives under section 102 of that Act (19 U.S.C. 4201). (2) The congressional oversight and consultation requirements under section 104 of that Act (19 U.S.C. 4203). (3) The notification, consultation, and reporting requirements under section 105 of that Act (19 U.S.C. 4204). (4) The implementation procedures under section 106 of that Act (19 U.S.C. 4205). (i) Definitions.--In this section: (1) Covered plurilateral trade agreement.--The term ``covered plurilateral trade agreement'' means a sector- specific agreement within the framework of the World Trade Organization involving foreign countries or foreign territories that form a subset of the members of the World Trade Organization that does not extend benefits on a most favored nation basis. (2) Most favored nation.--The term ``most favored nation'', with respect to requirements relating to a trade agreement, means requirements under the World Trade Organization for nondiscriminatory trade treatment among all parties to the agreement. <all>

Trading System Preservation Act

A bill to provide the President with authority to enter into certain plurilateral trade agreements with benefits only applying to signatories of those agreements, and for other purposes.

Trading System Preservation Act

Sen. Portman, Rob

R

OH

This bill authorizes the President to enter into covered plurilateral trade agreements. Covered plurilateral trade agreement refers to a sector-specific agreement within the framework of the World Trade Organization (WTO) involving foreign countries or foreign territories that form a subset of the members of the WTO that does not extend benefits on a most-favored-nation basis. Specifically, the bill requires the U.S. Trade Representative to provide a classified briefing to specified congressional committees on the feasibility and advisability of pursuing and adopting covered plurilateral trade agreements. After the congressional briefing, the bill directs the President to initiate negotiations for a covered plurilateral trade agreement when the President determines it is in the national interest to do so. The bill authorizes the President to enter into these agreements in specified sectors of the economy (e.g., digital services and pharmaceuticals), with such authority expiring on July 1, 2027. Further, the President may proclaim a modification or continuance of any existing duty or continuance of existing excise or duty-free treatment to carry out an agreement.

SHORT TITLE. This Act may be cited as the ``Trading System Preservation Act''. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress makes the following findings: (1) The World Trade Organization (in this section referred to as the ``WTO'') was established to be a forum for multilateral trade negotiations between member countries. (4) That lack of negotiating progress can be generally attributed to a small minority of WTO members that, for a variety of reasons, have exercised an effective veto over negotiations, effectively prohibiting agreement on new rules to discipline discriminatory practices. 3. (a) In General.--Not later than 120 days after the date of the enactment of this Act, the United States Trade Representative shall provide to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a classified briefing on the feasibility and advisability of pursuing and adopting covered plurilateral trade agreements. SEC. NEGOTIATING AND TRADE AGREEMENTS AUTHORITY FOR CERTAIN PLURILATERAL AGREEMENTS WITH BENEFITS APPLYING ONLY TO SIGNATORIES OF THOSE AGREEMENTS. (b) Authority for Agreements.-- (1) In general.--To strengthen the economic competitiveness of the United States by improving trade relations with countries similarly interested, the President may enter into covered plurilateral trade agreements in a sector of the economy specified in subsection (d). (2) Limitation.--Substantial modifications to, or substantial additional provisions of, an agreement entered into after July 1, 2027, are not covered by the authority under paragraph (1). (4) Services. (5) Any sector that is subject to substantial interference by a foreign government, including through excessive subsidies or state-owned enterprises. 1677(18)). (B) After entry into force.--A foreign country or foreign territory described in subparagraph (A) may accede to a completed agreement negotiated pursuant to this section after entry into force of the agreement if a joint resolution is first enacted approving the accession of that country to the agreement. A bill to which this paragraph applies shall hereafter in this section be referred to as an ``implementing bill''. (B) Provisions specified.--The provisions described in this subparagraph are-- (i) a provision approving a trade agreement entered into under this section and approving the statement of administrative action, if any, proposed to implement such trade agreement; and (ii) if changes in existing laws or new statutory authority are required to implement such trade agreement or agreements, only such provisions as are strictly necessary or appropriate to implement such trade agreement or agreements, either repealing or amending existing laws or providing new statutory authority. 4201). 4203). 4204). (4) The implementation procedures under section 106 of that Act (19 U.S.C. 4205). (2) Most favored nation.--The term ``most favored nation'', with respect to requirements relating to a trade agreement, means requirements under the World Trade Organization for nondiscriminatory trade treatment among all parties to the agreement.

This Act may be cited as the ``Trading System Preservation Act''. 2. (a) Findings.--Congress makes the following findings: (1) The World Trade Organization (in this section referred to as the ``WTO'') was established to be a forum for multilateral trade negotiations between member countries. 3. SEC. NEGOTIATING AND TRADE AGREEMENTS AUTHORITY FOR CERTAIN PLURILATERAL AGREEMENTS WITH BENEFITS APPLYING ONLY TO SIGNATORIES OF THOSE AGREEMENTS. (b) Authority for Agreements.-- (1) In general.--To strengthen the economic competitiveness of the United States by improving trade relations with countries similarly interested, the President may enter into covered plurilateral trade agreements in a sector of the economy specified in subsection (d). (5) Any sector that is subject to substantial interference by a foreign government, including through excessive subsidies or state-owned enterprises. 1677(18)). (B) After entry into force.--A foreign country or foreign territory described in subparagraph (A) may accede to a completed agreement negotiated pursuant to this section after entry into force of the agreement if a joint resolution is first enacted approving the accession of that country to the agreement. A bill to which this paragraph applies shall hereafter in this section be referred to as an ``implementing bill''. (B) Provisions specified.--The provisions described in this subparagraph are-- (i) a provision approving a trade agreement entered into under this section and approving the statement of administrative action, if any, proposed to implement such trade agreement; and (ii) if changes in existing laws or new statutory authority are required to implement such trade agreement or agreements, only such provisions as are strictly necessary or appropriate to implement such trade agreement or agreements, either repealing or amending existing laws or providing new statutory authority. 4201). (4) The implementation procedures under section 106 of that Act (19 U.S.C. (2) Most favored nation.--The term ``most favored nation'', with respect to requirements relating to a trade agreement, means requirements under the World Trade Organization for nondiscriminatory trade treatment among all parties to the agreement.

SHORT TITLE. This Act may be cited as the ``Trading System Preservation Act''. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress makes the following findings: (1) The World Trade Organization (in this section referred to as the ``WTO'') was established to be a forum for multilateral trade negotiations between member countries. (2) Scant negotiating progress has been made at the WTO since its creation in 1995, including through the failed Doha Round, which was initiated 20 years before the date of the enactment of this Act. (4) That lack of negotiating progress can be generally attributed to a small minority of WTO members that, for a variety of reasons, have exercised an effective veto over negotiations, effectively prohibiting agreement on new rules to discipline discriminatory practices. (b) Sense of Congress.--It is the sense of Congress that-- (1) the WTO system affords a variety of flexibilities for WTO members to negotiate and conclude plurilateral agreements without extending the benefits negotiated therein to the entire membership of the WTO on an MFN basis; (2) to reinvigorate the multilateral trading system and advance its trade interests, the United States should exercise its rights to negotiate new sectoral trade agreements with other interested WTO members on a plurilateral basis; (3) to facilitate those negotiations, enable a high level of ambition, and avoid lowest common denominator outcomes, any new benefits negotiated under those new agreements should be limited to the participants and not extended to the entire membership of the WTO; and (4) pursuing plurilateral agreements that are not subject to unconditional MFN will enable the United States to work with like-minded countries within the framework of the WTO to develop new rules to discipline discriminatory, trade distorting, and non-market practices, restore the relevance of the multilateral trading system, and expand trade to the benefit of the citizens of the United States. 3. (a) In General.--Not later than 120 days after the date of the enactment of this Act, the United States Trade Representative shall provide to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a classified briefing on the feasibility and advisability of pursuing and adopting covered plurilateral trade agreements. SEC. NEGOTIATING AND TRADE AGREEMENTS AUTHORITY FOR CERTAIN PLURILATERAL AGREEMENTS WITH BENEFITS APPLYING ONLY TO SIGNATORIES OF THOSE AGREEMENTS. (b) Authority for Agreements.-- (1) In general.--To strengthen the economic competitiveness of the United States by improving trade relations with countries similarly interested, the President may enter into covered plurilateral trade agreements in a sector of the economy specified in subsection (d). (2) Limitation.--Substantial modifications to, or substantial additional provisions of, an agreement entered into after July 1, 2027, are not covered by the authority under paragraph (1). (2) Pharmaceuticals and medical countermeasures. (3) Environmental goods. (4) Services. (5) Any sector that is subject to substantial interference by a foreign government, including through excessive subsidies or state-owned enterprises. 1677(18)). (B) After entry into force.--A foreign country or foreign territory described in subparagraph (A) may accede to a completed agreement negotiated pursuant to this section after entry into force of the agreement if a joint resolution is first enacted approving the accession of that country to the agreement. A bill to which this paragraph applies shall hereafter in this section be referred to as an ``implementing bill''. (B) Provisions specified.--The provisions described in this subparagraph are-- (i) a provision approving a trade agreement entered into under this section and approving the statement of administrative action, if any, proposed to implement such trade agreement; and (ii) if changes in existing laws or new statutory authority are required to implement such trade agreement or agreements, only such provisions as are strictly necessary or appropriate to implement such trade agreement or agreements, either repealing or amending existing laws or providing new statutory authority. 4201 et seq.) 4201). (2) The congressional oversight and consultation requirements under section 104 of that Act (19 U.S.C. 4203). 4204). (4) The implementation procedures under section 106 of that Act (19 U.S.C. 4205). (2) Most favored nation.--The term ``most favored nation'', with respect to requirements relating to a trade agreement, means requirements under the World Trade Organization for nondiscriminatory trade treatment among all parties to the agreement.

SHORT TITLE. This Act may be cited as the ``Trading System Preservation Act''. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress makes the following findings: (1) The World Trade Organization (in this section referred to as the ``WTO'') was established to be a forum for multilateral trade negotiations between member countries. (2) Scant negotiating progress has been made at the WTO since its creation in 1995, including through the failed Doha Round, which was initiated 20 years before the date of the enactment of this Act. (3) The inability to reach negotiated outcomes at the WTO has pushed the multilateral trading system to the brink of irrelevance and created incentives for members of the WTO to pursue their trade policy objectives through litigation rather than negotiation. (4) That lack of negotiating progress can be generally attributed to a small minority of WTO members that, for a variety of reasons, have exercised an effective veto over negotiations, effectively prohibiting agreement on new rules to discipline discriminatory practices. (b) Sense of Congress.--It is the sense of Congress that-- (1) the WTO system affords a variety of flexibilities for WTO members to negotiate and conclude plurilateral agreements without extending the benefits negotiated therein to the entire membership of the WTO on an MFN basis; (2) to reinvigorate the multilateral trading system and advance its trade interests, the United States should exercise its rights to negotiate new sectoral trade agreements with other interested WTO members on a plurilateral basis; (3) to facilitate those negotiations, enable a high level of ambition, and avoid lowest common denominator outcomes, any new benefits negotiated under those new agreements should be limited to the participants and not extended to the entire membership of the WTO; and (4) pursuing plurilateral agreements that are not subject to unconditional MFN will enable the United States to work with like-minded countries within the framework of the WTO to develop new rules to discipline discriminatory, trade distorting, and non-market practices, restore the relevance of the multilateral trading system, and expand trade to the benefit of the citizens of the United States. 3. (a) In General.--Not later than 120 days after the date of the enactment of this Act, the United States Trade Representative shall provide to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a classified briefing on the feasibility and advisability of pursuing and adopting covered plurilateral trade agreements. SEC. NEGOTIATING AND TRADE AGREEMENTS AUTHORITY FOR CERTAIN PLURILATERAL AGREEMENTS WITH BENEFITS APPLYING ONLY TO SIGNATORIES OF THOSE AGREEMENTS. (b) Authority for Agreements.-- (1) In general.--To strengthen the economic competitiveness of the United States by improving trade relations with countries similarly interested, the President may enter into covered plurilateral trade agreements in a sector of the economy specified in subsection (d). (c) Modifications Permitted.-- (1) In general.--Subject to paragraph (2), the President may proclaim such modification or continuance of any existing duty or continuance of existing duty-free or excise treatment as the President determines to be required or appropriate to carry out an agreement entered into under subsection (b). (2) Limitation.--Substantial modifications to, or substantial additional provisions of, an agreement entered into after July 1, 2027, are not covered by the authority under paragraph (1). (2) Pharmaceuticals and medical countermeasures. (3) Environmental goods. (4) Services. (5) Any sector that is subject to substantial interference by a foreign government, including through excessive subsidies or state-owned enterprises. (e) Consultation With and Notification to Congress.--The President shall consult with Congress regarding, and notify Congress of, the intention of the President to enter into an agreement under subsection (b) or to make a proclamation under subsection (c). 1677(18)). (B) After entry into force.--A foreign country or foreign territory described in subparagraph (A) may accede to a completed agreement negotiated pursuant to this section after entry into force of the agreement if a joint resolution is first enacted approving the accession of that country to the agreement. 2191) apply to a bill of either House of Congress which contains provisions described in subparagraph (B) to the same extent as such section 151 applies to implementing bills under that section. A bill to which this paragraph applies shall hereafter in this section be referred to as an ``implementing bill''. (B) Provisions specified.--The provisions described in this subparagraph are-- (i) a provision approving a trade agreement entered into under this section and approving the statement of administrative action, if any, proposed to implement such trade agreement; and (ii) if changes in existing laws or new statutory authority are required to implement such trade agreement or agreements, only such provisions as are strictly necessary or appropriate to implement such trade agreement or agreements, either repealing or amending existing laws or providing new statutory authority. (h) Relationship to Bipartisan Congressional Trade Priorities and Accountability Act of 2015.--An agreement under this section shall not enter into force with respect to the United States and an implementing bill shall not qualify for trade authorities procedures under subsection (g), including an agreement that does not require changes to United States law or an implementing bill in connection therewith, unless the following requirements under the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (19 U.S.C. 4201 et seq.) 4201). (2) The congressional oversight and consultation requirements under section 104 of that Act (19 U.S.C. 4203). 4204). (4) The implementation procedures under section 106 of that Act (19 U.S.C. 4205). (2) Most favored nation.--The term ``most favored nation'', with respect to requirements relating to a trade agreement, means requirements under the World Trade Organization for nondiscriminatory trade treatment among all parties to the agreement.

To provide the President with authority to enter into certain plurilateral trade agreements with benefits only applying to signatories of those agreements, and for other purposes. 3) The inability to reach negotiated outcomes at the WTO has pushed the multilateral trading system to the brink of irrelevance and created incentives for members of the WTO to pursue their trade policy objectives through litigation rather than negotiation. ( (5) Most favored nation (in this section referred to as ``MFN'') obligations, strictly defined, which appear to generally require equal treatment of all WTO members, make it difficult to achieve high-quality plurilateral agreements because of concerns about free ridership by WTO members who are not party to those agreements. ( BRIEFING ON PLURILATERAL AGREEMENTS WITH BENEFITS APPLYING ONLY TO SIGNATORIES OF THOSE AGREEMENTS. (a) In General.--Not later than 120 days after the date of the enactment of this Act, the United States Trade Representative shall provide to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a classified briefing on the feasibility and advisability of pursuing and adopting covered plurilateral trade agreements. ( 2) Most favored nation.--The term ``most favored nation'', with respect to requirements relating to a trade agreement, means requirements under the World Trade Organization for nondiscriminatory trade treatment among all parties to the agreement. (2) Limitation.--The President may not initiate negotiations for a covered plurilateral trade agreement under this section until the date on which the United States Trade Representative provides the briefing required by section 3(a). ( d) Sectors of the Economy Specified.--A sector of the economy specified in this subsection is any of the following sectors: (1) E-commerce and digital services. ( (e) Consultation With and Notification to Congress.--The President shall consult with Congress regarding, and notify Congress of, the intention of the President to enter into an agreement under subsection (b) or to make a proclamation under subsection (c). ( f) Participating Countries.-- (1) In general.--Subject to paragraph (2), the President may determine which foreign countries or foreign territories to negotiate with toward an agreement under this section and, after the implementation of any such agreement, the President may, as conditions warrant, identify and engage in negotiations with additional countries or territories that wish to accede to the agreement. ( 2191) apply to a bill of either House of Congress which contains provisions described in subparagraph (B) to the same extent as such section 151 applies to implementing bills under that section. 2) Deadline for submission of bill.--The procedures under paragraph (1) apply to implementing bills submitted with respect to trade agreements entered into under this section before July 1, 2027. ( are carried out with respect to that agreement or implementing bill to the same extent as would be required of an agreement entered into under section 103(b) of that Act (19 U.S.C. 4202(b)), notwithstanding the expiration of authority to enter into an agreement under such section 103(b): (1) The trade negotiating objectives under section 102 of that Act (19 U.S.C. 4201). ( 2) The congressional oversight and consultation requirements under section 104 of that Act (19 U.S.C. 4203). (

To provide the President with authority to enter into certain plurilateral trade agreements with benefits only applying to signatories of those agreements, and for other purposes. 3) The inability to reach negotiated outcomes at the WTO has pushed the multilateral trading system to the brink of irrelevance and created incentives for members of the WTO to pursue their trade policy objectives through litigation rather than negotiation. ( BRIEFING ON PLURILATERAL AGREEMENTS WITH BENEFITS APPLYING ONLY TO SIGNATORIES OF THOSE AGREEMENTS. ( a) In General.--Not later than 120 days after the date of the enactment of this Act, the United States Trade Representative shall provide to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a classified briefing on the feasibility and advisability of pursuing and adopting covered plurilateral trade agreements. ( (2) Most favored nation.--The term ``most favored nation'', with respect to requirements relating to a trade agreement, means requirements under the World Trade Organization for nondiscriminatory trade treatment among all parties to the agreement. c) Modifications Permitted.-- (1) In general.--Subject to paragraph (2), the President may proclaim such modification or continuance of any existing duty or continuance of existing duty-free or excise treatment as the President determines to be required or appropriate to carry out an agreement entered into under subsection (b). ( 2) Pharmaceuticals and medical countermeasures. ( (f) Participating Countries.-- (1) In general.--Subject to paragraph (2), the President may determine which foreign countries or foreign territories to negotiate with toward an agreement under this section and, after the implementation of any such agreement, the President may, as conditions warrant, identify and engage in negotiations with additional countries or territories that wish to accede to the agreement. ( g) Bills Qualifying for Trade Authorities Procedures.-- (1) Implementing bills.-- (A) In general.--The provisions of section 151 of the Trade Act of 1974 (19 U.S.C. 2191) apply to a bill of either House of Congress which contains provisions described in subparagraph (B) to the same extent as such section 151 applies to implementing bills under that section. (h) Relationship to Bipartisan Congressional Trade Priorities and Accountability Act of 2015.--An agreement under this section shall not enter into force with respect to the United States and an implementing bill shall not qualify for trade authorities procedures under subsection (g), including an agreement that does not require changes to United States law or an implementing bill in connection therewith, unless the following requirements under the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (19 U.S.C. 4201 et seq.) 2) The congressional oversight and consultation requirements under section 104 of that Act (19 U.S.C. 4203). (

To provide the President with authority to enter into certain plurilateral trade agreements with benefits only applying to signatories of those agreements, and for other purposes. 3) The inability to reach negotiated outcomes at the WTO has pushed the multilateral trading system to the brink of irrelevance and created incentives for members of the WTO to pursue their trade policy objectives through litigation rather than negotiation. ( BRIEFING ON PLURILATERAL AGREEMENTS WITH BENEFITS APPLYING ONLY TO SIGNATORIES OF THOSE AGREEMENTS. ( a) In General.--Not later than 120 days after the date of the enactment of this Act, the United States Trade Representative shall provide to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a classified briefing on the feasibility and advisability of pursuing and adopting covered plurilateral trade agreements. ( (2) Most favored nation.--The term ``most favored nation'', with respect to requirements relating to a trade agreement, means requirements under the World Trade Organization for nondiscriminatory trade treatment among all parties to the agreement. c) Modifications Permitted.-- (1) In general.--Subject to paragraph (2), the President may proclaim such modification or continuance of any existing duty or continuance of existing duty-free or excise treatment as the President determines to be required or appropriate to carry out an agreement entered into under subsection (b). ( 2) Pharmaceuticals and medical countermeasures. ( (f) Participating Countries.-- (1) In general.--Subject to paragraph (2), the President may determine which foreign countries or foreign territories to negotiate with toward an agreement under this section and, after the implementation of any such agreement, the President may, as conditions warrant, identify and engage in negotiations with additional countries or territories that wish to accede to the agreement. ( g) Bills Qualifying for Trade Authorities Procedures.-- (1) Implementing bills.-- (A) In general.--The provisions of section 151 of the Trade Act of 1974 (19 U.S.C. 2191) apply to a bill of either House of Congress which contains provisions described in subparagraph (B) to the same extent as such section 151 applies to implementing bills under that section. (h) Relationship to Bipartisan Congressional Trade Priorities and Accountability Act of 2015.--An agreement under this section shall not enter into force with respect to the United States and an implementing bill shall not qualify for trade authorities procedures under subsection (g), including an agreement that does not require changes to United States law or an implementing bill in connection therewith, unless the following requirements under the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (19 U.S.C. 4201 et seq.) 2) The congressional oversight and consultation requirements under section 104 of that Act (19 U.S.C. 4203). (

To provide the President with authority to enter into certain plurilateral trade agreements with benefits only applying to signatories of those agreements, and for other purposes. 3) The inability to reach negotiated outcomes at the WTO has pushed the multilateral trading system to the brink of irrelevance and created incentives for members of the WTO to pursue their trade policy objectives through litigation rather than negotiation. ( (5) Most favored nation (in this section referred to as ``MFN'') obligations, strictly defined, which appear to generally require equal treatment of all WTO members, make it difficult to achieve high-quality plurilateral agreements because of concerns about free ridership by WTO members who are not party to those agreements. ( BRIEFING ON PLURILATERAL AGREEMENTS WITH BENEFITS APPLYING ONLY TO SIGNATORIES OF THOSE AGREEMENTS. (a) In General.--Not later than 120 days after the date of the enactment of this Act, the United States Trade Representative shall provide to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a classified briefing on the feasibility and advisability of pursuing and adopting covered plurilateral trade agreements. ( 2) Most favored nation.--The term ``most favored nation'', with respect to requirements relating to a trade agreement, means requirements under the World Trade Organization for nondiscriminatory trade treatment among all parties to the agreement. (2) Limitation.--The President may not initiate negotiations for a covered plurilateral trade agreement under this section until the date on which the United States Trade Representative provides the briefing required by section 3(a). ( d) Sectors of the Economy Specified.--A sector of the economy specified in this subsection is any of the following sectors: (1) E-commerce and digital services. ( (e) Consultation With and Notification to Congress.--The President shall consult with Congress regarding, and notify Congress of, the intention of the President to enter into an agreement under subsection (b) or to make a proclamation under subsection (c). ( f) Participating Countries.-- (1) In general.--Subject to paragraph (2), the President may determine which foreign countries or foreign territories to negotiate with toward an agreement under this section and, after the implementation of any such agreement, the President may, as conditions warrant, identify and engage in negotiations with additional countries or territories that wish to accede to the agreement. ( 2191) apply to a bill of either House of Congress which contains provisions described in subparagraph (B) to the same extent as such section 151 applies to implementing bills under that section. 2) Deadline for submission of bill.--The procedures under paragraph (1) apply to implementing bills submitted with respect to trade agreements entered into under this section before July 1, 2027. ( are carried out with respect to that agreement or implementing bill to the same extent as would be required of an agreement entered into under section 103(b) of that Act (19 U.S.C. 4202(b)), notwithstanding the expiration of authority to enter into an agreement under such section 103(b): (1) The trade negotiating objectives under section 102 of that Act (19 U.S.C. 4201). ( 2) The congressional oversight and consultation requirements under section 104 of that Act (19 U.S.C. 4203). (

To provide the President with authority to enter into certain plurilateral trade agreements with benefits only applying to signatories of those agreements, and for other purposes. 3) The inability to reach negotiated outcomes at the WTO has pushed the multilateral trading system to the brink of irrelevance and created incentives for members of the WTO to pursue their trade policy objectives through litigation rather than negotiation. ( BRIEFING ON PLURILATERAL AGREEMENTS WITH BENEFITS APPLYING ONLY TO SIGNATORIES OF THOSE AGREEMENTS. ( a) In General.--Not later than 120 days after the date of the enactment of this Act, the United States Trade Representative shall provide to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a classified briefing on the feasibility and advisability of pursuing and adopting covered plurilateral trade agreements. ( (2) Most favored nation.--The term ``most favored nation'', with respect to requirements relating to a trade agreement, means requirements under the World Trade Organization for nondiscriminatory trade treatment among all parties to the agreement. c) Modifications Permitted.-- (1) In general.--Subject to paragraph (2), the President may proclaim such modification or continuance of any existing duty or continuance of existing duty-free or excise treatment as the President determines to be required or appropriate to carry out an agreement entered into under subsection (b). ( 2) Pharmaceuticals and medical countermeasures. ( (f) Participating Countries.-- (1) In general.--Subject to paragraph (2), the President may determine which foreign countries or foreign territories to negotiate with toward an agreement under this section and, after the implementation of any such agreement, the President may, as conditions warrant, identify and engage in negotiations with additional countries or territories that wish to accede to the agreement. ( g) Bills Qualifying for Trade Authorities Procedures.-- (1) Implementing bills.-- (A) In general.--The provisions of section 151 of the Trade Act of 1974 (19 U.S.C. 2191) apply to a bill of either House of Congress which contains provisions described in subparagraph (B) to the same extent as such section 151 applies to implementing bills under that section. (h) Relationship to Bipartisan Congressional Trade Priorities and Accountability Act of 2015.--An agreement under this section shall not enter into force with respect to the United States and an implementing bill shall not qualify for trade authorities procedures under subsection (g), including an agreement that does not require changes to United States law or an implementing bill in connection therewith, unless the following requirements under the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (19 U.S.C. 4201 et seq.) 2) The congressional oversight and consultation requirements under section 104 of that Act (19 U.S.C. 4203). (

To provide the President with authority to enter into certain plurilateral trade agreements with benefits only applying to signatories of those agreements, and for other purposes. 3) The inability to reach negotiated outcomes at the WTO has pushed the multilateral trading system to the brink of irrelevance and created incentives for members of the WTO to pursue their trade policy objectives through litigation rather than negotiation. ( (5) Most favored nation (in this section referred to as ``MFN'') obligations, strictly defined, which appear to generally require equal treatment of all WTO members, make it difficult to achieve high-quality plurilateral agreements because of concerns about free ridership by WTO members who are not party to those agreements. ( BRIEFING ON PLURILATERAL AGREEMENTS WITH BENEFITS APPLYING ONLY TO SIGNATORIES OF THOSE AGREEMENTS. (a) In General.--Not later than 120 days after the date of the enactment of this Act, the United States Trade Representative shall provide to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a classified briefing on the feasibility and advisability of pursuing and adopting covered plurilateral trade agreements. ( 2) Most favored nation.--The term ``most favored nation'', with respect to requirements relating to a trade agreement, means requirements under the World Trade Organization for nondiscriminatory trade treatment among all parties to the agreement. (2) Limitation.--The President may not initiate negotiations for a covered plurilateral trade agreement under this section until the date on which the United States Trade Representative provides the briefing required by section 3(a). ( d) Sectors of the Economy Specified.--A sector of the economy specified in this subsection is any of the following sectors: (1) E-commerce and digital services. ( (e) Consultation With and Notification to Congress.--The President shall consult with Congress regarding, and notify Congress of, the intention of the President to enter into an agreement under subsection (b) or to make a proclamation under subsection (c). ( f) Participating Countries.-- (1) In general.--Subject to paragraph (2), the President may determine which foreign countries or foreign territories to negotiate with toward an agreement under this section and, after the implementation of any such agreement, the President may, as conditions warrant, identify and engage in negotiations with additional countries or territories that wish to accede to the agreement. ( 2191) apply to a bill of either House of Congress which contains provisions described in subparagraph (B) to the same extent as such section 151 applies to implementing bills under that section. 2) Deadline for submission of bill.--The procedures under paragraph (1) apply to implementing bills submitted with respect to trade agreements entered into under this section before July 1, 2027. ( are carried out with respect to that agreement or implementing bill to the same extent as would be required of an agreement entered into under section 103(b) of that Act (19 U.S.C. 4202(b)), notwithstanding the expiration of authority to enter into an agreement under such section 103(b): (1) The trade negotiating objectives under section 102 of that Act (19 U.S.C. 4201). ( 2) The congressional oversight and consultation requirements under section 104 of that Act (19 U.S.C. 4203). (

To provide the President with authority to enter into certain plurilateral trade agreements with benefits only applying to signatories of those agreements, and for other purposes. 3) The inability to reach negotiated outcomes at the WTO has pushed the multilateral trading system to the brink of irrelevance and created incentives for members of the WTO to pursue their trade policy objectives through litigation rather than negotiation. ( BRIEFING ON PLURILATERAL AGREEMENTS WITH BENEFITS APPLYING ONLY TO SIGNATORIES OF THOSE AGREEMENTS. ( a) In General.--Not later than 120 days after the date of the enactment of this Act, the United States Trade Representative shall provide to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a classified briefing on the feasibility and advisability of pursuing and adopting covered plurilateral trade agreements. ( (2) Most favored nation.--The term ``most favored nation'', with respect to requirements relating to a trade agreement, means requirements under the World Trade Organization for nondiscriminatory trade treatment among all parties to the agreement. c) Modifications Permitted.-- (1) In general.--Subject to paragraph (2), the President may proclaim such modification or continuance of any existing duty or continuance of existing duty-free or excise treatment as the President determines to be required or appropriate to carry out an agreement entered into under subsection (b). ( 2) Pharmaceuticals and medical countermeasures. ( (f) Participating Countries.-- (1) In general.--Subject to paragraph (2), the President may determine which foreign countries or foreign territories to negotiate with toward an agreement under this section and, after the implementation of any such agreement, the President may, as conditions warrant, identify and engage in negotiations with additional countries or territories that wish to accede to the agreement. ( g) Bills Qualifying for Trade Authorities Procedures.-- (1) Implementing bills.-- (A) In general.--The provisions of section 151 of the Trade Act of 1974 (19 U.S.C. 2191) apply to a bill of either House of Congress which contains provisions described in subparagraph (B) to the same extent as such section 151 applies to implementing bills under that section. (h) Relationship to Bipartisan Congressional Trade Priorities and Accountability Act of 2015.--An agreement under this section shall not enter into force with respect to the United States and an implementing bill shall not qualify for trade authorities procedures under subsection (g), including an agreement that does not require changes to United States law or an implementing bill in connection therewith, unless the following requirements under the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (19 U.S.C. 4201 et seq.) 2) The congressional oversight and consultation requirements under section 104 of that Act (19 U.S.C. 4203). (

To provide the President with authority to enter into certain plurilateral trade agreements with benefits only applying to signatories of those agreements, and for other purposes. 2) Most favored nation.--The term ``most favored nation'', with respect to requirements relating to a trade agreement, means requirements under the World Trade Organization for nondiscriminatory trade treatment among all parties to the agreement. (2) Limitation.--The President may not initiate negotiations for a covered plurilateral trade agreement under this section until the date on which the United States Trade Representative provides the briefing required by section 3(a). ( 2) Deadline for submission of bill.--The procedures under paragraph (1) apply to implementing bills submitted with respect to trade agreements entered into under this section before July 1, 2027. ( are carried out with respect to that agreement or implementing bill to the same extent as would be required of an agreement entered into under section 103(b) of that Act (19 U.S.C. 4202(b)), notwithstanding the expiration of authority to enter into an agreement under such section 103(b): (1) The trade negotiating objectives under section 102 of that Act (19 U.S.C. 4201). ( 2) The congressional oversight and consultation requirements under section 104 of that Act (19 U.S.C. 4203). (

To provide the President with authority to enter into certain plurilateral trade agreements with benefits only applying to signatories of those agreements, and for other purposes. c) Modifications Permitted.-- (1) In general.--Subject to paragraph (2), the President may proclaim such modification or continuance of any existing duty or continuance of existing duty-free or excise treatment as the President determines to be required or appropriate to carry out an agreement entered into under subsection (b). ( (h) Relationship to Bipartisan Congressional Trade Priorities and Accountability Act of 2015.--An agreement under this section shall not enter into force with respect to the United States and an implementing bill shall not qualify for trade authorities procedures under subsection (g), including an agreement that does not require changes to United States law or an implementing bill in connection therewith, unless the following requirements under the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (19 U.S.C. 4201 et seq.) 2) The congressional oversight and consultation requirements under section 104 of that Act (19 U.S.C. 4203). (

To provide the President with authority to enter into certain plurilateral trade agreements with benefits only applying to signatories of those agreements, and for other purposes. 2) Most favored nation.--The term ``most favored nation'', with respect to requirements relating to a trade agreement, means requirements under the World Trade Organization for nondiscriminatory trade treatment among all parties to the agreement. (2) Limitation.--The President may not initiate negotiations for a covered plurilateral trade agreement under this section until the date on which the United States Trade Representative provides the briefing required by section 3(a). ( 2) Deadline for submission of bill.--The procedures under paragraph (1) apply to implementing bills submitted with respect to trade agreements entered into under this section before July 1, 2027. ( are carried out with respect to that agreement or implementing bill to the same extent as would be required of an agreement entered into under section 103(b) of that Act (19 U.S.C. 4202(b)), notwithstanding the expiration of authority to enter into an agreement under such section 103(b): (1) The trade negotiating objectives under section 102 of that Act (19 U.S.C. 4201). ( 2) The congressional oversight and consultation requirements under section 104 of that Act (19 U.S.C. 4203). (

Trading System Preservation Act - Directs the U.S. Trade Representative to provide to the Senate and the House of Representatives trade committees a classified briefing on the feasibility and advisability of pursuing and adopting a covered plurilateral trade agreement (a sector- specific agreement within the framework of the World Trade Organization involving foreign countries or foreign territories that form a subset of the members of the WTO that This bill authorizes the President to determine which foreign countries or foreign territories to negotiate with toward an agreement under the Trade Act of 1974 and, after the implementation of any such agreement, to identify and engage in negotiations with additional countries or territories that wish to accede to the agreement. The President may not negotiate an agreement with a non-market economy country, unless a joint resolution

H.R.6465

Crime and Law Enforcement

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

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

PRENDA Act of 2022

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

PRENDA Act of 2022 Prenatal Nondiscrimination Act of 2022

Rep. Wagner, Ann

R

MO

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

SHORT TITLE. This Act may be cited as the ``Prenatal Nondiscrimination Act of 2022'' or the ``PRENDA Act of 2022''. 2. FINDINGS AND CONSTITUTIONAL AUTHORITY. (a) Findings.--The Congress makes the following findings: (1) Women and girls possess the same fundamental human rights and civil rights as men and are essential to the formation of stable, peaceful societies. (3) United States law prohibits the dissimilar treatment of males and females who are similarly situated and prohibits sex discrimination in various contexts, including the provision of employment, education, housing, health insurance coverage, and athletics. (4) A ``sex-selection abortion'' is an abortion undertaken for purposes of eliminating an unborn child of an undesired sex. Sex is an immutable characteristic ascertainable at the earliest stages of human development through existing medical technology and procedures commonly in use, including maternal-fetal bloodstream DNA sampling, amniocentesis, chorionic villus sampling or ``CVS'', and obstetric ultrasound. The elimination of discriminatory practices has been and is among the highest priorities and greatest achievements of American history. 3. DISCRIMINATION AGAINST THE UNBORN ON THE BASIS OF SEX. (a) In General.--Chapter 13 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 250. ``(b) Civil Remedies.-- ``(1) Civil action by woman on whom abortion is performed.--A woman upon whom an abortion has been performed or attempted in violation of subsection (a)(2) may in a civil action against any person who engaged in a violation of subsection (a) obtain appropriate relief. ``(5) Attorneys fees for plaintiff.--The court shall award a reasonable attorney's fee as part of the costs to a prevailing plaintiff in a civil action under this subsection. Whoever violates this requirement shall be fined under this title or imprisoned not more than 1 year, or both. ``(f) Expedited Consideration.--It shall be the duty of the United States district courts, United States courts of appeal, and the Supreme Court of the United States to advance on the docket and to expedite to the greatest possible extent the disposition of any matter brought under this section. ``(2) Orders to parties, witnesses, and counsel.--The court shall issue appropriate orders to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard the identity of the woman described in paragraph (1) from public disclosure. SEC. If any portion of this Act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect the portions or applications of this Act which can be given effect without the invalid portion or application.

SHORT TITLE. This Act may be cited as the ``Prenatal Nondiscrimination Act of 2022'' or the ``PRENDA Act of 2022''. 2. FINDINGS AND CONSTITUTIONAL AUTHORITY. (a) Findings.--The Congress makes the following findings: (1) Women and girls possess the same fundamental human rights and civil rights as men and are essential to the formation of stable, peaceful societies. (3) United States law prohibits the dissimilar treatment of males and females who are similarly situated and prohibits sex discrimination in various contexts, including the provision of employment, education, housing, health insurance coverage, and athletics. (4) A ``sex-selection abortion'' is an abortion undertaken for purposes of eliminating an unborn child of an undesired sex. The elimination of discriminatory practices has been and is among the highest priorities and greatest achievements of American history. 3. DISCRIMINATION AGAINST THE UNBORN ON THE BASIS OF SEX. 250. ``(b) Civil Remedies.-- ``(1) Civil action by woman on whom abortion is performed.--A woman upon whom an abortion has been performed or attempted in violation of subsection (a)(2) may in a civil action against any person who engaged in a violation of subsection (a) obtain appropriate relief. ``(5) Attorneys fees for plaintiff.--The court shall award a reasonable attorney's fee as part of the costs to a prevailing plaintiff in a civil action under this subsection. ``(f) Expedited Consideration.--It shall be the duty of the United States district courts, United States courts of appeal, and the Supreme Court of the United States to advance on the docket and to expedite to the greatest possible extent the disposition of any matter brought under this section. ``(2) Orders to parties, witnesses, and counsel.--The court shall issue appropriate orders to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard the identity of the woman described in paragraph (1) from public disclosure. SEC. If any portion of this Act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect the portions or applications of this Act which can be given effect without the invalid portion or application.

SHORT TITLE. This Act may be cited as the ``Prenatal Nondiscrimination Act of 2022'' or the ``PRENDA Act of 2022''. 2. FINDINGS AND CONSTITUTIONAL AUTHORITY. (a) Findings.--The Congress makes the following findings: (1) Women and girls possess the same fundamental human rights and civil rights as men and are essential to the formation of stable, peaceful societies. (2) Approximately 126,000,000 women and girls are missing from the world population due to systematic violence against women and girls, particularly sex-selection abortions, according to the United Nations Population Fund. (3) United States law prohibits the dissimilar treatment of males and females who are similarly situated and prohibits sex discrimination in various contexts, including the provision of employment, education, housing, health insurance coverage, and athletics. (4) A ``sex-selection abortion'' is an abortion undertaken for purposes of eliminating an unborn child of an undesired sex. Sex-selection abortion is described by scholars and civil rights advocates as an act of sex-based or gender-based violence, predicated on sex discrimination. Sex is an immutable characteristic ascertainable at the earliest stages of human development through existing medical technology and procedures commonly in use, including maternal-fetal bloodstream DNA sampling, amniocentesis, chorionic villus sampling or ``CVS'', and obstetric ultrasound. Women, once subjected to sex discrimination that denied them the right to vote, now have suffrage guaranteed by the 19th Amendment. The elimination of discriminatory practices has been and is among the highest priorities and greatest achievements of American history. Thus, Congress has a compelling interest in acting--indeed it must act--to prohibit sex-selection abortion. (b) Constitutional Authority.--In accordance with the above findings, Congress enacts the following pursuant to Congress' power under-- (1) the Commerce Clause; (2) section 5 of the 14th Amendment, including the power to enforce the prohibition on government action denying equal protection of the laws; and (3) section 8 of article I to make all laws necessary and proper for the carrying into execution of powers vested by the Constitution in the Government of the United States. 3. DISCRIMINATION AGAINST THE UNBORN ON THE BASIS OF SEX. (a) In General.--Chapter 13 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 250. ``(b) Civil Remedies.-- ``(1) Civil action by woman on whom abortion is performed.--A woman upon whom an abortion has been performed or attempted in violation of subsection (a)(2) may in a civil action against any person who engaged in a violation of subsection (a) obtain appropriate relief. ``(5) Attorneys fees for plaintiff.--The court shall award a reasonable attorney's fee as part of the costs to a prevailing plaintiff in a civil action under this subsection. Whoever violates this requirement shall be fined under this title or imprisoned not more than 1 year, or both. ``(f) Expedited Consideration.--It shall be the duty of the United States district courts, United States courts of appeal, and the Supreme Court of the United States to advance on the docket and to expedite to the greatest possible extent the disposition of any matter brought under this section. Such orders may be made upon motion, but shall be made sua sponte if not otherwise sought by a party. ``(2) Orders to parties, witnesses, and counsel.--The court shall issue appropriate orders to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard the identity of the woman described in paragraph (1) from public disclosure. ``(h) Definition.--In this section-- ``(1) the term `abortion' means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to-- ``(A) kill the unborn child of a woman known to be pregnant; or ``(B) terminate the pregnancy of a woman known to be pregnant, with an intention other than-- ``(i) after viability to produce a live birth and preserve the life and health of the child born alive; or ``(ii) to remove a dead unborn child; and ``(2) the term `sex-selection abortion' means an abortion undertaken for purposes of eliminating an unborn child of an undesired sex.''. SEC. SEVERABILITY. If any portion of this Act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect the portions or applications of this Act which can be given effect without the invalid portion or application.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Prenatal Nondiscrimination Act of 2022'' or the ``PRENDA Act of 2022''. 2. FINDINGS AND CONSTITUTIONAL AUTHORITY. (a) Findings.--The Congress makes the following findings: (1) Women and girls possess the same fundamental human rights and civil rights as men and are essential to the formation of stable, peaceful societies. (2) Approximately 126,000,000 women and girls are missing from the world population due to systematic violence against women and girls, particularly sex-selection abortions, according to the United Nations Population Fund. (3) United States law prohibits the dissimilar treatment of males and females who are similarly situated and prohibits sex discrimination in various contexts, including the provision of employment, education, housing, health insurance coverage, and athletics. (4) A ``sex-selection abortion'' is an abortion undertaken for purposes of eliminating an unborn child of an undesired sex. Sex-selection abortion is described by scholars and civil rights advocates as an act of sex-based or gender-based violence, predicated on sex discrimination. (6) Sex-selection abortions are not expressly prohibited by United States law, and only 7 States ban abortions for reason of sex selection at some point in pregnancy. Sex is an immutable characteristic ascertainable at the earliest stages of human development through existing medical technology and procedures commonly in use, including maternal-fetal bloodstream DNA sampling, amniocentesis, chorionic villus sampling or ``CVS'', and obstetric ultrasound. The people of the United States ultimately responded in the strongest possible legal terms by enacting a constitutional amendment correcting an element of this discrimination. Women, once subjected to sex discrimination that denied them the right to vote, now have suffrage guaranteed by the 19th Amendment. The elimination of discriminatory practices has been and is among the highest priorities and greatest achievements of American history. Thus, Congress has a compelling interest in acting--indeed it must act--to prohibit sex-selection abortion. (b) Constitutional Authority.--In accordance with the above findings, Congress enacts the following pursuant to Congress' power under-- (1) the Commerce Clause; (2) section 5 of the 14th Amendment, including the power to enforce the prohibition on government action denying equal protection of the laws; and (3) section 8 of article I to make all laws necessary and proper for the carrying into execution of powers vested by the Constitution in the Government of the United States. 3. DISCRIMINATION AGAINST THE UNBORN ON THE BASIS OF SEX. (a) In General.--Chapter 13 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 250. ``(b) Civil Remedies.-- ``(1) Civil action by woman on whom abortion is performed.--A woman upon whom an abortion has been performed or attempted in violation of subsection (a)(2) may in a civil action against any person who engaged in a violation of subsection (a) obtain appropriate relief. ``(3) Appropriate relief.--Appropriate relief in a civil action under this subsection includes-- ``(A) objectively verifiable money damages for all injuries, psychological and physical, including loss of companionship and support, occasioned by the violation of this section; and ``(B) punitive damages. ``(4) Injunctive relief.-- ``(A) In general.--A qualified plaintiff may in a civil action obtain injunctive relief to prevent an abortion provider from performing or attempting further abortions in violation of this section. ``(5) Attorneys fees for plaintiff.--The court shall award a reasonable attorney's fee as part of the costs to a prevailing plaintiff in a civil action under this subsection. ``(e) Reporting Requirement.--A physician, physician's assistant, nurse, counselor, or other medical or mental health professional shall report known or suspected violations of any of this section to appropriate Federal, State, and local law enforcement authorities. Whoever violates this requirement shall be fined under this title or imprisoned not more than 1 year, or both. ``(f) Expedited Consideration.--It shall be the duty of the United States district courts, United States courts of appeal, and the Supreme Court of the United States to advance on the docket and to expedite to the greatest possible extent the disposition of any matter brought under this section. Such orders may be made upon motion, but shall be made sua sponte if not otherwise sought by a party. ``(2) Orders to parties, witnesses, and counsel.--The court shall issue appropriate orders to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard the identity of the woman described in paragraph (1) from public disclosure. ``(3) Pseudonym required.--In the absence of written consent of the woman upon whom an abortion has been performed or attempted, any party, other than a public official, who brings an action under this section shall do so under a pseudonym. ``(4) Limitation.--This subsection shall not be construed to conceal the identity of the plaintiff or of witnesses from the defendant or from attorneys for the defendant. ``(h) Definition.--In this section-- ``(1) the term `abortion' means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to-- ``(A) kill the unborn child of a woman known to be pregnant; or ``(B) terminate the pregnancy of a woman known to be pregnant, with an intention other than-- ``(i) after viability to produce a live birth and preserve the life and health of the child born alive; or ``(ii) to remove a dead unborn child; and ``(2) the term `sex-selection abortion' means an abortion undertaken for purposes of eliminating an unborn child of an undesired sex.''. SEC. SEVERABILITY. If any portion of this Act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect the portions or applications of this Act which can be given effect without the invalid portion or application.

To prohibit discrimination against the unborn on the basis of sex, and for other purposes. By definition, sex- selection abortions do not implicate the health of the mother of the unborn, but instead are elective procedures motivated by sex or gender bias. (5) The targeted victims of sex-selection abortions performed in the United States and worldwide are overwhelmingly female. ( 7) Sex-selection abortions have the effect of diminishing the representation of women in the American population, and therefore, the American electorate. ( Thus, Congress has a compelling interest in acting--indeed it must act--to prohibit sex-selection abortion. (b) Constitutional Authority.--In accordance with the above findings, Congress enacts the following pursuant to Congress' power under-- (1) the Commerce Clause; (2) section 5 of the 14th Amendment, including the power to enforce the prohibition on government action denying equal protection of the laws; and (3) section 8 of article I to make all laws necessary and proper for the carrying into execution of powers vested by the Constitution in the Government of the United States. a) In General.--Chapter 13 of title 18, United States Code, is amended by adding at the end the following: ``Sec. ``(b) Civil Remedies.-- ``(1) Civil action by woman on whom abortion is performed.--A woman upon whom an abortion has been performed or attempted in violation of subsection (a)(2) may in a civil action against any person who engaged in a violation of subsection (a) obtain appropriate relief. ``(4) Injunctive relief.-- ``(A) In general.--A qualified plaintiff may in a civil action obtain injunctive relief to prevent an abortion provider from performing or attempting further abortions in violation of this section. ``(B) Definition.--In this paragraph the term `qualified plaintiff' means-- ``(i) a woman upon whom an abortion is performed or attempted in violation of this section; ``(ii) a maternal grandparent of the unborn child if the woman upon whom an abortion is performed or attempted in violation of this section is an unemancipated minor; ``(iii) the father of an unborn child who is the subject of an abortion performed or attempted in violation of subsection (a); or ``(iv) the Attorney General. ``(d) Loss of Federal Funding.--A violation of subsection (a) shall be deemed for the purposes of title VI of the Civil Rights Act of 1964 to be discrimination prohibited by section 601 of that Act. Whoever violates this requirement shall be fined under this title or imprisoned not more than 1 year, or both. ``(g) Protection of Privacy in Court Proceedings.-- ``(1) In general.--Except to the extent the Constitution or other similarly compelling reason requires, in every civil or criminal action under this section, the court shall make such orders as are necessary to protect the anonymity of any woman upon whom an abortion has been performed or attempted if she does not give her written consent to such disclosure. ``(4) Limitation.--This subsection shall not be construed to conceal the identity of the plaintiff or of witnesses from the defendant or from attorneys for the defendant. Discrimination against the unborn on the basis of sex.''.

To prohibit discrimination against the unborn on the basis of sex, and for other purposes. FINDINGS AND CONSTITUTIONAL AUTHORITY. ( By definition, sex- selection abortions do not implicate the health of the mother of the unborn, but instead are elective procedures motivated by sex or gender bias. ( 8) Sex-selection abortions reinforce sex discrimination and have no place in a civilized society. ( The people of the United States ultimately responded in the strongest possible legal terms by enacting a constitutional amendment correcting an element of this discrimination. 10) Implicitly approving the discriminatory practices of sex-selection abortion by choosing not to prohibit them will reinforce sex discrimination, and coarsen society to the value of females. ``(b) Civil Remedies.-- ``(1) Civil action by woman on whom abortion is performed.--A woman upon whom an abortion has been performed or attempted in violation of subsection (a)(2) may in a civil action against any person who engaged in a violation of subsection (a) obtain appropriate relief. ``(4) Injunctive relief.-- ``(A) In general.--A qualified plaintiff may in a civil action obtain injunctive relief to prevent an abortion provider from performing or attempting further abortions in violation of this section. ``(d) Loss of Federal Funding.--A violation of subsection (a) shall be deemed for the purposes of title VI of the Civil Rights Act of 1964 to be discrimination prohibited by section 601 of that Act. ``(g) Protection of Privacy in Court Proceedings.-- ``(1) In general.--Except to the extent the Constitution or other similarly compelling reason requires, in every civil or criminal action under this section, the court shall make such orders as are necessary to protect the anonymity of any woman upon whom an abortion has been performed or attempted if she does not give her written consent to such disclosure. b) Clerical Amendment.--The table of sections at the beginning of chapter 13 of title 18, United States Code, is amended by adding after the item relating to section 249 the following new item: ``250. Discrimination against the unborn on the basis of sex.''.

To prohibit discrimination against the unborn on the basis of sex, and for other purposes. FINDINGS AND CONSTITUTIONAL AUTHORITY. ( By definition, sex- selection abortions do not implicate the health of the mother of the unborn, but instead are elective procedures motivated by sex or gender bias. ( 8) Sex-selection abortions reinforce sex discrimination and have no place in a civilized society. ( The people of the United States ultimately responded in the strongest possible legal terms by enacting a constitutional amendment correcting an element of this discrimination. 10) Implicitly approving the discriminatory practices of sex-selection abortion by choosing not to prohibit them will reinforce sex discrimination, and coarsen society to the value of females. ``(b) Civil Remedies.-- ``(1) Civil action by woman on whom abortion is performed.--A woman upon whom an abortion has been performed or attempted in violation of subsection (a)(2) may in a civil action against any person who engaged in a violation of subsection (a) obtain appropriate relief. ``(4) Injunctive relief.-- ``(A) In general.--A qualified plaintiff may in a civil action obtain injunctive relief to prevent an abortion provider from performing or attempting further abortions in violation of this section. ``(d) Loss of Federal Funding.--A violation of subsection (a) shall be deemed for the purposes of title VI of the Civil Rights Act of 1964 to be discrimination prohibited by section 601 of that Act. ``(g) Protection of Privacy in Court Proceedings.-- ``(1) In general.--Except to the extent the Constitution or other similarly compelling reason requires, in every civil or criminal action under this section, the court shall make such orders as are necessary to protect the anonymity of any woman upon whom an abortion has been performed or attempted if she does not give her written consent to such disclosure. b) Clerical Amendment.--The table of sections at the beginning of chapter 13 of title 18, United States Code, is amended by adding after the item relating to section 249 the following new item: ``250. Discrimination against the unborn on the basis of sex.''.

To prohibit discrimination against the unborn on the basis of sex, and for other purposes. By definition, sex- selection abortions do not implicate the health of the mother of the unborn, but instead are elective procedures motivated by sex or gender bias. (5) The targeted victims of sex-selection abortions performed in the United States and worldwide are overwhelmingly female. ( 7) Sex-selection abortions have the effect of diminishing the representation of women in the American population, and therefore, the American electorate. ( Thus, Congress has a compelling interest in acting--indeed it must act--to prohibit sex-selection abortion. (b) Constitutional Authority.--In accordance with the above findings, Congress enacts the following pursuant to Congress' power under-- (1) the Commerce Clause; (2) section 5 of the 14th Amendment, including the power to enforce the prohibition on government action denying equal protection of the laws; and (3) section 8 of article I to make all laws necessary and proper for the carrying into execution of powers vested by the Constitution in the Government of the United States. a) In General.--Chapter 13 of title 18, United States Code, is amended by adding at the end the following: ``Sec. ``(b) Civil Remedies.-- ``(1) Civil action by woman on whom abortion is performed.--A woman upon whom an abortion has been performed or attempted in violation of subsection (a)(2) may in a civil action against any person who engaged in a violation of subsection (a) obtain appropriate relief. ``(4) Injunctive relief.-- ``(A) In general.--A qualified plaintiff may in a civil action obtain injunctive relief to prevent an abortion provider from performing or attempting further abortions in violation of this section. ``(B) Definition.--In this paragraph the term `qualified plaintiff' means-- ``(i) a woman upon whom an abortion is performed or attempted in violation of this section; ``(ii) a maternal grandparent of the unborn child if the woman upon whom an abortion is performed or attempted in violation of this section is an unemancipated minor; ``(iii) the father of an unborn child who is the subject of an abortion performed or attempted in violation of subsection (a); or ``(iv) the Attorney General. ``(d) Loss of Federal Funding.--A violation of subsection (a) shall be deemed for the purposes of title VI of the Civil Rights Act of 1964 to be discrimination prohibited by section 601 of that Act. Whoever violates this requirement shall be fined under this title or imprisoned not more than 1 year, or both. ``(g) Protection of Privacy in Court Proceedings.-- ``(1) In general.--Except to the extent the Constitution or other similarly compelling reason requires, in every civil or criminal action under this section, the court shall make such orders as are necessary to protect the anonymity of any woman upon whom an abortion has been performed or attempted if she does not give her written consent to such disclosure. ``(4) Limitation.--This subsection shall not be construed to conceal the identity of the plaintiff or of witnesses from the defendant or from attorneys for the defendant. Discrimination against the unborn on the basis of sex.''.

To prohibit discrimination against the unborn on the basis of sex, and for other purposes. FINDINGS AND CONSTITUTIONAL AUTHORITY. ( By definition, sex- selection abortions do not implicate the health of the mother of the unborn, but instead are elective procedures motivated by sex or gender bias. ( 8) Sex-selection abortions reinforce sex discrimination and have no place in a civilized society. ( The people of the United States ultimately responded in the strongest possible legal terms by enacting a constitutional amendment correcting an element of this discrimination. 10) Implicitly approving the discriminatory practices of sex-selection abortion by choosing not to prohibit them will reinforce sex discrimination, and coarsen society to the value of females. ``(b) Civil Remedies.-- ``(1) Civil action by woman on whom abortion is performed.--A woman upon whom an abortion has been performed or attempted in violation of subsection (a)(2) may in a civil action against any person who engaged in a violation of subsection (a) obtain appropriate relief. ``(4) Injunctive relief.-- ``(A) In general.--A qualified plaintiff may in a civil action obtain injunctive relief to prevent an abortion provider from performing or attempting further abortions in violation of this section. ``(d) Loss of Federal Funding.--A violation of subsection (a) shall be deemed for the purposes of title VI of the Civil Rights Act of 1964 to be discrimination prohibited by section 601 of that Act. ``(g) Protection of Privacy in Court Proceedings.-- ``(1) In general.--Except to the extent the Constitution or other similarly compelling reason requires, in every civil or criminal action under this section, the court shall make such orders as are necessary to protect the anonymity of any woman upon whom an abortion has been performed or attempted if she does not give her written consent to such disclosure. b) Clerical Amendment.--The table of sections at the beginning of chapter 13 of title 18, United States Code, is amended by adding after the item relating to section 249 the following new item: ``250. Discrimination against the unborn on the basis of sex.''.

To prohibit discrimination against the unborn on the basis of sex, and for other purposes. By definition, sex- selection abortions do not implicate the health of the mother of the unborn, but instead are elective procedures motivated by sex or gender bias. (5) The targeted victims of sex-selection abortions performed in the United States and worldwide are overwhelmingly female. ( 7) Sex-selection abortions have the effect of diminishing the representation of women in the American population, and therefore, the American electorate. ( Thus, Congress has a compelling interest in acting--indeed it must act--to prohibit sex-selection abortion. (b) Constitutional Authority.--In accordance with the above findings, Congress enacts the following pursuant to Congress' power under-- (1) the Commerce Clause; (2) section 5 of the 14th Amendment, including the power to enforce the prohibition on government action denying equal protection of the laws; and (3) section 8 of article I to make all laws necessary and proper for the carrying into execution of powers vested by the Constitution in the Government of the United States. a) In General.--Chapter 13 of title 18, United States Code, is amended by adding at the end the following: ``Sec. ``(b) Civil Remedies.-- ``(1) Civil action by woman on whom abortion is performed.--A woman upon whom an abortion has been performed or attempted in violation of subsection (a)(2) may in a civil action against any person who engaged in a violation of subsection (a) obtain appropriate relief. ``(4) Injunctive relief.-- ``(A) In general.--A qualified plaintiff may in a civil action obtain injunctive relief to prevent an abortion provider from performing or attempting further abortions in violation of this section. ``(B) Definition.--In this paragraph the term `qualified plaintiff' means-- ``(i) a woman upon whom an abortion is performed or attempted in violation of this section; ``(ii) a maternal grandparent of the unborn child if the woman upon whom an abortion is performed or attempted in violation of this section is an unemancipated minor; ``(iii) the father of an unborn child who is the subject of an abortion performed or attempted in violation of subsection (a); or ``(iv) the Attorney General. ``(d) Loss of Federal Funding.--A violation of subsection (a) shall be deemed for the purposes of title VI of the Civil Rights Act of 1964 to be discrimination prohibited by section 601 of that Act. Whoever violates this requirement shall be fined under this title or imprisoned not more than 1 year, or both. ``(g) Protection of Privacy in Court Proceedings.-- ``(1) In general.--Except to the extent the Constitution or other similarly compelling reason requires, in every civil or criminal action under this section, the court shall make such orders as are necessary to protect the anonymity of any woman upon whom an abortion has been performed or attempted if she does not give her written consent to such disclosure. ``(4) Limitation.--This subsection shall not be construed to conceal the identity of the plaintiff or of witnesses from the defendant or from attorneys for the defendant. Discrimination against the unborn on the basis of sex.''.

To prohibit discrimination against the unborn on the basis of sex, and for other purposes. FINDINGS AND CONSTITUTIONAL AUTHORITY. ( By definition, sex- selection abortions do not implicate the health of the mother of the unborn, but instead are elective procedures motivated by sex or gender bias. ( 8) Sex-selection abortions reinforce sex discrimination and have no place in a civilized society. ( The people of the United States ultimately responded in the strongest possible legal terms by enacting a constitutional amendment correcting an element of this discrimination. 10) Implicitly approving the discriminatory practices of sex-selection abortion by choosing not to prohibit them will reinforce sex discrimination, and coarsen society to the value of females. ``(b) Civil Remedies.-- ``(1) Civil action by woman on whom abortion is performed.--A woman upon whom an abortion has been performed or attempted in violation of subsection (a)(2) may in a civil action against any person who engaged in a violation of subsection (a) obtain appropriate relief. ``(4) Injunctive relief.-- ``(A) In general.--A qualified plaintiff may in a civil action obtain injunctive relief to prevent an abortion provider from performing or attempting further abortions in violation of this section. ``(d) Loss of Federal Funding.--A violation of subsection (a) shall be deemed for the purposes of title VI of the Civil Rights Act of 1964 to be discrimination prohibited by section 601 of that Act. ``(g) Protection of Privacy in Court Proceedings.-- ``(1) In general.--Except to the extent the Constitution or other similarly compelling reason requires, in every civil or criminal action under this section, the court shall make such orders as are necessary to protect the anonymity of any woman upon whom an abortion has been performed or attempted if she does not give her written consent to such disclosure. b) Clerical Amendment.--The table of sections at the beginning of chapter 13 of title 18, United States Code, is amended by adding after the item relating to section 249 the following new item: ``250. Discrimination against the unborn on the basis of sex.''.

To prohibit discrimination against the unborn on the basis of sex, and for other purposes. 7) Sex-selection abortions have the effect of diminishing the representation of women in the American population, and therefore, the American electorate. ( ``(4) Injunctive relief.-- ``(A) In general.--A qualified plaintiff may in a civil action obtain injunctive relief to prevent an abortion provider from performing or attempting further abortions in violation of this section. ``(g) Protection of Privacy in Court Proceedings.-- ``(1) In general.--Except to the extent the Constitution or other similarly compelling reason requires, in every civil or criminal action under this section, the court shall make such orders as are necessary to protect the anonymity of any woman upon whom an abortion has been performed or attempted if she does not give her written consent to such disclosure. ``(4) Limitation.--This subsection shall not be construed to conceal the identity of the plaintiff or of witnesses from the defendant or from attorneys for the defendant. Discrimination against the unborn on the basis of sex. ''.

To prohibit discrimination against the unborn on the basis of sex, and for other purposes. FINDINGS AND CONSTITUTIONAL AUTHORITY. ( By definition, sex- selection abortions do not implicate the health of the mother of the unborn, but instead are elective procedures motivated by sex or gender bias. ( 8) Sex-selection abortions reinforce sex discrimination and have no place in a civilized society. ( The people of the United States ultimately responded in the strongest possible legal terms by enacting a constitutional amendment correcting an element of this discrimination. 10) Implicitly approving the discriminatory practices of sex-selection abortion by choosing not to prohibit them will reinforce sex discrimination, and coarsen society to the value of females. ``(b) Civil Remedies.-- ``(1) Civil action by woman on whom abortion is performed.--A woman upon whom an abortion has been performed or attempted in violation of subsection (a)(2) may in a civil action against any person who engaged in a violation of subsection (a) obtain appropriate relief. ``(4) Injunctive relief.-- ``(A) In general.--A qualified plaintiff may in a civil action obtain injunctive relief to prevent an abortion provider from performing or attempting further abortions in violation of this section. ``(d) Loss of Federal Funding.--A violation of subsection (a) shall be deemed for the purposes of title VI of the Civil Rights Act of 1964 to be discrimination prohibited by section 601 of that Act. ``(g) Protection of Privacy in Court Proceedings.-- ``(1) In general.--Except to the extent the Constitution or other similarly compelling reason requires, in every civil or criminal action under this section, the court shall make such orders as are necessary to protect the anonymity of any woman upon whom an abortion has been performed or attempted if she does not give her written consent to such disclosure. b) Clerical Amendment.--The table of sections at the beginning of chapter 13 of title 18, United States Code, is amended by adding after the item relating to section 249 the following new item: ``250. Discrimination against the unborn on the basis of sex.''.

To prohibit discrimination against the unborn on the basis of sex, and for other purposes. 7) Sex-selection abortions have the effect of diminishing the representation of women in the American population, and therefore, the American electorate. ( ``(4) Injunctive relief.-- ``(A) In general.--A qualified plaintiff may in a civil action obtain injunctive relief to prevent an abortion provider from performing or attempting further abortions in violation of this section. ``(g) Protection of Privacy in Court Proceedings.-- ``(1) In general.--Except to the extent the Constitution or other similarly compelling reason requires, in every civil or criminal action under this section, the court shall make such orders as are necessary to protect the anonymity of any woman upon whom an abortion has been performed or attempted if she does not give her written consent to such disclosure. ``(4) Limitation.--This subsection shall not be construed to conceal the identity of the plaintiff or of witnesses from the defendant or from attorneys for the defendant. Discrimination against the unborn on the basis of sex. ''.

Prenatal Nondiscrimination Act of 2022 or the PRENDA Act - Amends the federal criminal code to prohibit discrimination against the unborn on the basis of sex. (Sec. 3) Prohibits a person from performing an abortion knowing that such abortion is sought based on the sex or gender of the child, using force or the threat of force to intentionally injure or Amends the federal criminal code to prohibit a woman upon whom a sex-selection abortion is performed from being prosecuted or held civilly liable for any violation of this Act, or for a conspiracy to violate it, for an offense under this Act based on a violation of such Act. (Currently, a woman may not be prosecuted for a violation or conspiracy under such Act.) Requires a physician

H.R.4406

Health

Supporting Medicaid in the U.S. Territories Act of 2021 This bill extends, increases, and otherwise modifies Medicaid funding for U.S. territories. Specifically, the bill extends (1) the temporarily increased Federal Medical Assistance Percentage (i.e., federal matching rate), and (2) a higher cap on Medicaid funding. Such provisions apply to Puerto Rico through FY2026 and to other territories through FY2029. The bill also requires Puerto Rico to implement an asset verification program and to report on its ability to comply with certain reporting requirements, procurement standards, and other Medicaid program integrity measures.

To amend titles XI and XIX of the Social Security Act to provide increased financial support to the territories under the Medicaid 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 ``Supporting Medicaid in the U.S. Territories Act of 2021''. SEC. 2. EXTENDING THE INCREASED FEDERAL MEDICAL ASSISTANCE PERCENTAGE AND CAP AMOUNTS FOR TERRITORIES. (a) Federal Medical Assistance Percentage Extension.-- (1) In general.--Section 1905(ff) of the Social Security Act (42 U.S.C. 1396d(ff)) is amended-- (A) in paragraph (2), by striking ``2021'' and inserting ``2026''; and (B) in paragraph (3), by striking ``2021'' and inserting ``2029''. (2) Ensuring program integrity.--Section 1108(g) of the Social Security Act (42 U.S.C. 1308(g)) is amended-- (A) in paragraph (7)(B)(i), in the matter preceding subclause (I), by striking ``2021'' and inserting ``2026''; and (B) in paragraph (8)(B), by striking ``2021'' and inserting ``2026''. (b) Cap Amount Extension.-- (1) Puerto rico.-- (A) Ensuring increased cap amount in response to covid-19.--Section 1108(g) of the Social Security Act (42 U.S.C. 1308(g)) is amended-- (i) in paragraph (2)(A)(ii), by striking ``2021'' and inserting ``2026''; and (ii) in paragraph (6)-- (I) in the header, by striking ``2021'' and inserting ``2026''; (II) in subparagraph (A)-- (aa) in clause (i), by striking ``and'' at the end; and (bb) in clause (ii)-- (AA) by striking ``fiscal year 2021'' and inserting ``each of fiscal years 2021 and 2022''; and (BB) by striking the period and inserting ``; and''; and (III) in subparagraph (B)-- (aa) in clause (i), by striking ``2021'' and inserting ``2026''; and (bb) in clause (ii)(II), by striking ``2021'' and inserting ``2026''. (B) Extension of cap amount for other years.-- Section 1108(g)(6)(A) of the Social Security Act (42 U.S.C. 1308(g)), as amended by subparagraph (A), is further amended by adding at the end the following new clause: ``(iii) for each of fiscal years 2023 through 2026, $2,719,072,000.''. (2) Other territories.-- (A) Ensuring increased cap amounts in response to covid-19.--Section 1108(g)(2) of the Social Security Act (42 U.S.C. 1308(g)(2)) is amended in each of subparagraphs (B)(iii), (C)(iii), (D)(iii), and (E)(iii), by striking ``fiscal year 2021'' and inserting ``each of fiscal years 2021 and 2022''. (B) Extension of cap amounts for other years.-- Section 1108(g)(2) of the Social Security Act (42 U.S.C. 1308(g)(2)) is amended-- (i) in subparagraph (B)-- (I) in clause (i), by striking ``clause (ii)'' and inserting ``clauses (ii) through (iv)''; (II) in clause (ii), by striking ``and'' at the end; (III) in clause (iii), by adding ``and'' at the end; and (IV) by adding at the end the following new clause: ``(iv) for each of fiscal years 2023 through 2029, $126,000,000;''; (ii) in subparagraph (C)-- (I) in clause (i), by striking ``clause (ii)'' and inserting ``clauses (ii) through (iv)''; (II) in clause (ii), by striking ``and'' at the end; (III) in clause (iii), by adding ``and'' at the end; and (IV) by adding at the end the following new clause: ``(iv) for each of fiscal years 2023 through 2029, $127,000,000;''; (iii) in subparagraph (D)-- (I) in clause (i), by striking ``clause (ii)'' and inserting ``clauses (ii) through (iv)''; (II) in clause (ii), by striking ``and'' at the end; (III) in clause (iii), by adding ``and'' at the end; and (IV) by adding at the end the following new clause: ``(iv) for each of fiscal years 2023 through 2029, $60,000,000; and''; and (iv) in subparagraph (E)-- (I) in clause (i), by striking ``clause (ii)'' and inserting ``clauses (ii) through (iv)''; (II) in clause (ii), by striking ``and'' at the end; (III) in clause (iii), by adding ``and'' at the end; and (IV) by adding at the end the following new clause: ``(iv) for each of fiscal years 2023 through 2029, $84,000,000.''. (3) Modification of special rule for calculation of cap amounts for certain years.--Section 1108(g)(2) of the Social Security Act (42 U.S.C. 1308(g)(2)) is amended, in the matter following subparagraph (E)-- (A) by striking ``fiscal year 2021'' and inserting ``fiscal year 2029 (or, in the case of Puerto Rico, fiscal year 2026)''; (B) by striking ``through 2021'' and inserting ``through 2029 (or, in the case of Puerto Rico, 2026)''; and (C) by striking ``each such subparagraph'' and inserting ``subparagraph (A) and any of clauses (ii) through (iv) of subparagraphs (B) through (E)''. (c) Application of Asset Verification Program Requirements to Puerto Rico.--Section 1940 of the Social Security Act (42 U.S.C. 1396w) is amended-- (1) in subsection (a)-- (A) in paragraph (3)(A), by adding at the end the following new clause: ``(iii) Implementation in puerto rico.--The Secretary shall require Puerto Rico to implement an asset verification program under this subsection by the end of fiscal year 2024.''; and (B) in paragraph (4)-- (i) in the paragraph heading, by striking ``Exemption of territories'' and inserting ``Exemption of certain territories''; and (ii) by striking ``and the District of Columbia'' and inserting ``, the District of Columbia, and Puerto Rico''; and (2) in subsection (k)-- (A) in paragraph (1)-- (i) by redesignating subparagraphs (A) through (D) as clauses (i) through (iv), respectively, and adjusting the margins accordingly; (ii) in the matter preceding clause (i), as so redesignated-- (I) by striking ``beginning on or after January 1, 2021''; and (II) by striking ``for a non- compliant State shall be reduced--'' and inserting the following: ``for-- ``(A) a non-compliant State that is one of the 50 States or the District of Columbia shall be reduced-- ''; (iii) in clause (iv), as so redesignated, by striking the period at the end and inserting ``; and''; and (iv) by adding at the end the following new subparagraph: ``(B) a non-compliant State that is Puerto Rico shall be reduced-- ``(i) for calendar quarters in fiscal years 2025 and 2026, by 0.12 percentage points; ``(ii) for calendar quarters in fiscal year 2027, by 0.25 percentage points; ``(iii) for calendar quarters in fiscal year 2028, by 0.35 percentage points; and ``(iv) for calendar quarters in fiscal year 2029 and each fiscal year thereafter, by 0.5 percentage points.''; and (B) in paragraph (2)(A), by striking ``or the District of Columbia'' and inserting ``the District of Columbia, or Puerto Rico''. (d) Extension of Reporting Requirement.--Section 1108(g)(9) of the Social Security Act (42 U.S.C. 1308(g)(9)) is amended-- (1) in subparagraph (A), by striking ``2021'' and inserting ``2029''; and (2) in subparagraph (B)(i), by inserting ``or by reason of the amendments made by section 2 of the Supporting Medicaid in the U.S. Territories Act of 2021'' before the period at the end. (e) Puerto Rico Program Integrity.--Section 1108(g)(7)(A) of the Social Security Act (42 U.S.C. 1308(g)(7)(A)) is amended-- (1) in clause (iii), in the header, by inserting ``reporting'' after ``reform''; and (2) by adding at the end the following new clauses: ``(v) Core set reporting compliance report.--Not later than October 1, 2022, Puerto Rico shall submit to the Chair and Ranking Member of the Committee on Energy and Commerce of the House of Representatives and the Chair and Ranking Member of the Committee on Finance of the Senate a report outlining steps being taken by Puerto Rico to reach compliance with the reporting requirements described in section 1139A(a)(4)(B) and section 1139B(b)(5)(C) and describing what further actions are needed by Puerto Rico in order to comply with such requirements with respect to annual State reports under section 1139A(c) and State reports under section 1139B(d)(1) beginning with fiscal year 2024. ``(vi) Contracting and procurement oversight lead requirement.-- ``(I) In general.--Not later than 6 months after the date of the enactment of this clause, the agency responsible for the administration of Puerto Rico's Medicaid program under title XIX shall designate an officer (other than the director of such agency) to serve as the Contracting and Procurement Oversight Lead to carry out the duties specified in subclause (II). ``(II) Duties.--Not later than 60 days after the end of each fiscal quarter (beginning with the first fiscal quarter beginning on or after the date that is 1 year after the date of the enactment of this clause), the officer designated pursuant to subclause (I) shall, with respect to each contract described in clause (iii) with an annual value exceeding $150,000 entered into during such quarter, certify to the Secretary either-- ``(aa) that such contract has met the procurement standards identified under any of sections 75.327, 75.328, and 75.329 of title 45, Code of Federal Regulations (or successor regulations); or ``(bb) that extenuating circumstances (including a lack of multiple entities competing for such contract) prevented the compliance of such contract with such standards. ``(III) Publication.--The officer designated pursuant to subclause (I) shall make public each certification containing extenuating circumstances described in subclause (II)(bb) not later than 30 days after such certification is made, including a description of, and justification of, such extenuating circumstances. ``(IV) Review of compliance.--Not later than 2 years after the date of the enactment of this clause, the Inspector General of the Department of Health and Human Services shall submit to Congress a report on the compliance of Puerto Rico with the provisions of this clause.''. <all>

Supporting Medicaid in the U.S. Territories Act of 2021

To amend titles XI and XIX of the Social Security Act to provide increased financial support to the territories under the Medicaid program, and for other purposes.

Supporting Medicaid in the U.S. Territories Act of 2021

Rep. Soto, Darren

D

FL

This bill extends, increases, and otherwise modifies Medicaid funding for U.S. territories. Specifically, the bill extends (1) the temporarily increased Federal Medical Assistance Percentage (i.e., federal matching rate), and (2) a higher cap on Medicaid funding. Such provisions apply to Puerto Rico through FY2026 and to other territories through FY2029. The bill also requires Puerto Rico to implement an asset verification program and to report on its ability to comply with certain reporting requirements, procurement standards, and other Medicaid program integrity measures.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. Territories Act of 2021''. EXTENDING THE INCREASED FEDERAL MEDICAL ASSISTANCE PERCENTAGE AND CAP AMOUNTS FOR TERRITORIES. 1308(g)(2)) is amended-- (i) in subparagraph (B)-- (I) in clause (i), by striking ``clause (ii)'' and inserting ``clauses (ii) through (iv)''; (II) in clause (ii), by striking ``and'' at the end; (III) in clause (iii), by adding ``and'' at the end; and (IV) by adding at the end the following new clause: ``(iv) for each of fiscal years 2023 through 2029, $126,000,000;''; (ii) in subparagraph (C)-- (I) in clause (i), by striking ``clause (ii)'' and inserting ``clauses (ii) through (iv)''; (II) in clause (ii), by striking ``and'' at the end; (III) in clause (iii), by adding ``and'' at the end; and (IV) by adding at the end the following new clause: ``(iv) for each of fiscal years 2023 through 2029, $127,000,000;''; (iii) in subparagraph (D)-- (I) in clause (i), by striking ``clause (ii)'' and inserting ``clauses (ii) through (iv)''; (II) in clause (ii), by striking ``and'' at the end; (III) in clause (iii), by adding ``and'' at the end; and (IV) by adding at the end the following new clause: ``(iv) for each of fiscal years 2023 through 2029, $60,000,000; and''; and (iv) in subparagraph (E)-- (I) in clause (i), by striking ``clause (ii)'' and inserting ``clauses (ii) through (iv)''; (II) in clause (ii), by striking ``and'' at the end; (III) in clause (iii), by adding ``and'' at the end; and (IV) by adding at the end the following new clause: ``(iv) for each of fiscal years 2023 through 2029, $84,000,000.''. ''; and (B) in paragraph (2)(A), by striking ``or the District of Columbia'' and inserting ``the District of Columbia, or Puerto Rico''. (e) Puerto Rico Program Integrity.--Section 1108(g)(7)(A) of the Social Security Act (42 U.S.C. ``(III) Publication.--The officer designated pursuant to subclause (I) shall make public each certification containing extenuating circumstances described in subclause (II)(bb) not later than 30 days after such certification is made, including a description of, and justification of, such extenuating circumstances.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. Territories Act of 2021''. EXTENDING THE INCREASED FEDERAL MEDICAL ASSISTANCE PERCENTAGE AND CAP AMOUNTS FOR TERRITORIES. 1308(g)(2)) is amended-- (i) in subparagraph (B)-- (I) in clause (i), by striking ``clause (ii)'' and inserting ``clauses (ii) through (iv)''; (II) in clause (ii), by striking ``and'' at the end; (III) in clause (iii), by adding ``and'' at the end; and (IV) by adding at the end the following new clause: ``(iv) for each of fiscal years 2023 through 2029, $126,000,000;''; (ii) in subparagraph (C)-- (I) in clause (i), by striking ``clause (ii)'' and inserting ``clauses (ii) through (iv)''; (II) in clause (ii), by striking ``and'' at the end; (III) in clause (iii), by adding ``and'' at the end; and (IV) by adding at the end the following new clause: ``(iv) for each of fiscal years 2023 through 2029, $127,000,000;''; (iii) in subparagraph (D)-- (I) in clause (i), by striking ``clause (ii)'' and inserting ``clauses (ii) through (iv)''; (II) in clause (ii), by striking ``and'' at the end; (III) in clause (iii), by adding ``and'' at the end; and (IV) by adding at the end the following new clause: ``(iv) for each of fiscal years 2023 through 2029, $60,000,000; and''; and (iv) in subparagraph (E)-- (I) in clause (i), by striking ``clause (ii)'' and inserting ``clauses (ii) through (iv)''; (II) in clause (ii), by striking ``and'' at the end; (III) in clause (iii), by adding ``and'' at the end; and (IV) by adding at the end the following new clause: ``(iv) for each of fiscal years 2023 through 2029, $84,000,000.''. ''; and (B) in paragraph (2)(A), by striking ``or the District of Columbia'' and inserting ``the District of Columbia, or Puerto Rico''. (e) Puerto Rico Program Integrity.--Section 1108(g)(7)(A) of the Social Security Act (42 U.S.C. ``(III) Publication.--The officer designated pursuant to subclause (I) shall make public each certification containing extenuating circumstances described in subclause (II)(bb) not later than 30 days after such certification is made, including a description of, and justification of, such extenuating circumstances.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Supporting Medicaid in the U.S. Territories Act of 2021''. SEC. EXTENDING THE INCREASED FEDERAL MEDICAL ASSISTANCE PERCENTAGE AND CAP AMOUNTS FOR TERRITORIES. 1308(g)) is amended-- (A) in paragraph (7)(B)(i), in the matter preceding subclause (I), by striking ``2021'' and inserting ``2026''; and (B) in paragraph (8)(B), by striking ``2021'' and inserting ``2026''. 1308(g)(2)) is amended-- (i) in subparagraph (B)-- (I) in clause (i), by striking ``clause (ii)'' and inserting ``clauses (ii) through (iv)''; (II) in clause (ii), by striking ``and'' at the end; (III) in clause (iii), by adding ``and'' at the end; and (IV) by adding at the end the following new clause: ``(iv) for each of fiscal years 2023 through 2029, $126,000,000;''; (ii) in subparagraph (C)-- (I) in clause (i), by striking ``clause (ii)'' and inserting ``clauses (ii) through (iv)''; (II) in clause (ii), by striking ``and'' at the end; (III) in clause (iii), by adding ``and'' at the end; and (IV) by adding at the end the following new clause: ``(iv) for each of fiscal years 2023 through 2029, $127,000,000;''; (iii) in subparagraph (D)-- (I) in clause (i), by striking ``clause (ii)'' and inserting ``clauses (ii) through (iv)''; (II) in clause (ii), by striking ``and'' at the end; (III) in clause (iii), by adding ``and'' at the end; and (IV) by adding at the end the following new clause: ``(iv) for each of fiscal years 2023 through 2029, $60,000,000; and''; and (iv) in subparagraph (E)-- (I) in clause (i), by striking ``clause (ii)'' and inserting ``clauses (ii) through (iv)''; (II) in clause (ii), by striking ``and'' at the end; (III) in clause (iii), by adding ``and'' at the end; and (IV) by adding at the end the following new clause: ``(iv) for each of fiscal years 2023 through 2029, $84,000,000.''. ''; and (B) in paragraph (2)(A), by striking ``or the District of Columbia'' and inserting ``the District of Columbia, or Puerto Rico''. (d) Extension of Reporting Requirement.--Section 1108(g)(9) of the Social Security Act (42 U.S.C. (e) Puerto Rico Program Integrity.--Section 1108(g)(7)(A) of the Social Security Act (42 U.S.C. ``(II) Duties.--Not later than 60 days after the end of each fiscal quarter (beginning with the first fiscal quarter beginning on or after the date that is 1 year after the date of the enactment of this clause), the officer designated pursuant to subclause (I) shall, with respect to each contract described in clause (iii) with an annual value exceeding $150,000 entered into during such quarter, certify to the Secretary either-- ``(aa) that such contract has met the procurement standards identified under any of sections 75.327, 75.328, and 75.329 of title 45, Code of Federal Regulations (or successor regulations); or ``(bb) that extenuating circumstances (including a lack of multiple entities competing for such contract) prevented the compliance of such contract with such standards. ``(III) Publication.--The officer designated pursuant to subclause (I) shall make public each certification containing extenuating circumstances described in subclause (II)(bb) not later than 30 days after such certification is made, including a description of, and justification of, such extenuating circumstances.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Supporting Medicaid in the U.S. Territories Act of 2021''. SEC. EXTENDING THE INCREASED FEDERAL MEDICAL ASSISTANCE PERCENTAGE AND CAP AMOUNTS FOR TERRITORIES. 1308(g)) is amended-- (A) in paragraph (7)(B)(i), in the matter preceding subclause (I), by striking ``2021'' and inserting ``2026''; and (B) in paragraph (8)(B), by striking ``2021'' and inserting ``2026''. 1308(g)(2)) is amended-- (i) in subparagraph (B)-- (I) in clause (i), by striking ``clause (ii)'' and inserting ``clauses (ii) through (iv)''; (II) in clause (ii), by striking ``and'' at the end; (III) in clause (iii), by adding ``and'' at the end; and (IV) by adding at the end the following new clause: ``(iv) for each of fiscal years 2023 through 2029, $126,000,000;''; (ii) in subparagraph (C)-- (I) in clause (i), by striking ``clause (ii)'' and inserting ``clauses (ii) through (iv)''; (II) in clause (ii), by striking ``and'' at the end; (III) in clause (iii), by adding ``and'' at the end; and (IV) by adding at the end the following new clause: ``(iv) for each of fiscal years 2023 through 2029, $127,000,000;''; (iii) in subparagraph (D)-- (I) in clause (i), by striking ``clause (ii)'' and inserting ``clauses (ii) through (iv)''; (II) in clause (ii), by striking ``and'' at the end; (III) in clause (iii), by adding ``and'' at the end; and (IV) by adding at the end the following new clause: ``(iv) for each of fiscal years 2023 through 2029, $60,000,000; and''; and (iv) in subparagraph (E)-- (I) in clause (i), by striking ``clause (ii)'' and inserting ``clauses (ii) through (iv)''; (II) in clause (ii), by striking ``and'' at the end; (III) in clause (iii), by adding ``and'' at the end; and (IV) by adding at the end the following new clause: ``(iv) for each of fiscal years 2023 through 2029, $84,000,000.''. ''; and (B) in paragraph (4)-- (i) in the paragraph heading, by striking ``Exemption of territories'' and inserting ``Exemption of certain territories''; and (ii) by striking ``and the District of Columbia'' and inserting ``, the District of Columbia, and Puerto Rico''; and (2) in subsection (k)-- (A) in paragraph (1)-- (i) by redesignating subparagraphs (A) through (D) as clauses (i) through (iv), respectively, and adjusting the margins accordingly; (ii) in the matter preceding clause (i), as so redesignated-- (I) by striking ``beginning on or after January 1, 2021''; and (II) by striking ``for a non- compliant State shall be reduced--'' and inserting the following: ``for-- ``(A) a non-compliant State that is one of the 50 States or the District of Columbia shall be reduced-- ''; (iii) in clause (iv), as so redesignated, by striking the period at the end and inserting ``; and''; and (iv) by adding at the end the following new subparagraph: ``(B) a non-compliant State that is Puerto Rico shall be reduced-- ``(i) for calendar quarters in fiscal years 2025 and 2026, by 0.12 percentage points; ``(ii) for calendar quarters in fiscal year 2027, by 0.25 percentage points; ``(iii) for calendar quarters in fiscal year 2028, by 0.35 percentage points; and ``(iv) for calendar quarters in fiscal year 2029 and each fiscal year thereafter, by 0.5 percentage points. ''; and (B) in paragraph (2)(A), by striking ``or the District of Columbia'' and inserting ``the District of Columbia, or Puerto Rico''. (d) Extension of Reporting Requirement.--Section 1108(g)(9) of the Social Security Act (42 U.S.C. (e) Puerto Rico Program Integrity.--Section 1108(g)(7)(A) of the Social Security Act (42 U.S.C. ``(vi) Contracting and procurement oversight lead requirement.-- ``(I) In general.--Not later than 6 months after the date of the enactment of this clause, the agency responsible for the administration of Puerto Rico's Medicaid program under title XIX shall designate an officer (other than the director of such agency) to serve as the Contracting and Procurement Oversight Lead to carry out the duties specified in subclause (II). ``(II) Duties.--Not later than 60 days after the end of each fiscal quarter (beginning with the first fiscal quarter beginning on or after the date that is 1 year after the date of the enactment of this clause), the officer designated pursuant to subclause (I) shall, with respect to each contract described in clause (iii) with an annual value exceeding $150,000 entered into during such quarter, certify to the Secretary either-- ``(aa) that such contract has met the procurement standards identified under any of sections 75.327, 75.328, and 75.329 of title 45, Code of Federal Regulations (or successor regulations); or ``(bb) that extenuating circumstances (including a lack of multiple entities competing for such contract) prevented the compliance of such contract with such standards. ``(III) Publication.--The officer designated pursuant to subclause (I) shall make public each certification containing extenuating circumstances described in subclause (II)(bb) not later than 30 days after such certification is made, including a description of, and justification of, such extenuating circumstances.

To amend titles XI and XIX of the Social Security Act to provide increased financial support to the territories under the Medicaid program, and for other purposes. 2) Ensuring program integrity.--Section 1108(g) of the Social Security Act (42 U.S.C. 1308(g)) is amended-- (A) in paragraph (7)(B)(i), in the matter preceding subclause (I), by striking ``2021'' and inserting ``2026''; and (B) in paragraph (8)(B), by striking ``2021'' and inserting ``2026''. ( B) Extension of cap amount for other years.-- Section 1108(g)(6)(A) of the Social Security Act (42 U.S.C. 1308(g)), as amended by subparagraph (A), is further amended by adding at the end the following new clause: ``(iii) for each of fiscal years 2023 through 2026, $2,719,072,000.''. ( 2) Other territories.-- (A) Ensuring increased cap amounts in response to covid-19.--Section 1108(g)(2) of the Social Security Act (42 U.S.C. 1308(g)(2)) is amended in each of subparagraphs (B)(iii), (C)(iii), (D)(iii), and (E)(iii), by striking ``fiscal year 2021'' and inserting ``each of fiscal years 2021 and 2022''. ( (3) Modification of special rule for calculation of cap amounts for certain years.--Section 1108(g)(2) of the Social Security Act (42 U.S.C. 1308(g)(2)) is amended, in the matter following subparagraph (E)-- (A) by striking ``fiscal year 2021'' and inserting ``fiscal year 2029 (or, in the case of Puerto Rico, fiscal year 2026)''; (B) by striking ``through 2021'' and inserting ``through 2029 (or, in the case of Puerto Rico, 2026)''; and (C) by striking ``each such subparagraph'' and inserting ``subparagraph (A) and any of clauses (ii) through (iv) of subparagraphs (B) through (E)''. ( c) Application of Asset Verification Program Requirements to Puerto Rico.--Section 1940 of the Social Security Act (42 U.S.C. 1396w) is amended-- (1) in subsection (a)-- (A) in paragraph (3)(A), by adding at the end the following new clause: ``(iii) Implementation in puerto rico.--The Secretary shall require Puerto Rico to implement an asset verification program under this subsection by the end of fiscal year 2024. and (B) in paragraph (2)(A), by striking ``or the District of Columbia'' and inserting ``the District of Columbia, or Puerto Rico''. (d) Extension of Reporting Requirement.--Section 1108(g)(9) of the Social Security Act (42 U.S.C. 1308(g)(9)) is amended-- (1) in subparagraph (A), by striking ``2021'' and inserting ``2029''; and (2) in subparagraph (B)(i), by inserting ``or by reason of the amendments made by section 2 of the Supporting Medicaid in the U.S. Territories Act of 2021'' before the period at the end. ( ``(vi) Contracting and procurement oversight lead requirement.-- ``(I) In general.--Not later than 6 months after the date of the enactment of this clause, the agency responsible for the administration of Puerto Rico's Medicaid program under title XIX shall designate an officer (other than the director of such agency) to serve as the Contracting and Procurement Oversight Lead to carry out the duties specified in subclause (II). ``(III) Publication.--The officer designated pursuant to subclause (I) shall make public each certification containing extenuating circumstances described in subclause (II)(bb) not later than 30 days after such certification is made, including a description of, and justification of, such extenuating circumstances. ``(IV) Review of compliance.--Not later than 2 years after the date of the enactment of this clause, the Inspector General of the Department of Health and Human Services shall submit to Congress a report on the compliance of Puerto Rico with the provisions of this clause.''.

To amend titles XI and XIX of the Social Security Act to provide increased financial support to the territories under the Medicaid program, and for other purposes. 2) Ensuring program integrity.--Section 1108(g) of the Social Security Act (42 U.S.C. 1308(g)) is amended-- (A) in paragraph (7)(B)(i), in the matter preceding subclause (I), by striking ``2021'' and inserting ``2026''; and (B) in paragraph (8)(B), by striking ``2021'' and inserting ``2026''. ( (2) Other territories.-- (A) Ensuring increased cap amounts in response to covid-19.--Section 1108(g)(2) of the Social Security Act (42 U.S.C. 1308(g)(2)) is amended in each of subparagraphs (B)(iii), (C)(iii), (D)(iii), and (E)(iii), by striking ``fiscal year 2021'' and inserting ``each of fiscal years 2021 and 2022''. ( 3) Modification of special rule for calculation of cap amounts for certain years.--Section 1108(g)(2) of the Social Security Act (42 U.S.C. 1308(g)(2)) is amended, in the matter following subparagraph (E)-- (A) by striking ``fiscal year 2021'' and inserting ``fiscal year 2029 (or, in the case of Puerto Rico, fiscal year 2026)''; (B) by striking ``through 2021'' and inserting ``through 2029 (or, in the case of Puerto Rico, 2026)''; and (C) by striking ``each such subparagraph'' and inserting ``subparagraph (A) and any of clauses (ii) through (iv) of subparagraphs (B) through (E)''. ( c) Application of Asset Verification Program Requirements to Puerto Rico.--Section 1940 of the Social Security Act (42 U.S.C. 1396w) is amended-- (1) in subsection (a)-- (A) in paragraph (3)(A), by adding at the end the following new clause: ``(iii) Implementation in puerto rico.--The Secretary shall require Puerto Rico to implement an asset verification program under this subsection by the end of fiscal year 2024. ''; ''; and (B) in paragraph (2)(A), by striking ``or the District of Columbia'' and inserting ``the District of Columbia, or Puerto Rico''. ( d) Extension of Reporting Requirement.--Section 1108(g)(9) of the Social Security Act (42 U.S.C. 1308(g)(9)) is amended-- (1) in subparagraph (A), by striking ``2021'' and inserting ``2029''; and (2) in subparagraph (B)(i), by inserting ``or by reason of the amendments made by section 2 of the Supporting Medicaid in the U.S. Territories Act of 2021'' before the period at the end. ( ``(III) Publication.--The officer designated pursuant to subclause (I) shall make public each certification containing extenuating circumstances described in subclause (II)(bb) not later than 30 days after such certification is made, including a description of, and justification of, such extenuating circumstances. ``(IV) Review of compliance.--Not later than 2 years after the date of the enactment of this clause, the Inspector General of the Department of Health and Human Services shall submit to Congress a report on the compliance of Puerto Rico with the provisions of this clause.''.

To amend titles XI and XIX of the Social Security Act to provide increased financial support to the territories under the Medicaid program, and for other purposes. 2) Ensuring program integrity.--Section 1108(g) of the Social Security Act (42 U.S.C. 1308(g)) is amended-- (A) in paragraph (7)(B)(i), in the matter preceding subclause (I), by striking ``2021'' and inserting ``2026''; and (B) in paragraph (8)(B), by striking ``2021'' and inserting ``2026''. ( (2) Other territories.-- (A) Ensuring increased cap amounts in response to covid-19.--Section 1108(g)(2) of the Social Security Act (42 U.S.C. 1308(g)(2)) is amended in each of subparagraphs (B)(iii), (C)(iii), (D)(iii), and (E)(iii), by striking ``fiscal year 2021'' and inserting ``each of fiscal years 2021 and 2022''. ( 3) Modification of special rule for calculation of cap amounts for certain years.--Section 1108(g)(2) of the Social Security Act (42 U.S.C. 1308(g)(2)) is amended, in the matter following subparagraph (E)-- (A) by striking ``fiscal year 2021'' and inserting ``fiscal year 2029 (or, in the case of Puerto Rico, fiscal year 2026)''; (B) by striking ``through 2021'' and inserting ``through 2029 (or, in the case of Puerto Rico, 2026)''; and (C) by striking ``each such subparagraph'' and inserting ``subparagraph (A) and any of clauses (ii) through (iv) of subparagraphs (B) through (E)''. ( c) Application of Asset Verification Program Requirements to Puerto Rico.--Section 1940 of the Social Security Act (42 U.S.C. 1396w) is amended-- (1) in subsection (a)-- (A) in paragraph (3)(A), by adding at the end the following new clause: ``(iii) Implementation in puerto rico.--The Secretary shall require Puerto Rico to implement an asset verification program under this subsection by the end of fiscal year 2024. ''; ''; and (B) in paragraph (2)(A), by striking ``or the District of Columbia'' and inserting ``the District of Columbia, or Puerto Rico''. ( d) Extension of Reporting Requirement.--Section 1108(g)(9) of the Social Security Act (42 U.S.C. 1308(g)(9)) is amended-- (1) in subparagraph (A), by striking ``2021'' and inserting ``2029''; and (2) in subparagraph (B)(i), by inserting ``or by reason of the amendments made by section 2 of the Supporting Medicaid in the U.S. Territories Act of 2021'' before the period at the end. ( ``(III) Publication.--The officer designated pursuant to subclause (I) shall make public each certification containing extenuating circumstances described in subclause (II)(bb) not later than 30 days after such certification is made, including a description of, and justification of, such extenuating circumstances. ``(IV) Review of compliance.--Not later than 2 years after the date of the enactment of this clause, the Inspector General of the Department of Health and Human Services shall submit to Congress a report on the compliance of Puerto Rico with the provisions of this clause.''.

To amend titles XI and XIX of the Social Security Act to provide increased financial support to the territories under the Medicaid program, and for other purposes. 2) Ensuring program integrity.--Section 1108(g) of the Social Security Act (42 U.S.C. 1308(g)) is amended-- (A) in paragraph (7)(B)(i), in the matter preceding subclause (I), by striking ``2021'' and inserting ``2026''; and (B) in paragraph (8)(B), by striking ``2021'' and inserting ``2026''. ( B) Extension of cap amount for other years.-- Section 1108(g)(6)(A) of the Social Security Act (42 U.S.C. 1308(g)), as amended by subparagraph (A), is further amended by adding at the end the following new clause: ``(iii) for each of fiscal years 2023 through 2026, $2,719,072,000.''. ( 2) Other territories.-- (A) Ensuring increased cap amounts in response to covid-19.--Section 1108(g)(2) of the Social Security Act (42 U.S.C. 1308(g)(2)) is amended in each of subparagraphs (B)(iii), (C)(iii), (D)(iii), and (E)(iii), by striking ``fiscal year 2021'' and inserting ``each of fiscal years 2021 and 2022''. ( (3) Modification of special rule for calculation of cap amounts for certain years.--Section 1108(g)(2) of the Social Security Act (42 U.S.C. 1308(g)(2)) is amended, in the matter following subparagraph (E)-- (A) by striking ``fiscal year 2021'' and inserting ``fiscal year 2029 (or, in the case of Puerto Rico, fiscal year 2026)''; (B) by striking ``through 2021'' and inserting ``through 2029 (or, in the case of Puerto Rico, 2026)''; and (C) by striking ``each such subparagraph'' and inserting ``subparagraph (A) and any of clauses (ii) through (iv) of subparagraphs (B) through (E)''. ( c) Application of Asset Verification Program Requirements to Puerto Rico.--Section 1940 of the Social Security Act (42 U.S.C. 1396w) is amended-- (1) in subsection (a)-- (A) in paragraph (3)(A), by adding at the end the following new clause: ``(iii) Implementation in puerto rico.--The Secretary shall require Puerto Rico to implement an asset verification program under this subsection by the end of fiscal year 2024. and (B) in paragraph (2)(A), by striking ``or the District of Columbia'' and inserting ``the District of Columbia, or Puerto Rico''. (d) Extension of Reporting Requirement.--Section 1108(g)(9) of the Social Security Act (42 U.S.C. 1308(g)(9)) is amended-- (1) in subparagraph (A), by striking ``2021'' and inserting ``2029''; and (2) in subparagraph (B)(i), by inserting ``or by reason of the amendments made by section 2 of the Supporting Medicaid in the U.S. Territories Act of 2021'' before the period at the end. ( ``(vi) Contracting and procurement oversight lead requirement.-- ``(I) In general.--Not later than 6 months after the date of the enactment of this clause, the agency responsible for the administration of Puerto Rico's Medicaid program under title XIX shall designate an officer (other than the director of such agency) to serve as the Contracting and Procurement Oversight Lead to carry out the duties specified in subclause (II). ``(III) Publication.--The officer designated pursuant to subclause (I) shall make public each certification containing extenuating circumstances described in subclause (II)(bb) not later than 30 days after such certification is made, including a description of, and justification of, such extenuating circumstances. ``(IV) Review of compliance.--Not later than 2 years after the date of the enactment of this clause, the Inspector General of the Department of Health and Human Services shall submit to Congress a report on the compliance of Puerto Rico with the provisions of this clause.''.

To amend titles XI and XIX of the Social Security Act to provide increased financial support to the territories under the Medicaid program, and for other purposes. 2) Ensuring program integrity.--Section 1108(g) of the Social Security Act (42 U.S.C. 1308(g)) is amended-- (A) in paragraph (7)(B)(i), in the matter preceding subclause (I), by striking ``2021'' and inserting ``2026''; and (B) in paragraph (8)(B), by striking ``2021'' and inserting ``2026''. ( (2) Other territories.-- (A) Ensuring increased cap amounts in response to covid-19.--Section 1108(g)(2) of the Social Security Act (42 U.S.C. 1308(g)(2)) is amended in each of subparagraphs (B)(iii), (C)(iii), (D)(iii), and (E)(iii), by striking ``fiscal year 2021'' and inserting ``each of fiscal years 2021 and 2022''. ( 3) Modification of special rule for calculation of cap amounts for certain years.--Section 1108(g)(2) of the Social Security Act (42 U.S.C. 1308(g)(2)) is amended, in the matter following subparagraph (E)-- (A) by striking ``fiscal year 2021'' and inserting ``fiscal year 2029 (or, in the case of Puerto Rico, fiscal year 2026)''; (B) by striking ``through 2021'' and inserting ``through 2029 (or, in the case of Puerto Rico, 2026)''; and (C) by striking ``each such subparagraph'' and inserting ``subparagraph (A) and any of clauses (ii) through (iv) of subparagraphs (B) through (E)''. ( c) Application of Asset Verification Program Requirements to Puerto Rico.--Section 1940 of the Social Security Act (42 U.S.C. 1396w) is amended-- (1) in subsection (a)-- (A) in paragraph (3)(A), by adding at the end the following new clause: ``(iii) Implementation in puerto rico.--The Secretary shall require Puerto Rico to implement an asset verification program under this subsection by the end of fiscal year 2024. ''; ''; and (B) in paragraph (2)(A), by striking ``or the District of Columbia'' and inserting ``the District of Columbia, or Puerto Rico''. ( d) Extension of Reporting Requirement.--Section 1108(g)(9) of the Social Security Act (42 U.S.C. 1308(g)(9)) is amended-- (1) in subparagraph (A), by striking ``2021'' and inserting ``2029''; and (2) in subparagraph (B)(i), by inserting ``or by reason of the amendments made by section 2 of the Supporting Medicaid in the U.S. Territories Act of 2021'' before the period at the end. ( ``(III) Publication.--The officer designated pursuant to subclause (I) shall make public each certification containing extenuating circumstances described in subclause (II)(bb) not later than 30 days after such certification is made, including a description of, and justification of, such extenuating circumstances. ``(IV) Review of compliance.--Not later than 2 years after the date of the enactment of this clause, the Inspector General of the Department of Health and Human Services shall submit to Congress a report on the compliance of Puerto Rico with the provisions of this clause.''.

To amend titles XI and XIX of the Social Security Act to provide increased financial support to the territories under the Medicaid program, and for other purposes. 2) Ensuring program integrity.--Section 1108(g) of the Social Security Act (42 U.S.C. 1308(g)) is amended-- (A) in paragraph (7)(B)(i), in the matter preceding subclause (I), by striking ``2021'' and inserting ``2026''; and (B) in paragraph (8)(B), by striking ``2021'' and inserting ``2026''. ( B) Extension of cap amount for other years.-- Section 1108(g)(6)(A) of the Social Security Act (42 U.S.C. 1308(g)), as amended by subparagraph (A), is further amended by adding at the end the following new clause: ``(iii) for each of fiscal years 2023 through 2026, $2,719,072,000.''. ( 2) Other territories.-- (A) Ensuring increased cap amounts in response to covid-19.--Section 1108(g)(2) of the Social Security Act (42 U.S.C. 1308(g)(2)) is amended in each of subparagraphs (B)(iii), (C)(iii), (D)(iii), and (E)(iii), by striking ``fiscal year 2021'' and inserting ``each of fiscal years 2021 and 2022''. ( (3) Modification of special rule for calculation of cap amounts for certain years.--Section 1108(g)(2) of the Social Security Act (42 U.S.C. 1308(g)(2)) is amended, in the matter following subparagraph (E)-- (A) by striking ``fiscal year 2021'' and inserting ``fiscal year 2029 (or, in the case of Puerto Rico, fiscal year 2026)''; (B) by striking ``through 2021'' and inserting ``through 2029 (or, in the case of Puerto Rico, 2026)''; and (C) by striking ``each such subparagraph'' and inserting ``subparagraph (A) and any of clauses (ii) through (iv) of subparagraphs (B) through (E)''. ( c) Application of Asset Verification Program Requirements to Puerto Rico.--Section 1940 of the Social Security Act (42 U.S.C. 1396w) is amended-- (1) in subsection (a)-- (A) in paragraph (3)(A), by adding at the end the following new clause: ``(iii) Implementation in puerto rico.--The Secretary shall require Puerto Rico to implement an asset verification program under this subsection by the end of fiscal year 2024. and (B) in paragraph (2)(A), by striking ``or the District of Columbia'' and inserting ``the District of Columbia, or Puerto Rico''. (d) Extension of Reporting Requirement.--Section 1108(g)(9) of the Social Security Act (42 U.S.C. 1308(g)(9)) is amended-- (1) in subparagraph (A), by striking ``2021'' and inserting ``2029''; and (2) in subparagraph (B)(i), by inserting ``or by reason of the amendments made by section 2 of the Supporting Medicaid in the U.S. Territories Act of 2021'' before the period at the end. ( ``(vi) Contracting and procurement oversight lead requirement.-- ``(I) In general.--Not later than 6 months after the date of the enactment of this clause, the agency responsible for the administration of Puerto Rico's Medicaid program under title XIX shall designate an officer (other than the director of such agency) to serve as the Contracting and Procurement Oversight Lead to carry out the duties specified in subclause (II). ``(III) Publication.--The officer designated pursuant to subclause (I) shall make public each certification containing extenuating circumstances described in subclause (II)(bb) not later than 30 days after such certification is made, including a description of, and justification of, such extenuating circumstances. ``(IV) Review of compliance.--Not later than 2 years after the date of the enactment of this clause, the Inspector General of the Department of Health and Human Services shall submit to Congress a report on the compliance of Puerto Rico with the provisions of this clause.''.

To amend titles XI and XIX of the Social Security Act to provide increased financial support to the territories under the Medicaid program, and for other purposes. 2) Ensuring program integrity.--Section 1108(g) of the Social Security Act (42 U.S.C. 1308(g)) is amended-- (A) in paragraph (7)(B)(i), in the matter preceding subclause (I), by striking ``2021'' and inserting ``2026''; and (B) in paragraph (8)(B), by striking ``2021'' and inserting ``2026''. ( (2) Other territories.-- (A) Ensuring increased cap amounts in response to covid-19.--Section 1108(g)(2) of the Social Security Act (42 U.S.C. 1308(g)(2)) is amended in each of subparagraphs (B)(iii), (C)(iii), (D)(iii), and (E)(iii), by striking ``fiscal year 2021'' and inserting ``each of fiscal years 2021 and 2022''. ( 3) Modification of special rule for calculation of cap amounts for certain years.--Section 1108(g)(2) of the Social Security Act (42 U.S.C. 1308(g)(2)) is amended, in the matter following subparagraph (E)-- (A) by striking ``fiscal year 2021'' and inserting ``fiscal year 2029 (or, in the case of Puerto Rico, fiscal year 2026)''; (B) by striking ``through 2021'' and inserting ``through 2029 (or, in the case of Puerto Rico, 2026)''; and (C) by striking ``each such subparagraph'' and inserting ``subparagraph (A) and any of clauses (ii) through (iv) of subparagraphs (B) through (E)''. ( c) Application of Asset Verification Program Requirements to Puerto Rico.--Section 1940 of the Social Security Act (42 U.S.C. 1396w) is amended-- (1) in subsection (a)-- (A) in paragraph (3)(A), by adding at the end the following new clause: ``(iii) Implementation in puerto rico.--The Secretary shall require Puerto Rico to implement an asset verification program under this subsection by the end of fiscal year 2024. ''; ''; and (B) in paragraph (2)(A), by striking ``or the District of Columbia'' and inserting ``the District of Columbia, or Puerto Rico''. ( d) Extension of Reporting Requirement.--Section 1108(g)(9) of the Social Security Act (42 U.S.C. 1308(g)(9)) is amended-- (1) in subparagraph (A), by striking ``2021'' and inserting ``2029''; and (2) in subparagraph (B)(i), by inserting ``or by reason of the amendments made by section 2 of the Supporting Medicaid in the U.S. Territories Act of 2021'' before the period at the end. ( ``(III) Publication.--The officer designated pursuant to subclause (I) shall make public each certification containing extenuating circumstances described in subclause (II)(bb) not later than 30 days after such certification is made, including a description of, and justification of, such extenuating circumstances. ``(IV) Review of compliance.--Not later than 2 years after the date of the enactment of this clause, the Inspector General of the Department of Health and Human Services shall submit to Congress a report on the compliance of Puerto Rico with the provisions of this clause.''.

To amend titles XI and XIX of the Social Security Act to provide increased financial support to the territories under the Medicaid program, and for other purposes. 2) Other territories.-- (A) Ensuring increased cap amounts in response to covid-19.--Section 1108(g)(2) of the Social Security Act (42 U.S.C. 1308(g)(2)) is amended in each of subparagraphs (B)(iii), (C)(iii), (D)(iii), and (E)(iii), by striking ``fiscal year 2021'' and inserting ``each of fiscal years 2021 and 2022''. ( 1308(g)(2)) is amended, in the matter following subparagraph (E)-- (A) by striking ``fiscal year 2021'' and inserting ``fiscal year 2029 (or, in the case of Puerto Rico, fiscal year 2026)''; (B) by striking ``through 2021'' and inserting ``through 2029 (or, in the case of Puerto Rico, 2026)''; and (C) by striking ``each such subparagraph'' and inserting ``subparagraph (A) and any of clauses (ii) through (iv) of subparagraphs (B) through (E)''. ( d) Extension of Reporting Requirement.--Section 1108(g)(9) of the Social Security Act (42 U.S.C. 1308(g)(9)) is amended-- (1) in subparagraph (A), by striking ``2021'' and inserting ``2029''; and (2) in subparagraph (B)(i), by inserting ``or by reason of the amendments made by section 2 of the Supporting Medicaid in the U.S. Territories Act of 2021'' before the period at the end. ( ``(vi) Contracting and procurement oversight lead requirement.-- ``(I) In general.--Not later than 6 months after the date of the enactment of this clause, the agency responsible for the administration of Puerto Rico's Medicaid program under title XIX shall designate an officer (other than the director of such agency) to serve as the Contracting and Procurement Oversight Lead to carry out the duties specified in subclause (II). ``(III) Publication.--The officer designated pursuant to subclause (I) shall make public each certification containing extenuating circumstances described in subclause (II)(bb) not later than 30 days after such certification is made, including a description of, and justification of, such extenuating circumstances.

To amend titles XI and XIX of the Social Security Act to provide increased financial support to the territories under the Medicaid program, and for other purposes. 2) Ensuring program integrity.--Section 1108(g) of the Social Security Act (42 U.S.C. 1308(g)) is amended-- (A) in paragraph (7)(B)(i), in the matter preceding subclause (I), by striking ``2021'' and inserting ``2026''; and (B) in paragraph (8)(B), by striking ``2021'' and inserting ``2026''. ( ( 1308(g)(9)) is amended-- (1) in subparagraph (A), by striking ``2021'' and inserting ``2029''; and (2) in subparagraph (B)(i), by inserting ``or by reason of the amendments made by section 2 of the Supporting Medicaid in the U.S. Territories Act of 2021'' before the period at the end. ( ``(III) Publication.--The officer designated pursuant to subclause (I) shall make public each certification containing extenuating circumstances described in subclause (II)(bb) not later than 30 days after such certification is made, including a description of, and justification of, such extenuating circumstances.

To amend titles XI and XIX of the Social Security Act to provide increased financial support to the territories under the Medicaid program, and for other purposes. 2) Other territories.-- (A) Ensuring increased cap amounts in response to covid-19.--Section 1108(g)(2) of the Social Security Act (42 U.S.C. 1308(g)(2)) is amended in each of subparagraphs (B)(iii), (C)(iii), (D)(iii), and (E)(iii), by striking ``fiscal year 2021'' and inserting ``each of fiscal years 2021 and 2022''. ( 1308(g)(2)) is amended, in the matter following subparagraph (E)-- (A) by striking ``fiscal year 2021'' and inserting ``fiscal year 2029 (or, in the case of Puerto Rico, fiscal year 2026)''; (B) by striking ``through 2021'' and inserting ``through 2029 (or, in the case of Puerto Rico, 2026)''; and (C) by striking ``each such subparagraph'' and inserting ``subparagraph (A) and any of clauses (ii) through (iv) of subparagraphs (B) through (E)''. ( d) Extension of Reporting Requirement.--Section 1108(g)(9) of the Social Security Act (42 U.S.C. 1308(g)(9)) is amended-- (1) in subparagraph (A), by striking ``2021'' and inserting ``2029''; and (2) in subparagraph (B)(i), by inserting ``or by reason of the amendments made by section 2 of the Supporting Medicaid in the U.S. Territories Act of 2021'' before the period at the end. ( ``(vi) Contracting and procurement oversight lead requirement.-- ``(I) In general.--Not later than 6 months after the date of the enactment of this clause, the agency responsible for the administration of Puerto Rico's Medicaid program under title XIX shall designate an officer (other than the director of such agency) to serve as the Contracting and Procurement Oversight Lead to carry out the duties specified in subclause (II). ``(III) Publication.--The officer designated pursuant to subclause (I) shall make public each certification containing extenuating circumstances described in subclause (II)(bb) not later than 30 days after such certification is made, including a description of, and justification of, such extenuating circumstances.

Supporting Medicaid in the U.S. Territories Act of 2021 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to extend through FY2029: (1) the increased federal medical assistance percentage and the increased cap amount for the Medicaid program for the territories; and (2) program integrity. (Sec. 2) Amends SSA Amends title XIX (Medicaid) of the Social Security Act to: (1) exempt certain territories from the reporting requirements for state Medicaid programs; and (2) reduce the percentage of states that are non-compliant for calendar quarters in FY 2025 and 2026 by 0.5 percentage points. (Sec. 3) Directs the agency responsible for the administration of Puerto

H.R.7064

Energy

Hydrogen for Trucks Act of 2022 This bill requires the Department of Transportation to provide grants for the funding of capital projects to purchase heavy-duty fuel cell vehicles and related equipment.

To require the Secretary of Transportation, in consultation with the Secretary of Energy, to establish a grant program to demonstrate the performance and reliability of heavy-duty fuel cell vehicles that use hydrogen as a fuel source, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Hydrogen for Trucks Act of 2022''. SEC. 2. HEAVY-DUTY FUEL CELL VEHICLE DEMONSTRATION PROGRAM. (a) Definitions.--In this section: (1) Eligible entity.--The term ``eligible entity'' means an entity described in subsection (b)(2). (2) Heavy-duty fuel cell vehicle.--The term ``heavy-duty fuel cell vehicle'' means a vehicle that-- (A) has a manufacturer gross vehicle weight rating of more than 26,000 pounds, as determined by the Federal Highway Administration; (B) is not powered or charged by an internal combustion engine; and (C) is propelled solely by an electric motor that draws electricity from-- (i) a fuel cell; or (ii) a combination of a fuel cell and a battery. (3) Program.--The term ``program'' means the program established under subsection (b)(1). (4) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (b) Establishment.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Energy, shall establish a grant program under which the Secretary shall provide grants to eligible entities to assist the eligible entities in funding capital projects to purchase heavy-duty fuel cell vehicles and related equipment, including hydrogen fueling stations. (2) Eligible entities.--To be eligible to receive a grant under the program, an entity shall be-- (A) a private heavy-duty truck fleet owner with high duty cycle operations; (B) an operator with a ``return to base'' mode that requires refueling primarily at a single station, including an airport, a delivery warehouse, and a shipping port; (C) an independent owner-operator; (D) a public hydrogen fueling station developer or operator; (E) a Federal, State, or local agency that owns, operates, leases, or otherwise controls a fleet of public vehicles; or (F) a partnership of 1 or more entities described in subparagraphs (A) through (E). (3) Applications.-- (A) In general.--Subject to subparagraph (B), an eligible entity desiring a grant under the program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary, in consultation with the Secretary of Energy, may require. (B) Requirement.--If an eligible entity desiring a grant under the program intends to use the grant for only 1 of the uses described in subparagraphs (A) and (B) of subsection (d)(1), the eligible entity shall include in the application under subparagraph (A) a description of-- (i) if the grant is to be used only for the use described in subparagraph (A) of subsection (d)(1), the availability of not fewer than 1 hydrogen fueling station that can be used by heavy-duty fuel cell vehicles; (ii) if the grant is to be used only for the use described in subparagraph (B) of subsection (d)(1), the availability of not fewer than 10 heavy-duty fuel cell vehicles that-- (I) use hydrogen as a fuel source; and (II) will use 1 or more hydrogen fueling stations demonstrated using the grant; and (iii) the means by which the project of the eligible entity will expand the demand for and use of any existing infrastructure. (4) Considerations.--In selecting eligible entities to receive a grant under the program, the Secretary, in consultation with the Secretary of Energy, shall-- (A) take into account whether the eligible entity has the potential to expand the use of hydrogen demonstrated by the eligible entity using the grant to other applications within the region in which the eligible entity operates; and (B) to the maximum extent practicable-- (i) select eligible entities operating in different regions of the United States-- (I) to demonstrate different types of fleet operations, such as fleet operations with differing local hydrogen supplies, climate conditions, route lengths and geographies, and sizes of vehicles; and (II) to identify any differences in performance demonstrated by the heavy- duty fuel cell vehicles used by the eligible entity that are due to regional characteristics; (ii) select eligible entities that intend to use the grant for both of the uses described in subparagraphs (A) and (B) of subsection (d)(1); and (iii) select projects that will generate the greatest benefit to low-income or disadvantaged communities (including cities, towns, counties, and reasonably isolated and divisible segments of a larger municipality) with an annual median household income that is less than 100 percent of the statewide annual median household income for the State in which the community is located, according to the most recent decennial census. (5) Priority.--In selecting eligible entities to receive a grant under the program, the Secretary, in consultation with the Secretary of Energy, shall give priority to projects that will provide greater net impact in avoiding or reducing emissions of greenhouse gases. (6) Special consideration.--In selecting eligible entities to receive a grant under the program, the Secretary, in consultation with the Secretary of Energy, shall give special consideration to-- (A) if the grant is to be used for the use described in subsection (d)(1)(B), projects in which each applicable hydrogen fueling station is open to the public; or (B) eligible entities that provide greater than 20 percent cost share. (c) Goals.--The goals of the program shall be-- (1) to demonstrate the performance and reliability of heavy-duty fuel cell vehicles in different regions of the United States; (2) to provide a basis for relevant cost evaluations and cost reductions; and (3) to accelerate the market deployment of heavy-duty fuel cell vehicles. (d) Use of Grant Funds.-- (1) In general.--An eligible entity that receives a grant under the program shall use the grant to demonstrate the performance of-- (A) not fewer than 10 heavy-duty fuel cell vehicles that use hydrogen as fuel source; or (B) not fewer than 1 hydrogen fueling station for use by heavy-duty fuel cell vehicles. (2) Eligible costs.--An eligible entity that receives a grant under the program may use the grant for the following costs: (A) The capital costs of-- (i) the heavy-duty fuel cell vehicles described in paragraph (1)(A), subject to paragraph (4); or (ii) a station described in paragraph (1)(B). (B) The costs of operating-- (i) the heavy-duty fuel cell vehicles described in paragraph (1)(A); or (ii) a station described in paragraph (1)(B). (C) Fuel costs. (D) Overhead costs. (E) The costs of training personnel to ensure safety and best practices during construction, fueling and refueling, maintenance, and upkeep, as applicable, of-- (i) the heavy-duty fuel cell vehicles described in paragraph (1)(A); or (ii) a station described in paragraph (1)(B). (F) The costs of complying with-- (i) the requirements of subsection (g); and (ii) any reporting requirements under subsection (h). (3) Operation.-- (A) In general.--Except as provided in subparagraph (B), an eligible entity that receives a grant under the program for a use described in subparagraph (A) or (B) of paragraph (1) may determine whether each applicable hydrogen fueling station shall-- (i) allow only private access; or (ii) be open to the public. (B) Public hydrogen fueling station developers and operators.--An eligible entity described in subsection (b)(2)(D) that receives a grant under the program to be used only for the use described in paragraph (1)(B) shall make each applicable hydrogen fueling station described in that paragraph open to the public. (4) Capital costs of vehicles.--With respect to the capital costs described in paragraph (2)(A)(i), the amount of grant funds used for those capital costs shall not exceed, with respect to each heavy-duty fuel cell vehicle purchased by the eligible entity and used for the applicable project, the lesser of-- (A) the amount by which the cost of the heavy-duty fuel cell vehicle exceeds 50 percent of the cost of a comparable gasoline or diesel fueled vehicle; and (B) $500,000. (e) Amount of a Grant.--The amount of a grant provided by the Secretary under the program shall be not more than $20,000,000. (f) Cost Sharing.--The non-Federal share of the cost of a project carried out using a grant under the program shall be not less than 20 percent. (g) Leak Detection.--Each eligible entity that receives a grant under the program shall conduct-- (1) a hydrogen leakage monitoring, reporting, and verification (also known as ``MRV'') program; and (2) a hydrogen leak detection and repair (also known as ``LDAR'') program. (h) Reporting.-- (1) In general.--An eligible entity that receives a grant under the program shall submit to the Secretary such operational data relating to eligible costs described in subsection (d)(2) as the Secretary, in consultation with the Secretary of Energy, may require to accelerate market deployment of heavy-duty fuel cell vehicles that use hydrogen as a fuel source. (2) Requirement.--The operational data required by the Secretary under paragraph (1) shall include, at a minimum, data relating to-- (A) operational expenses; (B) fuel use; and (C) reliability. (3) System.--The Secretary, in consultation with the Secretary of Energy, shall develop a system for data reporting and data sharing that allows similar fleet and fueling station operators to evaluate the performance of the program. (i) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out the program $200,000,000 for the period of fiscal years 2023 through 2027. <all>

Hydrogen for Trucks Act of 2022

To require the Secretary of Transportation, in consultation with the Secretary of Energy, to establish a grant program to demonstrate the performance and reliability of heavy-duty fuel cell vehicles that use hydrogen as a fuel source, and for other purposes.

Hydrogen for Trucks Act of 2022

Rep. Porter, Katie

D

CA

This bill requires the Department of Transportation to provide grants for the funding of capital projects to purchase heavy-duty fuel cell vehicles and related equipment.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. This Act may be cited as the ``Hydrogen for Trucks Act of 2022''. HEAVY-DUTY FUEL CELL VEHICLE DEMONSTRATION PROGRAM. (a) Definitions.--In this section: (1) Eligible entity.--The term ``eligible entity'' means an entity described in subsection (b)(2). (4) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (3) Applications.-- (A) In general.--Subject to subparagraph (B), an eligible entity desiring a grant under the program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary, in consultation with the Secretary of Energy, may require. (5) Priority.--In selecting eligible entities to receive a grant under the program, the Secretary, in consultation with the Secretary of Energy, shall give priority to projects that will provide greater net impact in avoiding or reducing emissions of greenhouse gases. (C) Fuel costs. (D) Overhead costs. (F) The costs of complying with-- (i) the requirements of subsection (g); and (ii) any reporting requirements under subsection (h). (B) Public hydrogen fueling station developers and operators.--An eligible entity described in subsection (b)(2)(D) that receives a grant under the program to be used only for the use described in paragraph (1)(B) shall make each applicable hydrogen fueling station described in that paragraph open to the public. (e) Amount of a Grant.--The amount of a grant provided by the Secretary under the program shall be not more than $20,000,000. (f) Cost Sharing.--The non-Federal share of the cost of a project carried out using a grant under the program shall be not less than 20 percent. (3) System.--The Secretary, in consultation with the Secretary of Energy, shall develop a system for data reporting and data sharing that allows similar fleet and fueling station operators to evaluate the performance of the program.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. This Act may be cited as the ``Hydrogen for Trucks Act of 2022''. HEAVY-DUTY FUEL CELL VEHICLE DEMONSTRATION PROGRAM. (a) Definitions.--In this section: (1) Eligible entity.--The term ``eligible entity'' means an entity described in subsection (b)(2). (4) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (3) Applications.-- (A) In general.--Subject to subparagraph (B), an eligible entity desiring a grant under the program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary, in consultation with the Secretary of Energy, may require. (5) Priority.--In selecting eligible entities to receive a grant under the program, the Secretary, in consultation with the Secretary of Energy, shall give priority to projects that will provide greater net impact in avoiding or reducing emissions of greenhouse gases. (C) Fuel costs. (D) Overhead costs. (F) The costs of complying with-- (i) the requirements of subsection (g); and (ii) any reporting requirements under subsection (h). (B) Public hydrogen fueling station developers and operators.--An eligible entity described in subsection (b)(2)(D) that receives a grant under the program to be used only for the use described in paragraph (1)(B) shall make each applicable hydrogen fueling station described in that paragraph open to the public. (e) Amount of a Grant.--The amount of a grant provided by the Secretary under the program shall be not more than $20,000,000. (f) Cost Sharing.--The non-Federal share of the cost of a project carried out using a grant under the program shall be not less than 20 percent. (3) System.--The Secretary, in consultation with the Secretary of Energy, shall develop a system for data reporting and data sharing that allows similar fleet and fueling station operators to evaluate the performance of the 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 ``Hydrogen for Trucks Act of 2022''. SEC. HEAVY-DUTY FUEL CELL VEHICLE DEMONSTRATION PROGRAM. (a) Definitions.--In this section: (1) Eligible entity.--The term ``eligible entity'' means an entity described in subsection (b)(2). (4) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (3) Applications.-- (A) In general.--Subject to subparagraph (B), an eligible entity desiring a grant under the program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary, in consultation with the Secretary of Energy, may require. (4) Considerations.--In selecting eligible entities to receive a grant under the program, the Secretary, in consultation with the Secretary of Energy, shall-- (A) take into account whether the eligible entity has the potential to expand the use of hydrogen demonstrated by the eligible entity using the grant to other applications within the region in which the eligible entity operates; and (B) to the maximum extent practicable-- (i) select eligible entities operating in different regions of the United States-- (I) to demonstrate different types of fleet operations, such as fleet operations with differing local hydrogen supplies, climate conditions, route lengths and geographies, and sizes of vehicles; and (II) to identify any differences in performance demonstrated by the heavy- duty fuel cell vehicles used by the eligible entity that are due to regional characteristics; (ii) select eligible entities that intend to use the grant for both of the uses described in subparagraphs (A) and (B) of subsection (d)(1); and (iii) select projects that will generate the greatest benefit to low-income or disadvantaged communities (including cities, towns, counties, and reasonably isolated and divisible segments of a larger municipality) with an annual median household income that is less than 100 percent of the statewide annual median household income for the State in which the community is located, according to the most recent decennial census. (5) Priority.--In selecting eligible entities to receive a grant under the program, the Secretary, in consultation with the Secretary of Energy, shall give priority to projects that will provide greater net impact in avoiding or reducing emissions of greenhouse gases. (C) Fuel costs. (D) Overhead costs. (F) The costs of complying with-- (i) the requirements of subsection (g); and (ii) any reporting requirements under subsection (h). (B) Public hydrogen fueling station developers and operators.--An eligible entity described in subsection (b)(2)(D) that receives a grant under the program to be used only for the use described in paragraph (1)(B) shall make each applicable hydrogen fueling station described in that paragraph open to the public. (4) Capital costs of vehicles.--With respect to the capital costs described in paragraph (2)(A)(i), the amount of grant funds used for those capital costs shall not exceed, with respect to each heavy-duty fuel cell vehicle purchased by the eligible entity and used for the applicable project, the lesser of-- (A) the amount by which the cost of the heavy-duty fuel cell vehicle exceeds 50 percent of the cost of a comparable gasoline or diesel fueled vehicle; and (B) $500,000. (e) Amount of a Grant.--The amount of a grant provided by the Secretary under the program shall be not more than $20,000,000. (f) Cost Sharing.--The non-Federal share of the cost of a project carried out using a grant under the program shall be not less than 20 percent. (g) Leak Detection.--Each eligible entity that receives a grant under the program shall conduct-- (1) a hydrogen leakage monitoring, reporting, and verification (also known as ``MRV'') program; and (2) a hydrogen leak detection and repair (also known as ``LDAR'') program. (2) Requirement.--The operational data required by the Secretary under paragraph (1) shall include, at a minimum, data relating to-- (A) operational expenses; (B) fuel use; and (C) reliability. (3) System.--The Secretary, in consultation with the Secretary of Energy, shall develop a system for data reporting and data sharing that allows similar fleet and fueling station operators to evaluate the performance of the program. (i) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out the program $200,000,000 for the period of fiscal years 2023 through 2027.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Hydrogen for Trucks Act of 2022''. SEC. HEAVY-DUTY FUEL CELL VEHICLE DEMONSTRATION PROGRAM. (a) Definitions.--In this section: (1) Eligible entity.--The term ``eligible entity'' means an entity described in subsection (b)(2). (2) Heavy-duty fuel cell vehicle.--The term ``heavy-duty fuel cell vehicle'' means a vehicle that-- (A) has a manufacturer gross vehicle weight rating of more than 26,000 pounds, as determined by the Federal Highway Administration; (B) is not powered or charged by an internal combustion engine; and (C) is propelled solely by an electric motor that draws electricity from-- (i) a fuel cell; or (ii) a combination of a fuel cell and a battery. (4) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (2) Eligible entities.--To be eligible to receive a grant under the program, an entity shall be-- (A) a private heavy-duty truck fleet owner with high duty cycle operations; (B) an operator with a ``return to base'' mode that requires refueling primarily at a single station, including an airport, a delivery warehouse, and a shipping port; (C) an independent owner-operator; (D) a public hydrogen fueling station developer or operator; (E) a Federal, State, or local agency that owns, operates, leases, or otherwise controls a fleet of public vehicles; or (F) a partnership of 1 or more entities described in subparagraphs (A) through (E). (3) Applications.-- (A) In general.--Subject to subparagraph (B), an eligible entity desiring a grant under the program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary, in consultation with the Secretary of Energy, may require. (4) Considerations.--In selecting eligible entities to receive a grant under the program, the Secretary, in consultation with the Secretary of Energy, shall-- (A) take into account whether the eligible entity has the potential to expand the use of hydrogen demonstrated by the eligible entity using the grant to other applications within the region in which the eligible entity operates; and (B) to the maximum extent practicable-- (i) select eligible entities operating in different regions of the United States-- (I) to demonstrate different types of fleet operations, such as fleet operations with differing local hydrogen supplies, climate conditions, route lengths and geographies, and sizes of vehicles; and (II) to identify any differences in performance demonstrated by the heavy- duty fuel cell vehicles used by the eligible entity that are due to regional characteristics; (ii) select eligible entities that intend to use the grant for both of the uses described in subparagraphs (A) and (B) of subsection (d)(1); and (iii) select projects that will generate the greatest benefit to low-income or disadvantaged communities (including cities, towns, counties, and reasonably isolated and divisible segments of a larger municipality) with an annual median household income that is less than 100 percent of the statewide annual median household income for the State in which the community is located, according to the most recent decennial census. (5) Priority.--In selecting eligible entities to receive a grant under the program, the Secretary, in consultation with the Secretary of Energy, shall give priority to projects that will provide greater net impact in avoiding or reducing emissions of greenhouse gases. (c) Goals.--The goals of the program shall be-- (1) to demonstrate the performance and reliability of heavy-duty fuel cell vehicles in different regions of the United States; (2) to provide a basis for relevant cost evaluations and cost reductions; and (3) to accelerate the market deployment of heavy-duty fuel cell vehicles. (C) Fuel costs. (D) Overhead costs. (F) The costs of complying with-- (i) the requirements of subsection (g); and (ii) any reporting requirements under subsection (h). (B) Public hydrogen fueling station developers and operators.--An eligible entity described in subsection (b)(2)(D) that receives a grant under the program to be used only for the use described in paragraph (1)(B) shall make each applicable hydrogen fueling station described in that paragraph open to the public. (4) Capital costs of vehicles.--With respect to the capital costs described in paragraph (2)(A)(i), the amount of grant funds used for those capital costs shall not exceed, with respect to each heavy-duty fuel cell vehicle purchased by the eligible entity and used for the applicable project, the lesser of-- (A) the amount by which the cost of the heavy-duty fuel cell vehicle exceeds 50 percent of the cost of a comparable gasoline or diesel fueled vehicle; and (B) $500,000. (e) Amount of a Grant.--The amount of a grant provided by the Secretary under the program shall be not more than $20,000,000. (f) Cost Sharing.--The non-Federal share of the cost of a project carried out using a grant under the program shall be not less than 20 percent. (g) Leak Detection.--Each eligible entity that receives a grant under the program shall conduct-- (1) a hydrogen leakage monitoring, reporting, and verification (also known as ``MRV'') program; and (2) a hydrogen leak detection and repair (also known as ``LDAR'') program. (2) Requirement.--The operational data required by the Secretary under paragraph (1) shall include, at a minimum, data relating to-- (A) operational expenses; (B) fuel use; and (C) reliability. (3) System.--The Secretary, in consultation with the Secretary of Energy, shall develop a system for data reporting and data sharing that allows similar fleet and fueling station operators to evaluate the performance of the program. (i) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out the program $200,000,000 for the period of fiscal years 2023 through 2027.

To require the Secretary of Transportation, in consultation with the Secretary of Energy, to establish a grant program to demonstrate the performance and reliability of heavy-duty fuel cell vehicles that use hydrogen as a fuel source, and for other purposes. 3) Program.--The term ``program'' means the program established under subsection (b)(1). ( (b) Establishment.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Energy, shall establish a grant program under which the Secretary shall provide grants to eligible entities to assist the eligible entities in funding capital projects to purchase heavy-duty fuel cell vehicles and related equipment, including hydrogen fueling stations. ( 3) Applications.-- (A) In general.--Subject to subparagraph (B), an eligible entity desiring a grant under the program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary, in consultation with the Secretary of Energy, may require. (5) Priority.--In selecting eligible entities to receive a grant under the program, the Secretary, in consultation with the Secretary of Energy, shall give priority to projects that will provide greater net impact in avoiding or reducing emissions of greenhouse gases. ( d) Use of Grant Funds.-- (1) In general.--An eligible entity that receives a grant under the program shall use the grant to demonstrate the performance of-- (A) not fewer than 10 heavy-duty fuel cell vehicles that use hydrogen as fuel source; or (B) not fewer than 1 hydrogen fueling station for use by heavy-duty fuel cell vehicles. (2) Eligible costs.--An eligible entity that receives a grant under the program may use the grant for the following costs: (A) The capital costs of-- (i) the heavy-duty fuel cell vehicles described in paragraph (1)(A), subject to paragraph (4); or (ii) a station described in paragraph (1)(B). ( B) The costs of operating-- (i) the heavy-duty fuel cell vehicles described in paragraph (1)(A); or (ii) a station described in paragraph (1)(B). ( (B) Public hydrogen fueling station developers and operators.--An eligible entity described in subsection (b)(2)(D) that receives a grant under the program to be used only for the use described in paragraph (1)(B) shall make each applicable hydrogen fueling station described in that paragraph open to the public. ( f) Cost Sharing.--The non-Federal share of the cost of a project carried out using a grant under the program shall be not less than 20 percent. ( (h) Reporting.-- (1) In general.--An eligible entity that receives a grant under the program shall submit to the Secretary such operational data relating to eligible costs described in subsection (d)(2) as the Secretary, in consultation with the Secretary of Energy, may require to accelerate market deployment of heavy-duty fuel cell vehicles that use hydrogen as a fuel source. ( 3) System.--The Secretary, in consultation with the Secretary of Energy, shall develop a system for data reporting and data sharing that allows similar fleet and fueling station operators to evaluate the performance of the program. (

To require the Secretary of Transportation, in consultation with the Secretary of Energy, to establish a grant program to demonstrate the performance and reliability of heavy-duty fuel cell vehicles that use hydrogen as a fuel source, and for other purposes. b) Establishment.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Energy, shall establish a grant program under which the Secretary shall provide grants to eligible entities to assist the eligible entities in funding capital projects to purchase heavy-duty fuel cell vehicles and related equipment, including hydrogen fueling stations. 3) Applications.-- (A) In general.--Subject to subparagraph (B), an eligible entity desiring a grant under the program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary, in consultation with the Secretary of Energy, may require. ( 5) Priority.--In selecting eligible entities to receive a grant under the program, the Secretary, in consultation with the Secretary of Energy, shall give priority to projects that will provide greater net impact in avoiding or reducing emissions of greenhouse gases. ( 6) Special consideration.--In selecting eligible entities to receive a grant under the program, the Secretary, in consultation with the Secretary of Energy, shall give special consideration to-- (A) if the grant is to be used for the use described in subsection (d)(1)(B), projects in which each applicable hydrogen fueling station is open to the public; or (B) eligible entities that provide greater than 20 percent cost share. (c) Goals.--The goals of the program shall be-- (1) to demonstrate the performance and reliability of heavy-duty fuel cell vehicles in different regions of the United States; (2) to provide a basis for relevant cost evaluations and cost reductions; and (3) to accelerate the market deployment of heavy-duty fuel cell vehicles. ( 3) Operation.-- (A) In general.--Except as provided in subparagraph (B), an eligible entity that receives a grant under the program for a use described in subparagraph (A) or (B) of paragraph (1) may determine whether each applicable hydrogen fueling station shall-- (i) allow only private access; or (ii) be open to the public. ( (4) Capital costs of vehicles.--With respect to the capital costs described in paragraph (2)(A)(i), the amount of grant funds used for those capital costs shall not exceed, with respect to each heavy-duty fuel cell vehicle purchased by the eligible entity and used for the applicable project, the lesser of-- (A) the amount by which the cost of the heavy-duty fuel cell vehicle exceeds 50 percent of the cost of a comparable gasoline or diesel fueled vehicle; and (B) $500,000. ( f) Cost Sharing.--The non-Federal share of the cost of a project carried out using a grant under the program shall be not less than 20 percent. (

To require the Secretary of Transportation, in consultation with the Secretary of Energy, to establish a grant program to demonstrate the performance and reliability of heavy-duty fuel cell vehicles that use hydrogen as a fuel source, and for other purposes. b) Establishment.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Energy, shall establish a grant program under which the Secretary shall provide grants to eligible entities to assist the eligible entities in funding capital projects to purchase heavy-duty fuel cell vehicles and related equipment, including hydrogen fueling stations. 3) Applications.-- (A) In general.--Subject to subparagraph (B), an eligible entity desiring a grant under the program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary, in consultation with the Secretary of Energy, may require. ( 5) Priority.--In selecting eligible entities to receive a grant under the program, the Secretary, in consultation with the Secretary of Energy, shall give priority to projects that will provide greater net impact in avoiding or reducing emissions of greenhouse gases. ( 6) Special consideration.--In selecting eligible entities to receive a grant under the program, the Secretary, in consultation with the Secretary of Energy, shall give special consideration to-- (A) if the grant is to be used for the use described in subsection (d)(1)(B), projects in which each applicable hydrogen fueling station is open to the public; or (B) eligible entities that provide greater than 20 percent cost share. (c) Goals.--The goals of the program shall be-- (1) to demonstrate the performance and reliability of heavy-duty fuel cell vehicles in different regions of the United States; (2) to provide a basis for relevant cost evaluations and cost reductions; and (3) to accelerate the market deployment of heavy-duty fuel cell vehicles. ( 3) Operation.-- (A) In general.--Except as provided in subparagraph (B), an eligible entity that receives a grant under the program for a use described in subparagraph (A) or (B) of paragraph (1) may determine whether each applicable hydrogen fueling station shall-- (i) allow only private access; or (ii) be open to the public. ( (4) Capital costs of vehicles.--With respect to the capital costs described in paragraph (2)(A)(i), the amount of grant funds used for those capital costs shall not exceed, with respect to each heavy-duty fuel cell vehicle purchased by the eligible entity and used for the applicable project, the lesser of-- (A) the amount by which the cost of the heavy-duty fuel cell vehicle exceeds 50 percent of the cost of a comparable gasoline or diesel fueled vehicle; and (B) $500,000. ( f) Cost Sharing.--The non-Federal share of the cost of a project carried out using a grant under the program shall be not less than 20 percent. (

To require the Secretary of Transportation, in consultation with the Secretary of Energy, to establish a grant program to demonstrate the performance and reliability of heavy-duty fuel cell vehicles that use hydrogen as a fuel source, and for other purposes. 3) Program.--The term ``program'' means the program established under subsection (b)(1). ( (b) Establishment.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Energy, shall establish a grant program under which the Secretary shall provide grants to eligible entities to assist the eligible entities in funding capital projects to purchase heavy-duty fuel cell vehicles and related equipment, including hydrogen fueling stations. ( 3) Applications.-- (A) In general.--Subject to subparagraph (B), an eligible entity desiring a grant under the program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary, in consultation with the Secretary of Energy, may require. (5) Priority.--In selecting eligible entities to receive a grant under the program, the Secretary, in consultation with the Secretary of Energy, shall give priority to projects that will provide greater net impact in avoiding or reducing emissions of greenhouse gases. ( d) Use of Grant Funds.-- (1) In general.--An eligible entity that receives a grant under the program shall use the grant to demonstrate the performance of-- (A) not fewer than 10 heavy-duty fuel cell vehicles that use hydrogen as fuel source; or (B) not fewer than 1 hydrogen fueling station for use by heavy-duty fuel cell vehicles. (2) Eligible costs.--An eligible entity that receives a grant under the program may use the grant for the following costs: (A) The capital costs of-- (i) the heavy-duty fuel cell vehicles described in paragraph (1)(A), subject to paragraph (4); or (ii) a station described in paragraph (1)(B). ( B) The costs of operating-- (i) the heavy-duty fuel cell vehicles described in paragraph (1)(A); or (ii) a station described in paragraph (1)(B). ( (B) Public hydrogen fueling station developers and operators.--An eligible entity described in subsection (b)(2)(D) that receives a grant under the program to be used only for the use described in paragraph (1)(B) shall make each applicable hydrogen fueling station described in that paragraph open to the public. ( f) Cost Sharing.--The non-Federal share of the cost of a project carried out using a grant under the program shall be not less than 20 percent. ( (h) Reporting.-- (1) In general.--An eligible entity that receives a grant under the program shall submit to the Secretary such operational data relating to eligible costs described in subsection (d)(2) as the Secretary, in consultation with the Secretary of Energy, may require to accelerate market deployment of heavy-duty fuel cell vehicles that use hydrogen as a fuel source. ( 3) System.--The Secretary, in consultation with the Secretary of Energy, shall develop a system for data reporting and data sharing that allows similar fleet and fueling station operators to evaluate the performance of the program. (

To require the Secretary of Transportation, in consultation with the Secretary of Energy, to establish a grant program to demonstrate the performance and reliability of heavy-duty fuel cell vehicles that use hydrogen as a fuel source, and for other purposes. b) Establishment.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Energy, shall establish a grant program under which the Secretary shall provide grants to eligible entities to assist the eligible entities in funding capital projects to purchase heavy-duty fuel cell vehicles and related equipment, including hydrogen fueling stations. 3) Applications.-- (A) In general.--Subject to subparagraph (B), an eligible entity desiring a grant under the program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary, in consultation with the Secretary of Energy, may require. ( 5) Priority.--In selecting eligible entities to receive a grant under the program, the Secretary, in consultation with the Secretary of Energy, shall give priority to projects that will provide greater net impact in avoiding or reducing emissions of greenhouse gases. ( 6) Special consideration.--In selecting eligible entities to receive a grant under the program, the Secretary, in consultation with the Secretary of Energy, shall give special consideration to-- (A) if the grant is to be used for the use described in subsection (d)(1)(B), projects in which each applicable hydrogen fueling station is open to the public; or (B) eligible entities that provide greater than 20 percent cost share. (c) Goals.--The goals of the program shall be-- (1) to demonstrate the performance and reliability of heavy-duty fuel cell vehicles in different regions of the United States; (2) to provide a basis for relevant cost evaluations and cost reductions; and (3) to accelerate the market deployment of heavy-duty fuel cell vehicles. ( 3) Operation.-- (A) In general.--Except as provided in subparagraph (B), an eligible entity that receives a grant under the program for a use described in subparagraph (A) or (B) of paragraph (1) may determine whether each applicable hydrogen fueling station shall-- (i) allow only private access; or (ii) be open to the public. ( (4) Capital costs of vehicles.--With respect to the capital costs described in paragraph (2)(A)(i), the amount of grant funds used for those capital costs shall not exceed, with respect to each heavy-duty fuel cell vehicle purchased by the eligible entity and used for the applicable project, the lesser of-- (A) the amount by which the cost of the heavy-duty fuel cell vehicle exceeds 50 percent of the cost of a comparable gasoline or diesel fueled vehicle; and (B) $500,000. ( f) Cost Sharing.--The non-Federal share of the cost of a project carried out using a grant under the program shall be not less than 20 percent. (

To require the Secretary of Transportation, in consultation with the Secretary of Energy, to establish a grant program to demonstrate the performance and reliability of heavy-duty fuel cell vehicles that use hydrogen as a fuel source, and for other purposes. 3) Program.--The term ``program'' means the program established under subsection (b)(1). ( (b) Establishment.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Energy, shall establish a grant program under which the Secretary shall provide grants to eligible entities to assist the eligible entities in funding capital projects to purchase heavy-duty fuel cell vehicles and related equipment, including hydrogen fueling stations. ( 3) Applications.-- (A) In general.--Subject to subparagraph (B), an eligible entity desiring a grant under the program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary, in consultation with the Secretary of Energy, may require. (5) Priority.--In selecting eligible entities to receive a grant under the program, the Secretary, in consultation with the Secretary of Energy, shall give priority to projects that will provide greater net impact in avoiding or reducing emissions of greenhouse gases. ( d) Use of Grant Funds.-- (1) In general.--An eligible entity that receives a grant under the program shall use the grant to demonstrate the performance of-- (A) not fewer than 10 heavy-duty fuel cell vehicles that use hydrogen as fuel source; or (B) not fewer than 1 hydrogen fueling station for use by heavy-duty fuel cell vehicles. (2) Eligible costs.--An eligible entity that receives a grant under the program may use the grant for the following costs: (A) The capital costs of-- (i) the heavy-duty fuel cell vehicles described in paragraph (1)(A), subject to paragraph (4); or (ii) a station described in paragraph (1)(B). ( B) The costs of operating-- (i) the heavy-duty fuel cell vehicles described in paragraph (1)(A); or (ii) a station described in paragraph (1)(B). ( (B) Public hydrogen fueling station developers and operators.--An eligible entity described in subsection (b)(2)(D) that receives a grant under the program to be used only for the use described in paragraph (1)(B) shall make each applicable hydrogen fueling station described in that paragraph open to the public. ( f) Cost Sharing.--The non-Federal share of the cost of a project carried out using a grant under the program shall be not less than 20 percent. ( (h) Reporting.-- (1) In general.--An eligible entity that receives a grant under the program shall submit to the Secretary such operational data relating to eligible costs described in subsection (d)(2) as the Secretary, in consultation with the Secretary of Energy, may require to accelerate market deployment of heavy-duty fuel cell vehicles that use hydrogen as a fuel source. ( 3) System.--The Secretary, in consultation with the Secretary of Energy, shall develop a system for data reporting and data sharing that allows similar fleet and fueling station operators to evaluate the performance of the program. (

To require the Secretary of Transportation, in consultation with the Secretary of Energy, to establish a grant program to demonstrate the performance and reliability of heavy-duty fuel cell vehicles that use hydrogen as a fuel source, and for other purposes. b) Establishment.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Energy, shall establish a grant program under which the Secretary shall provide grants to eligible entities to assist the eligible entities in funding capital projects to purchase heavy-duty fuel cell vehicles and related equipment, including hydrogen fueling stations. 3) Applications.-- (A) In general.--Subject to subparagraph (B), an eligible entity desiring a grant under the program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary, in consultation with the Secretary of Energy, may require. ( 5) Priority.--In selecting eligible entities to receive a grant under the program, the Secretary, in consultation with the Secretary of Energy, shall give priority to projects that will provide greater net impact in avoiding or reducing emissions of greenhouse gases. ( 6) Special consideration.--In selecting eligible entities to receive a grant under the program, the Secretary, in consultation with the Secretary of Energy, shall give special consideration to-- (A) if the grant is to be used for the use described in subsection (d)(1)(B), projects in which each applicable hydrogen fueling station is open to the public; or (B) eligible entities that provide greater than 20 percent cost share. (c) Goals.--The goals of the program shall be-- (1) to demonstrate the performance and reliability of heavy-duty fuel cell vehicles in different regions of the United States; (2) to provide a basis for relevant cost evaluations and cost reductions; and (3) to accelerate the market deployment of heavy-duty fuel cell vehicles. ( 3) Operation.-- (A) In general.--Except as provided in subparagraph (B), an eligible entity that receives a grant under the program for a use described in subparagraph (A) or (B) of paragraph (1) may determine whether each applicable hydrogen fueling station shall-- (i) allow only private access; or (ii) be open to the public. ( (4) Capital costs of vehicles.--With respect to the capital costs described in paragraph (2)(A)(i), the amount of grant funds used for those capital costs shall not exceed, with respect to each heavy-duty fuel cell vehicle purchased by the eligible entity and used for the applicable project, the lesser of-- (A) the amount by which the cost of the heavy-duty fuel cell vehicle exceeds 50 percent of the cost of a comparable gasoline or diesel fueled vehicle; and (B) $500,000. ( f) Cost Sharing.--The non-Federal share of the cost of a project carried out using a grant under the program shall be not less than 20 percent. (

To require the Secretary of Transportation, in consultation with the Secretary of Energy, to establish a grant program to demonstrate the performance and reliability of heavy-duty fuel cell vehicles that use hydrogen as a fuel source, and for other purposes. 3) Applications.-- (A) In general.--Subject to subparagraph (B), an eligible entity desiring a grant under the program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary, in consultation with the Secretary of Energy, may require. ( ( d) Use of Grant Funds.-- (1) In general.--An eligible entity that receives a grant under the program shall use the grant to demonstrate the performance of-- (A) not fewer than 10 heavy-duty fuel cell vehicles that use hydrogen as fuel source; or (B) not fewer than 1 hydrogen fueling station for use by heavy-duty fuel cell vehicles. ( 2) Eligible costs.--An eligible entity that receives a grant under the program may use the grant for the following costs: (A) The capital costs of-- (i) the heavy-duty fuel cell vehicles described in paragraph (1)(A), subject to paragraph (4); or (ii) a station described in paragraph (1)(B). ( ( (h) Reporting.-- (1) In general.--An eligible entity that receives a grant under the program shall submit to the Secretary such operational data relating to eligible costs described in subsection (d)(2) as the Secretary, in consultation with the Secretary of Energy, may require to accelerate market deployment of heavy-duty fuel cell vehicles that use hydrogen as a fuel source. ( 3) System.--The Secretary, in consultation with the Secretary of Energy, shall develop a system for data reporting and data sharing that allows similar fleet and fueling station operators to evaluate the performance of the program. (

To require the Secretary of Transportation, in consultation with the Secretary of Energy, to establish a grant program to demonstrate the performance and reliability of heavy-duty fuel cell vehicles that use hydrogen as a fuel source, and for other purposes. 6) Special consideration.--In selecting eligible entities to receive a grant under the program, the Secretary, in consultation with the Secretary of Energy, shall give special consideration to-- (A) if the grant is to be used for the use described in subsection (d)(1)(B), projects in which each applicable hydrogen fueling station is open to the public; or (B) eligible entities that provide greater than 20 percent cost share. ( ( (4) Capital costs of vehicles.--With respect to the capital costs described in paragraph (2)(A)(i), the amount of grant funds used for those capital costs shall not exceed, with respect to each heavy-duty fuel cell vehicle purchased by the eligible entity and used for the applicable project, the lesser of-- (A) the amount by which the cost of the heavy-duty fuel cell vehicle exceeds 50 percent of the cost of a comparable gasoline or diesel fueled vehicle; and (B) $500,000. ( f) Cost Sharing.--The non-Federal share of the cost of a project carried out using a grant under the program shall be not less than 20 percent. (

To require the Secretary of Transportation, in consultation with the Secretary of Energy, to establish a grant program to demonstrate the performance and reliability of heavy-duty fuel cell vehicles that use hydrogen as a fuel source, and for other purposes. 3) Applications.-- (A) In general.--Subject to subparagraph (B), an eligible entity desiring a grant under the program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary, in consultation with the Secretary of Energy, may require. ( ( d) Use of Grant Funds.-- (1) In general.--An eligible entity that receives a grant under the program shall use the grant to demonstrate the performance of-- (A) not fewer than 10 heavy-duty fuel cell vehicles that use hydrogen as fuel source; or (B) not fewer than 1 hydrogen fueling station for use by heavy-duty fuel cell vehicles. ( 2) Eligible costs.--An eligible entity that receives a grant under the program may use the grant for the following costs: (A) The capital costs of-- (i) the heavy-duty fuel cell vehicles described in paragraph (1)(A), subject to paragraph (4); or (ii) a station described in paragraph (1)(B). ( ( (h) Reporting.-- (1) In general.--An eligible entity that receives a grant under the program shall submit to the Secretary such operational data relating to eligible costs described in subsection (d)(2) as the Secretary, in consultation with the Secretary of Energy, may require to accelerate market deployment of heavy-duty fuel cell vehicles that use hydrogen as a fuel source. ( 3) System.--The Secretary, in consultation with the Secretary of Energy, shall develop a system for data reporting and data sharing that allows similar fleet and fueling station operators to evaluate the performance of the program. (

Hydrogen for Trucks Act of 2022 This bill directs the Department of Transportation (DOT) to establish a grant program to demonstrate the performance and reliability of heavy-duty fuel cell vehicles that use hydrogen as a fuel source, and for other purposes. The program shall provide grants to eligible entities to assist such entities in funding capital projects to purchase such vehicles and related equipment, including hydrogen fueling Authorizes the Secretary of Energy to award grants to demonstrate the performance of up to 10 heavy-duty fuel cell vehicles that use hydrogen as fuel source or up to one hydrogen fueling station for use by such vehicles. (Sec. 2) Authorizes the use of such grants for: (1) the capital costs of such vehicles or stations; (2) training personnel to ensure safety and

H.R.4293

Education

Supporting America's Young Entrepreneurs Act of 2021 This bill provides deferment and cancellation of federal student loans for certain founders and employees of small business start-ups. The bill also establishes a young entrepreneurs business center. First, the bill allows a founder of a small business start-up to defer student loan payments for up to three years. Next, the bill directs the Department of Education (ED) to cancel up to $20,000 in federal student loan debt for a borrower who (1) has made 24 monthly payments on the loan while employed as a founder of a small business start-up in a distressed area, (2) is approved for loan cancellation by the young entrepreneurs business center established by the bill, and (3) is not currently in default on the loan. Further, ED must cancel up to $3,000 in federal student loan debt for a borrower who (1) has made 12 monthly payments on the loan while employed full-time by a small business start-up, and (2) is not currently in default on the loan. The bill also excludes from an individual's gross income, for income tax purposes, the amount of such canceled student loan debt. Finally, the bill establishes a young entrepreneurs business center within the Small Business Administration to certify small business start-ups, identify distressed areas, and approve loan cancellations. To be certified by the center, a start-up must have a founder who is a recent graduate of an institution of higher education.

To amend the Higher Education Act of 1965 to provide loan deferment and loan cancellation for certain founders and employees of small business start-ups, to amend the Small Business Act to establish a young entrepreneurs business center, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Supporting America's Young Entrepreneurs Act of 2021''. SEC. 2. SMALL BUSINESS START-UP EMPLOYEE LOAN DEFERMENT AND CANCELLATION. (a) Deferment.--Section 455(f) of the Higher Education Act of 1965 (20 U.S.C. 1087e(f)) is amended-- (1) in paragraph (1), by striking ``A borrower of a loan'' and inserting ``Except as provided in paragraph (5), a borrower of a loan''; and (2) by adding at the end the following: ``(5) No interest deferment eligibility for founders of small business start-ups.--A borrower of a loan made under this part shall be eligible for a deferment, during which periodic installments of principal and interest need not be paid, during any period not in excess of 3 years during which the borrower is employed as a founder of a small business start-up (as defined in subsection (r)(3)).''. (b) Loan Cancellation.--Section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e) is amended by adding at the end the following: ``(r) Loan Cancellation for Certain Small Business Start-Up Founders and Employees.-- ``(1) Founders of a small business start-up in a distressed area.-- ``(A) In general.--The Secretary shall cancel $20,000 of the balance of interest and principal due, in accordance with subparagraph (B), on any eligible Federal Direct Loan not in default for a borrower who-- ``(i) has made 24 monthly payments on the eligible Federal Direct Loan after the date of the enactment of this subsection pursuant to any one or a combination of payments under a repayment plan under subsection (d)(1) or (g); ``(ii) has been employed as a founder of a small business start-up in a distressed area during the period in which the borrower makes each of the 24 payments; ``(iii) is employed as a founder of a small business start-up in a distressed area at the time of such cancellation; and ``(iv) is approved for loan cancellation by the young entrepreneurs business center under section 49 of the Small Business Act (16 U.S.C. 631 et seq.). ``(B) Loan cancellation amount.-- ``(i) In general.--After the conclusion of the employment period described in subparagraph (A), the Secretary shall cancel the obligation to repay $20,000 of the balance of interest and principal due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(ii) Limitation.--A borrower may not receive an aggregate amount of more than $20,000 under this subparagraph. ``(C) Ineligibility for double benefits.--No borrower may, for the same service, receive a reduction of loan obligations under both this paragraph and-- ``(i) paragraph (2); ``(ii) subsection (m); or ``(iii) section 428J, 428K, 428L, or 460. ``(2) Employees of a small business start-up.-- ``(A) In general.--The Secretary shall cancel $3,000 of the balance of interest and principal due, in accordance with subparagraph (B), on any eligible Federal Direct Loan not in default for a borrower who-- ``(i) has made 12 monthly payments on the eligible Federal Direct Loan after the date of the enactment of this subsection pursuant to any one or a combination of payments under a repayment plan under subsection (d)(1) or (g); ``(ii) has been employed in a small business start-up job during the period in which the borrower makes each of the 12 payments; and ``(iii) is employed in a small business start-up job at the time of such cancellation. ``(B) Loan cancellation amount.-- ``(i) In general.--After the conclusion of the employment period described in subparagraph (A), the Secretary shall cancel the obligation to repay $3,000 of the balance of interest and principal due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(ii) Limitation.--A borrower may not receive an aggregate amount of more than $15,000 under this subparagraph. ``(C) Ineligibility for double benefits.--No borrower may, for the same service, receive a reduction of loan obligations under both this paragraph and-- ``(i) paragraph (1); ``(ii) subsection (m); or ``(iii) section 428J, 428K, 428L, or 460. ``(3) Definitions.--In this subsection: ``(A) Distressed area.--The term `distressed area' means an area identified under section 49 of the Small Business Act. ``(B) Eligible federal direct loan.--The term `eligible Federal Direct Loan' means a Federal Direct Stafford Loan, Federal Direct PLUS Loan, or Federal Direct Unsubsidized Stafford Loan, or a Federal Direct Consolidation Loan. ``(C) Founder.--The term `founder' has the meaning given under section 49 of the Small Business Act. ``(D) Small business start-up.--The term `small business start-up' means a business that is certified by the young entrepreneurs business center under section 49 of the Small Business Act. ``(E) Small business start-up job.--The term `small business start-up job' means a full-time job as an employee of a small business start-up.''. SEC. 3. YOUNG ENTREPRENEURS BUSINESS CENTER. The Small Business Act (15 U.S.C. 631 et seq.) is amended-- (1) by redesignating section 49 as section 50; and (2) by inserting after section 48 the following new section: ``SEC. 49. YOUNG ENTREPRENEURS BUSINESS CENTER. ``(a) Establishment.--There is established within the Administration a young entrepreneurs business center that shall, for purposes of determining eligibility for loan cancellation for a founder of small business start-up under section 455(r)(1) of the Higher Education Act of 1965-- ``(1) certify small business start-ups under subsection (b); ``(2) identify distressed areas under subsection (c); and ``(3) approve loan cancellation for any founder of a small business start-up in a distressed area under subsection (d). ``(b) Certification.-- ``(1) Application.--To be certified by the young entrepreneurs business center, the founder of a small business start-up shall submit an application to the Administrator that includes-- ``(A) a 5-year business plan for such small business start-up; and ``(B) the number of employees the small business start-up intends to employ on a yearly basis. ``(2) Requirements.--To be certified under this section, a small business start-up shall have, on the date an application is submitted under paragraph (1), a founder who is an employee of such small business start-up and who is a recent graduate of an institution of higher education. ``(c) Distressed Area.-- ``(1) In general.--Not less than once every 3 years after the date of the enactment of this section, the young entrepreneurs business center shall identify and make publically available on the website of the Administration a list of distressed areas. ``(2) Requirements.--A distressed area identified under paragraph (1) shall be a county or equivalent division of local government of a State in which the small business concern is located-- ``(A) that has, for the most recent 24-month period for which statistics are available-- ``(i) a per capita income of 80 percent or less of the national average; or ``(ii) an unemployment rate that is 1 percent greater than the national average; and ``(B) for which the young entrepreneurs business center determines would economically benefit from having small business start-ups established in such area. ``(d) Loan Cancellation for Founders of Small Business Start-Ups in a Distressed Area.--For purposes of loan cancellation under section 455(r)(1) of the Higher Education Act of 1965, the young entrepreneurs business center shall approve a founder of a small business start-up in a distressed area if such founder-- ``(1) established a small business start-up that-- ``(A) was located in a distressed area (as identified under subsection (c)) for not more than 3 years before the date on which such small business start-up was established; ``(B) was certified under subsection (b); and ``(C) on the date of approval under this subsection, has been operating continuously for not less than 5 years; and ``(2) was a founder of a small business start-up in a distressed area during the period in which such founder made the 24 payments described in section 455(r)(1)(A) of such Act. ``(e) Definitions.--In this section: ``(1) Institution of higher education.--The term `institution of higher education' has the meaning given such term in section 102 of the Higher Education Act (20 U.S.C. 1002). ``(2) Small business start-up.--The term `small business start-up' means a small business concern that, as of the date of submission of an application under subsection (b)-- ``(A) does not exist; or ``(B) has been in existence for not more than 3 years.''. SEC. 4. TREATMENT OF LOAN CANCELLATION. (a) In General.--Section 108(f) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(6) Cancellation of certain federal student loans.--In the case of an individual, gross income shall not include the discharge (in whole or in part) of any student loan pursuant to the cancellation (in whole or in part) of such loan by the Secretary of Education under subsection (r) of section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e).''. (b) Effective Date.--The amendment made by this section shall apply to discharges of indebtedness occurring after the date of the enactment of this Act. <all>

Supporting America’s Young Entrepreneurs Act of 2021

To amend the Higher Education Act of 1965 to provide loan deferment and loan cancellation for certain founders and employees of small business start-ups, to amend the Small Business Act to establish a young entrepreneurs business center, and for other purposes.

Supporting America’s Young Entrepreneurs Act of 2021

Rep. Velazquez, Nydia M.

D

NY

This bill provides deferment and cancellation of federal student loans for certain founders and employees of small business start-ups. The bill also establishes a young entrepreneurs business center. First, the bill allows a founder of a small business start-up to defer student loan payments for up to three years. Next, the bill directs the Department of Education (ED) to cancel up to $20,000 in federal student loan debt for a borrower who (1) has made 24 monthly payments on the loan while employed as a founder of a small business start-up in a distressed area, (2) is approved for loan cancellation by the young entrepreneurs business center established by the bill, and (3) is not currently in default on the loan. Further, ED must cancel up to $3,000 in federal student loan debt for a borrower who (1) has made 12 monthly payments on the loan while employed full-time by a small business start-up, and (2) is not currently in default on the loan. The bill also excludes from an individual's gross income, for income tax purposes, the amount of such canceled student loan debt. Finally, the bill establishes a young entrepreneurs business center within the Small Business Administration to certify small business start-ups, identify distressed areas, and approve loan cancellations. To be certified by the center, a start-up must have a founder who is a recent graduate of an institution of higher education.

SHORT TITLE. 2. (a) Deferment.--Section 455(f) of the Higher Education Act of 1965 (20 U.S.C. 631 et seq.). ``(B) Loan cancellation amount.-- ``(i) In general.--After the conclusion of the employment period described in subparagraph (A), the Secretary shall cancel the obligation to repay $20,000 of the balance of interest and principal due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(2) Employees of a small business start-up.-- ``(A) In general.--The Secretary shall cancel $3,000 of the balance of interest and principal due, in accordance with subparagraph (B), on any eligible Federal Direct Loan not in default for a borrower who-- ``(i) has made 12 monthly payments on the eligible Federal Direct Loan after the date of the enactment of this subsection pursuant to any one or a combination of payments under a repayment plan under subsection (d)(1) or (g); ``(ii) has been employed in a small business start-up job during the period in which the borrower makes each of the 12 payments; and ``(iii) is employed in a small business start-up job at the time of such cancellation. ``(ii) Limitation.--A borrower may not receive an aggregate amount of more than $15,000 under this subparagraph. ``(3) Definitions.--In this subsection: ``(A) Distressed area.--The term `distressed area' means an area identified under section 49 of the Small Business Act. ``(B) Eligible federal direct loan.--The term `eligible Federal Direct Loan' means a Federal Direct Stafford Loan, Federal Direct PLUS Loan, or Federal Direct Unsubsidized Stafford Loan, or a Federal Direct Consolidation Loan. ``(D) Small business start-up.--The term `small business start-up' means a business that is certified by the young entrepreneurs business center under section 49 of the Small Business Act. 3. is amended-- (1) by redesignating section 49 as section 50; and (2) by inserting after section 48 the following new section: ``SEC. ``(2) Requirements.--To be certified under this section, a small business start-up shall have, on the date an application is submitted under paragraph (1), a founder who is an employee of such small business start-up and who is a recent graduate of an institution of higher education. ``(2) Requirements.--A distressed area identified under paragraph (1) shall be a county or equivalent division of local government of a State in which the small business concern is located-- ``(A) that has, for the most recent 24-month period for which statistics are available-- ``(i) a per capita income of 80 percent or less of the national average; or ``(ii) an unemployment rate that is 1 percent greater than the national average; and ``(B) for which the young entrepreneurs business center determines would economically benefit from having small business start-ups established in such area. 1002). SEC. 4. TREATMENT OF LOAN CANCELLATION. 1087e).''.

2. (a) Deferment.--Section 455(f) of the Higher Education Act of 1965 (20 U.S.C. 631 et seq.). ``(B) Loan cancellation amount.-- ``(i) In general.--After the conclusion of the employment period described in subparagraph (A), the Secretary shall cancel the obligation to repay $20,000 of the balance of interest and principal due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(2) Employees of a small business start-up.-- ``(A) In general.--The Secretary shall cancel $3,000 of the balance of interest and principal due, in accordance with subparagraph (B), on any eligible Federal Direct Loan not in default for a borrower who-- ``(i) has made 12 monthly payments on the eligible Federal Direct Loan after the date of the enactment of this subsection pursuant to any one or a combination of payments under a repayment plan under subsection (d)(1) or (g); ``(ii) has been employed in a small business start-up job during the period in which the borrower makes each of the 12 payments; and ``(iii) is employed in a small business start-up job at the time of such cancellation. ``(ii) Limitation.--A borrower may not receive an aggregate amount of more than $15,000 under this subparagraph. ``(3) Definitions.--In this subsection: ``(A) Distressed area.--The term `distressed area' means an area identified under section 49 of the Small Business Act. ``(B) Eligible federal direct loan.--The term `eligible Federal Direct Loan' means a Federal Direct Stafford Loan, Federal Direct PLUS Loan, or Federal Direct Unsubsidized Stafford Loan, or a Federal Direct Consolidation Loan. ``(D) Small business start-up.--The term `small business start-up' means a business that is certified by the young entrepreneurs business center under section 49 of the Small Business Act. 3. ``(2) Requirements.--To be certified under this section, a small business start-up shall have, on the date an application is submitted under paragraph (1), a founder who is an employee of such small business start-up and who is a recent graduate of an institution of higher education. SEC. TREATMENT OF LOAN CANCELLATION. 1087e).''.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. (a) Deferment.--Section 455(f) of the Higher Education Act of 1965 (20 U.S.C. 631 et seq.). ``(B) Loan cancellation amount.-- ``(i) In general.--After the conclusion of the employment period described in subparagraph (A), the Secretary shall cancel the obligation to repay $20,000 of the balance of interest and principal due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(C) Ineligibility for double benefits.--No borrower may, for the same service, receive a reduction of loan obligations under both this paragraph and-- ``(i) paragraph (2); ``(ii) subsection (m); or ``(iii) section 428J, 428K, 428L, or 460. ``(2) Employees of a small business start-up.-- ``(A) In general.--The Secretary shall cancel $3,000 of the balance of interest and principal due, in accordance with subparagraph (B), on any eligible Federal Direct Loan not in default for a borrower who-- ``(i) has made 12 monthly payments on the eligible Federal Direct Loan after the date of the enactment of this subsection pursuant to any one or a combination of payments under a repayment plan under subsection (d)(1) or (g); ``(ii) has been employed in a small business start-up job during the period in which the borrower makes each of the 12 payments; and ``(iii) is employed in a small business start-up job at the time of such cancellation. ``(ii) Limitation.--A borrower may not receive an aggregate amount of more than $15,000 under this subparagraph. ``(3) Definitions.--In this subsection: ``(A) Distressed area.--The term `distressed area' means an area identified under section 49 of the Small Business Act. ``(B) Eligible federal direct loan.--The term `eligible Federal Direct Loan' means a Federal Direct Stafford Loan, Federal Direct PLUS Loan, or Federal Direct Unsubsidized Stafford Loan, or a Federal Direct Consolidation Loan. ``(C) Founder.--The term `founder' has the meaning given under section 49 of the Small Business Act. ``(D) Small business start-up.--The term `small business start-up' means a business that is certified by the young entrepreneurs business center under section 49 of the Small Business Act. 3. is amended-- (1) by redesignating section 49 as section 50; and (2) by inserting after section 48 the following new section: ``SEC. ``(b) Certification.-- ``(1) Application.--To be certified by the young entrepreneurs business center, the founder of a small business start-up shall submit an application to the Administrator that includes-- ``(A) a 5-year business plan for such small business start-up; and ``(B) the number of employees the small business start-up intends to employ on a yearly basis. ``(2) Requirements.--To be certified under this section, a small business start-up shall have, on the date an application is submitted under paragraph (1), a founder who is an employee of such small business start-up and who is a recent graduate of an institution of higher education. ``(2) Requirements.--A distressed area identified under paragraph (1) shall be a county or equivalent division of local government of a State in which the small business concern is located-- ``(A) that has, for the most recent 24-month period for which statistics are available-- ``(i) a per capita income of 80 percent or less of the national average; or ``(ii) an unemployment rate that is 1 percent greater than the national average; and ``(B) for which the young entrepreneurs business center determines would economically benefit from having small business start-ups established in such area. 1002). SEC. 4. TREATMENT OF LOAN CANCELLATION. (a) In General.--Section 108(f) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(6) Cancellation of certain federal student loans.--In the case of an individual, gross income shall not include the discharge (in whole or in part) of any student loan pursuant to the cancellation (in whole or in part) of such loan by the Secretary of Education under subsection (r) of section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e).''. (b) Effective Date.--The amendment made by this section shall apply to discharges of indebtedness occurring after the date of the enactment of this Act.

To amend the Higher Education Act of 1965 to provide loan deferment and loan cancellation for certain founders and employees of small business start-ups, to amend the Small Business Act to establish a young entrepreneurs business center, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Supporting America's Young Entrepreneurs Act of 2021''. 2. (a) Deferment.--Section 455(f) of the Higher Education Act of 1965 (20 U.S.C. 1087e(f)) is amended-- (1) in paragraph (1), by striking ``A borrower of a loan'' and inserting ``Except as provided in paragraph (5), a borrower of a loan''; and (2) by adding at the end the following: ``(5) No interest deferment eligibility for founders of small business start-ups.--A borrower of a loan made under this part shall be eligible for a deferment, during which periodic installments of principal and interest need not be paid, during any period not in excess of 3 years during which the borrower is employed as a founder of a small business start-up (as defined in subsection (r)(3)).''. 631 et seq.). ``(B) Loan cancellation amount.-- ``(i) In general.--After the conclusion of the employment period described in subparagraph (A), the Secretary shall cancel the obligation to repay $20,000 of the balance of interest and principal due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(C) Ineligibility for double benefits.--No borrower may, for the same service, receive a reduction of loan obligations under both this paragraph and-- ``(i) paragraph (2); ``(ii) subsection (m); or ``(iii) section 428J, 428K, 428L, or 460. ``(2) Employees of a small business start-up.-- ``(A) In general.--The Secretary shall cancel $3,000 of the balance of interest and principal due, in accordance with subparagraph (B), on any eligible Federal Direct Loan not in default for a borrower who-- ``(i) has made 12 monthly payments on the eligible Federal Direct Loan after the date of the enactment of this subsection pursuant to any one or a combination of payments under a repayment plan under subsection (d)(1) or (g); ``(ii) has been employed in a small business start-up job during the period in which the borrower makes each of the 12 payments; and ``(iii) is employed in a small business start-up job at the time of such cancellation. ``(ii) Limitation.--A borrower may not receive an aggregate amount of more than $15,000 under this subparagraph. ``(3) Definitions.--In this subsection: ``(A) Distressed area.--The term `distressed area' means an area identified under section 49 of the Small Business Act. ``(B) Eligible federal direct loan.--The term `eligible Federal Direct Loan' means a Federal Direct Stafford Loan, Federal Direct PLUS Loan, or Federal Direct Unsubsidized Stafford Loan, or a Federal Direct Consolidation Loan. ``(C) Founder.--The term `founder' has the meaning given under section 49 of the Small Business Act. ``(D) Small business start-up.--The term `small business start-up' means a business that is certified by the young entrepreneurs business center under section 49 of the Small Business Act. ``(E) Small business start-up job.--The term `small business start-up job' means a full-time job as an employee of a small business start-up.''. 3. is amended-- (1) by redesignating section 49 as section 50; and (2) by inserting after section 48 the following new section: ``SEC. ``(b) Certification.-- ``(1) Application.--To be certified by the young entrepreneurs business center, the founder of a small business start-up shall submit an application to the Administrator that includes-- ``(A) a 5-year business plan for such small business start-up; and ``(B) the number of employees the small business start-up intends to employ on a yearly basis. ``(2) Requirements.--To be certified under this section, a small business start-up shall have, on the date an application is submitted under paragraph (1), a founder who is an employee of such small business start-up and who is a recent graduate of an institution of higher education. ``(c) Distressed Area.-- ``(1) In general.--Not less than once every 3 years after the date of the enactment of this section, the young entrepreneurs business center shall identify and make publically available on the website of the Administration a list of distressed areas. ``(2) Requirements.--A distressed area identified under paragraph (1) shall be a county or equivalent division of local government of a State in which the small business concern is located-- ``(A) that has, for the most recent 24-month period for which statistics are available-- ``(i) a per capita income of 80 percent or less of the national average; or ``(ii) an unemployment rate that is 1 percent greater than the national average; and ``(B) for which the young entrepreneurs business center determines would economically benefit from having small business start-ups established in such area. 1002). SEC. 4. TREATMENT OF LOAN CANCELLATION. (a) In General.--Section 108(f) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(6) Cancellation of certain federal student loans.--In the case of an individual, gross income shall not include the discharge (in whole or in part) of any student loan pursuant to the cancellation (in whole or in part) of such loan by the Secretary of Education under subsection (r) of section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e).''. (b) Effective Date.--The amendment made by this section shall apply to discharges of indebtedness occurring after the date of the enactment of this Act.

To amend the Higher Education Act of 1965 to provide loan deferment and loan cancellation for certain founders and employees of small business start-ups, to amend the Small Business Act to establish a young entrepreneurs business center, and for other purposes. This Act may be cited as the ``Supporting America's Young Entrepreneurs Act of 2021''. ``(B) Loan cancellation amount.-- ``(i) In general.--After the conclusion of the employment period described in subparagraph (A), the Secretary shall cancel the obligation to repay $20,000 of the balance of interest and principal due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(ii) Limitation.--A borrower may not receive an aggregate amount of more than $20,000 under this subparagraph. ``(C) Ineligibility for double benefits.--No borrower may, for the same service, receive a reduction of loan obligations under both this paragraph and-- ``(i) paragraph (2); ``(ii) subsection (m); or ``(iii) section 428J, 428K, 428L, or 460. ``(ii) Limitation.--A borrower may not receive an aggregate amount of more than $15,000 under this subparagraph. ``(C) Ineligibility for double benefits.--No borrower may, for the same service, receive a reduction of loan obligations under both this paragraph and-- ``(i) paragraph (1); ``(ii) subsection (m); or ``(iii) section 428J, 428K, 428L, or 460. YOUNG ENTREPRENEURS BUSINESS CENTER. ``(a) Establishment.--There is established within the Administration a young entrepreneurs business center that shall, for purposes of determining eligibility for loan cancellation for a founder of small business start-up under section 455(r)(1) of the Higher Education Act of 1965-- ``(1) certify small business start-ups under subsection (b); ``(2) identify distressed areas under subsection (c); and ``(3) approve loan cancellation for any founder of a small business start-up in a distressed area under subsection (d). ``(c) Distressed Area.-- ``(1) In general.--Not less than once every 3 years after the date of the enactment of this section, the young entrepreneurs business center shall identify and make publically available on the website of the Administration a list of distressed areas. ``(2) Requirements.--A distressed area identified under paragraph (1) shall be a county or equivalent division of local government of a State in which the small business concern is located-- ``(A) that has, for the most recent 24-month period for which statistics are available-- ``(i) a per capita income of 80 percent or less of the national average; or ``(ii) an unemployment rate that is 1 percent greater than the national average; and ``(B) for which the young entrepreneurs business center determines would economically benefit from having small business start-ups established in such area. ``(e) Definitions.--In this section: ``(1) Institution of higher education.--The term `institution of higher education' has the meaning given such term in section 102 of the Higher Education Act (20 U.S.C. 1002). a) In General.--Section 108(f) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(6) Cancellation of certain federal student loans.--In the case of an individual, gross income shall not include the discharge (in whole or in part) of any student loan pursuant to the cancellation (in whole or in part) of such loan by the Secretary of Education under subsection (r) of section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e).''. (

To amend the Higher Education Act of 1965 to provide loan deferment and loan cancellation for certain founders and employees of small business start-ups, to amend the Small Business Act to establish a young entrepreneurs business center, and for other purposes. This Act may be cited as the ``Supporting America's Young Entrepreneurs Act of 2021''. ``(B) Loan cancellation amount.-- ``(i) In general.--After the conclusion of the employment period described in subparagraph (A), the Secretary shall cancel the obligation to repay $20,000 of the balance of interest and principal due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(ii) Limitation.--A borrower may not receive an aggregate amount of more than $20,000 under this subparagraph. ``(B) Loan cancellation amount.-- ``(i) In general.--After the conclusion of the employment period described in subparagraph (A), the Secretary shall cancel the obligation to repay $3,000 of the balance of interest and principal due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(D) Small business start-up.--The term `small business start-up' means a business that is certified by the young entrepreneurs business center under section 49 of the Small Business Act. The Small Business Act (15 U.S.C. 631 et seq.) ``(c) Distressed Area.-- ``(1) In general.--Not less than once every 3 years after the date of the enactment of this section, the young entrepreneurs business center shall identify and make publically available on the website of the Administration a list of distressed areas. ``(e) Definitions.--In this section: ``(1) Institution of higher education.--The term `institution of higher education' has the meaning given such term in section 102 of the Higher Education Act (20 U.S.C. 1002). a) In General.--Section 108(f) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(6) Cancellation of certain federal student loans.--In the case of an individual, gross income shall not include the discharge (in whole or in part) of any student loan pursuant to the cancellation (in whole or in part) of such loan by the Secretary of Education under subsection (r) of section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e).''. (

To amend the Higher Education Act of 1965 to provide loan deferment and loan cancellation for certain founders and employees of small business start-ups, to amend the Small Business Act to establish a young entrepreneurs business center, and for other purposes. This Act may be cited as the ``Supporting America's Young Entrepreneurs Act of 2021''. ``(B) Loan cancellation amount.-- ``(i) In general.--After the conclusion of the employment period described in subparagraph (A), the Secretary shall cancel the obligation to repay $20,000 of the balance of interest and principal due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(ii) Limitation.--A borrower may not receive an aggregate amount of more than $20,000 under this subparagraph. ``(B) Loan cancellation amount.-- ``(i) In general.--After the conclusion of the employment period described in subparagraph (A), the Secretary shall cancel the obligation to repay $3,000 of the balance of interest and principal due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(D) Small business start-up.--The term `small business start-up' means a business that is certified by the young entrepreneurs business center under section 49 of the Small Business Act. The Small Business Act (15 U.S.C. 631 et seq.) ``(c) Distressed Area.-- ``(1) In general.--Not less than once every 3 years after the date of the enactment of this section, the young entrepreneurs business center shall identify and make publically available on the website of the Administration a list of distressed areas. ``(e) Definitions.--In this section: ``(1) Institution of higher education.--The term `institution of higher education' has the meaning given such term in section 102 of the Higher Education Act (20 U.S.C. 1002). a) In General.--Section 108(f) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(6) Cancellation of certain federal student loans.--In the case of an individual, gross income shall not include the discharge (in whole or in part) of any student loan pursuant to the cancellation (in whole or in part) of such loan by the Secretary of Education under subsection (r) of section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e).''. (

To amend the Higher Education Act of 1965 to provide loan deferment and loan cancellation for certain founders and employees of small business start-ups, to amend the Small Business Act to establish a young entrepreneurs business center, and for other purposes. This Act may be cited as the ``Supporting America's Young Entrepreneurs Act of 2021''. ``(B) Loan cancellation amount.-- ``(i) In general.--After the conclusion of the employment period described in subparagraph (A), the Secretary shall cancel the obligation to repay $20,000 of the balance of interest and principal due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(ii) Limitation.--A borrower may not receive an aggregate amount of more than $20,000 under this subparagraph. ``(C) Ineligibility for double benefits.--No borrower may, for the same service, receive a reduction of loan obligations under both this paragraph and-- ``(i) paragraph (2); ``(ii) subsection (m); or ``(iii) section 428J, 428K, 428L, or 460. ``(ii) Limitation.--A borrower may not receive an aggregate amount of more than $15,000 under this subparagraph. ``(C) Ineligibility for double benefits.--No borrower may, for the same service, receive a reduction of loan obligations under both this paragraph and-- ``(i) paragraph (1); ``(ii) subsection (m); or ``(iii) section 428J, 428K, 428L, or 460. YOUNG ENTREPRENEURS BUSINESS CENTER. ``(a) Establishment.--There is established within the Administration a young entrepreneurs business center that shall, for purposes of determining eligibility for loan cancellation for a founder of small business start-up under section 455(r)(1) of the Higher Education Act of 1965-- ``(1) certify small business start-ups under subsection (b); ``(2) identify distressed areas under subsection (c); and ``(3) approve loan cancellation for any founder of a small business start-up in a distressed area under subsection (d). ``(c) Distressed Area.-- ``(1) In general.--Not less than once every 3 years after the date of the enactment of this section, the young entrepreneurs business center shall identify and make publically available on the website of the Administration a list of distressed areas. ``(2) Requirements.--A distressed area identified under paragraph (1) shall be a county or equivalent division of local government of a State in which the small business concern is located-- ``(A) that has, for the most recent 24-month period for which statistics are available-- ``(i) a per capita income of 80 percent or less of the national average; or ``(ii) an unemployment rate that is 1 percent greater than the national average; and ``(B) for which the young entrepreneurs business center determines would economically benefit from having small business start-ups established in such area. ``(e) Definitions.--In this section: ``(1) Institution of higher education.--The term `institution of higher education' has the meaning given such term in section 102 of the Higher Education Act (20 U.S.C. 1002). a) In General.--Section 108(f) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(6) Cancellation of certain federal student loans.--In the case of an individual, gross income shall not include the discharge (in whole or in part) of any student loan pursuant to the cancellation (in whole or in part) of such loan by the Secretary of Education under subsection (r) of section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e).''. (

To amend the Higher Education Act of 1965 to provide loan deferment and loan cancellation for certain founders and employees of small business start-ups, to amend the Small Business Act to establish a young entrepreneurs business center, and for other purposes. This Act may be cited as the ``Supporting America's Young Entrepreneurs Act of 2021''. ``(B) Loan cancellation amount.-- ``(i) In general.--After the conclusion of the employment period described in subparagraph (A), the Secretary shall cancel the obligation to repay $20,000 of the balance of interest and principal due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(ii) Limitation.--A borrower may not receive an aggregate amount of more than $20,000 under this subparagraph. ``(B) Loan cancellation amount.-- ``(i) In general.--After the conclusion of the employment period described in subparagraph (A), the Secretary shall cancel the obligation to repay $3,000 of the balance of interest and principal due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(D) Small business start-up.--The term `small business start-up' means a business that is certified by the young entrepreneurs business center under section 49 of the Small Business Act. The Small Business Act (15 U.S.C. 631 et seq.) ``(c) Distressed Area.-- ``(1) In general.--Not less than once every 3 years after the date of the enactment of this section, the young entrepreneurs business center shall identify and make publically available on the website of the Administration a list of distressed areas. ``(e) Definitions.--In this section: ``(1) Institution of higher education.--The term `institution of higher education' has the meaning given such term in section 102 of the Higher Education Act (20 U.S.C. 1002). a) In General.--Section 108(f) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(6) Cancellation of certain federal student loans.--In the case of an individual, gross income shall not include the discharge (in whole or in part) of any student loan pursuant to the cancellation (in whole or in part) of such loan by the Secretary of Education under subsection (r) of section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e).''. (

To amend the Higher Education Act of 1965 to provide loan deferment and loan cancellation for certain founders and employees of small business start-ups, to amend the Small Business Act to establish a young entrepreneurs business center, and for other purposes. This Act may be cited as the ``Supporting America's Young Entrepreneurs Act of 2021''. ``(B) Loan cancellation amount.-- ``(i) In general.--After the conclusion of the employment period described in subparagraph (A), the Secretary shall cancel the obligation to repay $20,000 of the balance of interest and principal due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(ii) Limitation.--A borrower may not receive an aggregate amount of more than $20,000 under this subparagraph. ``(C) Ineligibility for double benefits.--No borrower may, for the same service, receive a reduction of loan obligations under both this paragraph and-- ``(i) paragraph (2); ``(ii) subsection (m); or ``(iii) section 428J, 428K, 428L, or 460. ``(ii) Limitation.--A borrower may not receive an aggregate amount of more than $15,000 under this subparagraph. ``(C) Ineligibility for double benefits.--No borrower may, for the same service, receive a reduction of loan obligations under both this paragraph and-- ``(i) paragraph (1); ``(ii) subsection (m); or ``(iii) section 428J, 428K, 428L, or 460. YOUNG ENTREPRENEURS BUSINESS CENTER. ``(a) Establishment.--There is established within the Administration a young entrepreneurs business center that shall, for purposes of determining eligibility for loan cancellation for a founder of small business start-up under section 455(r)(1) of the Higher Education Act of 1965-- ``(1) certify small business start-ups under subsection (b); ``(2) identify distressed areas under subsection (c); and ``(3) approve loan cancellation for any founder of a small business start-up in a distressed area under subsection (d). ``(c) Distressed Area.-- ``(1) In general.--Not less than once every 3 years after the date of the enactment of this section, the young entrepreneurs business center shall identify and make publically available on the website of the Administration a list of distressed areas. ``(2) Requirements.--A distressed area identified under paragraph (1) shall be a county or equivalent division of local government of a State in which the small business concern is located-- ``(A) that has, for the most recent 24-month period for which statistics are available-- ``(i) a per capita income of 80 percent or less of the national average; or ``(ii) an unemployment rate that is 1 percent greater than the national average; and ``(B) for which the young entrepreneurs business center determines would economically benefit from having small business start-ups established in such area. ``(e) Definitions.--In this section: ``(1) Institution of higher education.--The term `institution of higher education' has the meaning given such term in section 102 of the Higher Education Act (20 U.S.C. 1002). a) In General.--Section 108(f) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(6) Cancellation of certain federal student loans.--In the case of an individual, gross income shall not include the discharge (in whole or in part) of any student loan pursuant to the cancellation (in whole or in part) of such loan by the Secretary of Education under subsection (r) of section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e).''. (

To amend the Higher Education Act of 1965 to provide loan deferment and loan cancellation for certain founders and employees of small business start-ups, to amend the Small Business Act to establish a young entrepreneurs business center, and for other purposes. This Act may be cited as the ``Supporting America's Young Entrepreneurs Act of 2021''. ``(B) Loan cancellation amount.-- ``(i) In general.--After the conclusion of the employment period described in subparagraph (A), the Secretary shall cancel the obligation to repay $20,000 of the balance of interest and principal due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(ii) Limitation.--A borrower may not receive an aggregate amount of more than $20,000 under this subparagraph. ``(B) Loan cancellation amount.-- ``(i) In general.--After the conclusion of the employment period described in subparagraph (A), the Secretary shall cancel the obligation to repay $3,000 of the balance of interest and principal due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(D) Small business start-up.--The term `small business start-up' means a business that is certified by the young entrepreneurs business center under section 49 of the Small Business Act. The Small Business Act (15 U.S.C. 631 et seq.) ``(c) Distressed Area.-- ``(1) In general.--Not less than once every 3 years after the date of the enactment of this section, the young entrepreneurs business center shall identify and make publically available on the website of the Administration a list of distressed areas. ``(e) Definitions.--In this section: ``(1) Institution of higher education.--The term `institution of higher education' has the meaning given such term in section 102 of the Higher Education Act (20 U.S.C. 1002). a) In General.--Section 108(f) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(6) Cancellation of certain federal student loans.--In the case of an individual, gross income shall not include the discharge (in whole or in part) of any student loan pursuant to the cancellation (in whole or in part) of such loan by the Secretary of Education under subsection (r) of section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e).''. (

To amend the Higher Education Act of 1965 to provide loan deferment and loan cancellation for certain founders and employees of small business start-ups, to amend the Small Business Act to establish a young entrepreneurs business center, and for other purposes. ``(ii) Limitation.--A borrower may not receive an aggregate amount of more than $20,000 under this subparagraph. ``(a) Establishment.--There is established within the Administration a young entrepreneurs business center that shall, for purposes of determining eligibility for loan cancellation for a founder of small business start-up under section 455(r)(1) of the Higher Education Act of 1965-- ``(1) certify small business start-ups under subsection (b); ``(2) identify distressed areas under subsection (c); and ``(3) approve loan cancellation for any founder of a small business start-up in a distressed area under subsection (d). ``(2) Requirements.--A distressed area identified under paragraph (1) shall be a county or equivalent division of local government of a State in which the small business concern is located-- ``(A) that has, for the most recent 24-month period for which statistics are available-- ``(i) a per capita income of 80 percent or less of the national average; or ``(ii) an unemployment rate that is 1 percent greater than the national average; and ``(B) for which the young entrepreneurs business center determines would economically benefit from having small business start-ups established in such area. ``(e) Definitions.--In this section: ``(1) Institution of higher education.--The term `institution of higher education' has the meaning given such term in section 102 of the Higher Education Act (20 U.S.C. 1002). a) In General.--Section 108(f) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(6) Cancellation of certain federal student loans.--In the case of an individual, gross income shall not include the discharge (in whole or in part) of any student loan pursuant to the cancellation (in whole or in part) of such loan by the Secretary of Education under subsection (r) of section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e).''. (

To amend the Higher Education Act of 1965 to provide loan deferment and loan cancellation for certain founders and employees of small business start-ups, to amend the Small Business Act to establish a young entrepreneurs business center, and for other purposes. ``(B) Loan cancellation amount.-- ``(i) In general.--After the conclusion of the employment period described in subparagraph (A), the Secretary shall cancel the obligation to repay $3,000 of the balance of interest and principal due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. a) In General.--Section 108(f) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(6) Cancellation of certain federal student loans.--In the case of an individual, gross income shall not include the discharge (in whole or in part) of any student loan pursuant to the cancellation (in whole or in part) of such loan by the Secretary of Education under subsection (r) of section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e).''. (

To amend the Higher Education Act of 1965 to provide loan deferment and loan cancellation for certain founders and employees of small business start-ups, to amend the Small Business Act to establish a young entrepreneurs business center, and for other purposes. ``(ii) Limitation.--A borrower may not receive an aggregate amount of more than $20,000 under this subparagraph. ``(a) Establishment.--There is established within the Administration a young entrepreneurs business center that shall, for purposes of determining eligibility for loan cancellation for a founder of small business start-up under section 455(r)(1) of the Higher Education Act of 1965-- ``(1) certify small business start-ups under subsection (b); ``(2) identify distressed areas under subsection (c); and ``(3) approve loan cancellation for any founder of a small business start-up in a distressed area under subsection (d). ``(2) Requirements.--A distressed area identified under paragraph (1) shall be a county or equivalent division of local government of a State in which the small business concern is located-- ``(A) that has, for the most recent 24-month period for which statistics are available-- ``(i) a per capita income of 80 percent or less of the national average; or ``(ii) an unemployment rate that is 1 percent greater than the national average; and ``(B) for which the young entrepreneurs business center determines would economically benefit from having small business start-ups established in such area. ``(e) Definitions.--In this section: ``(1) Institution of higher education.--The term `institution of higher education' has the meaning given such term in section 102 of the Higher Education Act (20 U.S.C. 1002). a) In General.--Section 108(f) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(6) Cancellation of certain federal student loans.--In the case of an individual, gross income shall not include the discharge (in whole or in part) of any student loan pursuant to the cancellation (in whole or in part) of such loan by the Secretary of Education under subsection (r) of section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e).''. (

Supporting America's Young Entrepreneurs Act of 2021 - Amends the Higher Education Act of 1965 to provide loan deferment and loan cancellation for certain founders and employees of small business start-ups, to establish a young entrepreneurs business center, and for other purposes. (Sec. 2) Amends title IV (Student Assistance) of the Social Security Act to: (1) Amends the Internal Revenue Code to provide for the cancellation of certain federal student loans for small business start-ups located in distressed areas. (Currently, such cancellation is only for individuals.) (Sec. 4) Amends title IV (Student Assistance) of the Social Security Act to provide that such cancellation shall not apply to discharges of indebtedness occurring after the date of enactment of

H.R.7191

Housing and Community Development

Homes for All Act of 2021 This bill provides funding for the construction of new public housing units, authorizes additional assistance for the construction of new affordable housing units, and otherwise addresses housing affordability. Specifically, the bill provides permanent, mandatory funding for the capital and operating funds available to public housing agencies (PHAs) and allows PHAs to use such funds to construct new public housing units. Under current law, a PHA generally may not use such funds to construct public housing units if doing so would result in a net increase of the number of public housing units owned, assisted, or operated by the PHA. The bill also (1) provides annual funding through FY2032 for the construction of new public housing units; and (2) authorizes additional assistance through FY2032 from the Housing Trust Fund for the construction of new, private-market, affordable housing units. A PHA may not discriminate, with respect to the rental of a unit developed with assistance under the bill, based on an individual's criminal record or immigration status. Additionally, a PHA receiving such assistance must meet specified requirements with respect to the new units regarding other forms of discrimination, supportive services, environmental standards, and accessibility. Finally, the bill requires the Department of Housing and Urban Development to establish a Community Control and Anti-Displacement Fund to award grants to local governments for the purpose of combatting gentrification and neighborhood destabilization.

To establish new units of public housing and private market affordable housing, to provide grants to combat gentrification and neighborhood destabilization, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Homes for All Act of 2021''. SEC. 2. CONGRESSIONAL FINDINGS. The Congress finds that-- (1) Every State and large metropolitan area in the United States is facing a shortage of affordable housing options for people who are very or extremely low-income. (2) More than 18 million households--1 in 6--are paying more than half of their income on housing and are considered severely cost-burdened. (3) The current affordable housing shortage facing the United States cannot be addressed solely by the private market, necessitating significant Federal intervention and investment. (4) The Federal Government must adopt a policy that guarantees the right to housing for all individuals, strengthen neighborhoods, and address the failures of the free market in housing by building new public housing and investing in private affordable housing. SEC. 3. CONSTRUCTION OF NEW PUBLIC HOUSING. (a) Purpose.--It is the purpose of this section to fund the construction of 9,500,000 publicly owned dwelling units over 10 years. (b) Repeal of Faircloth Amendment.--Section 9(g) of the United States Housing Act of 1937 (42 U.S.C. 1437g(g)) is amended by striking paragraph (3) (relating to limitation on new construction). (c) Full Funding of Public Housing Operating and Capital Expenses Under Mandatory Spending.--Subsection (c) of section 9 of the United States Housing Act of 1937 (42 U.S.C. 1437g(c)) is amended by striking paragraph (2) and inserting the following new paragraphs: ``(2) Funding.--For fiscal year 2022 and each fiscal year thereafter, each public housing agency shall be entitled to assistance in the following amounts: ``(A) Capital fund.--From the Capital Fund under subsection (d), such amount as may be necessary to fully fund the capital needs of the agency for such fiscal year, as determined in accordance with such subsection. ``(B) Operating fund.--From the Operating Fund under subsection (e), such amount as may be necessary to fully fund the operating needs of the agency for such fiscal year, as determined in accordance with such subsection. ``(3) Permanent appropriations.--For fiscal year 2022 and each fiscal year thereafter, there is appropriated-- ``(A) for the Capital Fund, an amount equivalent to the aggregate of the amounts to which each public housing agency is entitled under paragraph (2)(A); and ``(B) for the Operating Fund, an amount equivalent to the aggregate of the amounts to which each public housing agency is entitled under paragraph (2)(B).''. (d) Homes for All New Construction Program.-- (1) Authorization of appropriations.--Section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) is amended by adding at the end the following new subsection: ``(ee) Homes for All.-- ``(1) In general.--There shall be appropriated $80,000,000,000 for each of fiscal years 2022 through 2032 for annual contribution contracts for assistance under section 5(a)(2) to cover the development costs for new public housing dwelling units that meet the requirements of this subsection. ``(2) Requirements.-- ``(A) Public housing.--All dwelling units funded with amounts made available pursuant to this subsection shall comply with and be operated in compliance with all requirements applicable to public housing (as defined in section 3(b)) and the requirements of this subsection. ``(B) Regulations.--The Secretary shall issue regulations to ensure, to the extent practicable, that dwelling units funded with amounts made available pursuant to this subsection comply with the following: ``(i) Use.--Notwithstanding any provision of this Act, such units shall be operated as public housing during the entire useful life of such dwelling units and may not be sold or otherwise alienated by the public housing agency receiving such amounts during such useful life. ``(ii) Location and accessibility.--Such units shall be located in a manner that complies with such standards as the Secretary, in conjunction with the Secretary of the Department of Transportation, shall establish to ensure proper integration of housing and public transit and ensure that residents of such units have access to sufficient transportation options. Standards should ensure that such units should be integrated with public transit and vehicle alternatives such as walking and biking and should accommodate differences between a transit hub in a town or reservation compared with a large city. ``(iii) Environmental standards.--Such units shall comply with such standards as the Secretary shall establish to ensure such units are designed, built, and operated according to the highest possible environmental standard, with a focus on minimizing energy costs and achieving carbon neutrality. ``(iv) Tenancy restrictions.--A public housing agency receiving assistance made available pursuant to this subsection shall not refuse to rent a dwelling unit developed with such assistance or otherwise discriminate in the rental of such a dwelling unit based on an individual's criminal record or immigration status. ``(v) Anti-discrimination.--A public housing agency receiving assistance made available pursuant to this subsection shall not refuse to rent a dwelling unit developed with such assistance or otherwise discriminate in the rental of such a dwelling unit because of the sexual orientation or gender identity of any person. ``(vi) Affirmatively furthering fair housing.--A public housing agency receiving assistance made available pursuant to this subsection shall comply with the final rule entitled `Affirmatively Furthering Fair Housing' (80 Fed. Reg. 42272 (July 16, 2015)). ``(vii) Supportive services.--A public housing agency receiving assistance made available pursuant to this subsection shall develop a supportive services plan to ensure that residents have access to free, voluntary programs that address the needs of people experiencing chronic homelessness and housing instability. Services provided should include assistance with accessing healthcare, employment, education, childcare, financial literacy and other community-based supportive services.''. SEC. 4. CONSTRUCTION OF PRIVATE MARKET AFFORDABLE HOUSING. (a) Purpose.--It is the purpose of this section to fund the construction of 2,500,000 private market affordable housing dwelling units over 10 years. (b) Authorization of Appropriations.--There is authorized to be appropriated $20,000,000,000 for each of fiscal years 2022 through 2032 for crediting to the Housing Trust Fund under section 1338 of the Housing and Community Development Act of 1992 (12 U.S.C. 4568), which amounts shall be available only for assistance for production of new dwelling units that comply with the requirements of such section 1338 and this section. (c) Use.--Notwithstanding any provision of the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.), all units developed using amounts made available pursuant to this section shall remain affordable housing units for the entire useful life of such dwelling units. (d) Location and Accessibility.--All dwelling units developed using amounts made available pursuant to this section shall be located in a manner that complies with such standards as the Secretary of Housing and Urban Development (in this subsection referred to as the ``Secretary''), in conjunction with the Secretary of the Department of Transportation, shall establish to ensure proper integration of housing and public transit and ensure that residents of such units have access to sufficient transportation options. Standards should ensure that such units should be integrated with public transit and vehicle alternatives such as walking and biking and should accommodate differences between a transit hub in a town or reservation compared with a large city. (e) Environmental Standards.--All dwelling units developed using amounts made available pursuant to this section shall comply with such standards as the Secretary shall establish to ensure units are designed, built, and operated according to the highest possible environmental standard, with a focus on minimizing energy costs and achieving carbon neutrality. (f) Tenancy Restrictions.--A public housing agency receiving assistance made available pursuant to this section shall not refuse to rent a dwelling unit developed with such assistance or otherwise discriminate in the rental of such a dwelling unit based on an individual's criminal record or immigration status. (g) Anti-Discrimination.--A public housing agency receiving assistance made available pursuant to this section shall not refuse to rent a dwelling unit developed with such assistance or otherwise discriminate in the rental of such a dwelling unit because of the sexual orientation or gender identity of any person. (h) Affirmatively Furthering Fair Housing.--A public housing agency receiving assistance made available pursuant to this section shall comply with the final rule entitled ``Affirmatively Furthering Fair Housing'' (80 Fed. Reg. 42272 (July 16, 2015)). (i) Supportive Services.--A public housing agency receiving assistance made available pursuant to this section shall develop a supportive services plan to ensure that residents have access to free, voluntary programs that address the needs of people experiencing chronic homelessness and housing instability. Services provided should include assistance with accessing healthcare, employment, education, childcare, financial literacy and other community-based supportive services. SEC. 5. COMMUNITY CONTROL AND ANTI-DISPLACEMENT FUND. (a) Establishment.--The Secretary of Housing and Urban Development shall establish a program to be known as the ``Community Control and Anti-Displacement Fund'' to provide grants to local governments for the purposes of combating gentrification and neighborhood destabilization. (b) Priority.--The Secretary shall prioritize awards to local governments that propose projects or programs that encourage alternative ownership housing models that give renters agency over how the housing is operated and that protect housing affordability. (c) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Housing and Urban Development $200,000,000,000 for fiscal years 2022 through 2032 to carry out this section. <all>

Homes for All Act of 2021

To establish new units of public housing and private market affordable housing, to provide grants to combat gentrification and neighborhood destabilization, and for other purposes.

Homes for All Act of 2021

Rep. Omar, Ilhan

D

MN

This bill provides funding for the construction of new public housing units, authorizes additional assistance for the construction of new affordable housing units, and otherwise addresses housing affordability. Specifically, the bill provides permanent, mandatory funding for the capital and operating funds available to public housing agencies (PHAs) and allows PHAs to use such funds to construct new public housing units. Under current law, a PHA generally may not use such funds to construct public housing units if doing so would result in a net increase of the number of public housing units owned, assisted, or operated by the PHA. The bill also (1) provides annual funding through FY2032 for the construction of new public housing units; and (2) authorizes additional assistance through FY2032 from the Housing Trust Fund for the construction of new, private-market, affordable housing units. A PHA may not discriminate, with respect to the rental of a unit developed with assistance under the bill, based on an individual's criminal record or immigration status. Additionally, a PHA receiving such assistance must meet specified requirements with respect to the new units regarding other forms of discrimination, supportive services, environmental standards, and accessibility. Finally, the bill requires the Department of Housing and Urban Development to establish a Community Control and Anti-Displacement Fund to award grants to local governments for the purpose of combatting gentrification and neighborhood destabilization.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Homes for All Act of 2021''. 2. CONGRESSIONAL FINDINGS. (2) More than 18 million households--1 in 6--are paying more than half of their income on housing and are considered severely cost-burdened. 3. CONSTRUCTION OF NEW PUBLIC HOUSING. 1437g(g)) is amended by striking paragraph (3) (relating to limitation on new construction). ``(B) Operating fund.--From the Operating Fund under subsection (e), such amount as may be necessary to fully fund the operating needs of the agency for such fiscal year, as determined in accordance with such subsection. ``(ii) Location and accessibility.--Such units shall be located in a manner that complies with such standards as the Secretary, in conjunction with the Secretary of the Department of Transportation, shall establish to ensure proper integration of housing and public transit and ensure that residents of such units have access to sufficient transportation options. ``(iii) Environmental standards.--Such units shall comply with such standards as the Secretary shall establish to ensure such units are designed, built, and operated according to the highest possible environmental standard, with a focus on minimizing energy costs and achieving carbon neutrality. ``(iv) Tenancy restrictions.--A public housing agency receiving assistance made available pursuant to this subsection shall not refuse to rent a dwelling unit developed with such assistance or otherwise discriminate in the rental of such a dwelling unit based on an individual's criminal record or immigration status. Services provided should include assistance with accessing healthcare, employment, education, childcare, financial literacy and other community-based supportive services.''. 4. CONSTRUCTION OF PRIVATE MARKET AFFORDABLE HOUSING. (c) Use.--Notwithstanding any provision of the United States Housing Act of 1937 (42 U.S.C. 1437 et seq. ), all units developed using amounts made available pursuant to this section shall remain affordable housing units for the entire useful life of such dwelling units. Standards should ensure that such units should be integrated with public transit and vehicle alternatives such as walking and biking and should accommodate differences between a transit hub in a town or reservation compared with a large city. (h) Affirmatively Furthering Fair Housing.--A public housing agency receiving assistance made available pursuant to this section shall comply with the final rule entitled ``Affirmatively Furthering Fair Housing'' (80 Fed. Reg. 42272 (July 16, 2015)). SEC. 5. (a) Establishment.--The Secretary of Housing and Urban Development shall establish a program to be known as the ``Community Control and Anti-Displacement Fund'' to provide grants to local governments for the purposes of combating gentrification and neighborhood destabilization. (c) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Housing and Urban Development $200,000,000,000 for fiscal years 2022 through 2032 to carry out this section.

2. 3. CONSTRUCTION OF NEW PUBLIC HOUSING. 1437g(g)) is amended by striking paragraph (3) (relating to limitation on new construction). ``(B) Operating fund.--From the Operating Fund under subsection (e), such amount as may be necessary to fully fund the operating needs of the agency for such fiscal year, as determined in accordance with such subsection. ``(ii) Location and accessibility.--Such units shall be located in a manner that complies with such standards as the Secretary, in conjunction with the Secretary of the Department of Transportation, shall establish to ensure proper integration of housing and public transit and ensure that residents of such units have access to sufficient transportation options. ``(iii) Environmental standards.--Such units shall comply with such standards as the Secretary shall establish to ensure such units are designed, built, and operated according to the highest possible environmental standard, with a focus on minimizing energy costs and achieving carbon neutrality. Services provided should include assistance with accessing healthcare, employment, education, childcare, financial literacy and other community-based supportive services.''. 4. CONSTRUCTION OF PRIVATE MARKET AFFORDABLE HOUSING. (c) Use.--Notwithstanding any provision of the United States Housing Act of 1937 (42 U.S.C. ), all units developed using amounts made available pursuant to this section shall remain affordable housing units for the entire useful life of such dwelling units. Standards should ensure that such units should be integrated with public transit and vehicle alternatives such as walking and biking and should accommodate differences between a transit hub in a town or reservation compared with a large city. (h) Affirmatively Furthering Fair Housing.--A public housing agency receiving assistance made available pursuant to this section shall comply with the final rule entitled ``Affirmatively Furthering Fair Housing'' (80 Fed. Reg. 42272 (July 16, 2015)). SEC. 5. (a) Establishment.--The Secretary of Housing and Urban Development shall establish a program to be known as the ``Community Control and Anti-Displacement Fund'' to provide grants to local governments for the purposes of combating gentrification and neighborhood destabilization. (c) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Housing and Urban Development $200,000,000,000 for fiscal years 2022 through 2032 to carry out this section.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Homes for All Act of 2021''. 2. CONGRESSIONAL FINDINGS. (2) More than 18 million households--1 in 6--are paying more than half of their income on housing and are considered severely cost-burdened. (3) The current affordable housing shortage facing the United States cannot be addressed solely by the private market, necessitating significant Federal intervention and investment. 3. CONSTRUCTION OF NEW PUBLIC HOUSING. (a) Purpose.--It is the purpose of this section to fund the construction of 9,500,000 publicly owned dwelling units over 10 years. 1437g(g)) is amended by striking paragraph (3) (relating to limitation on new construction). 1437g(c)) is amended by striking paragraph (2) and inserting the following new paragraphs: ``(2) Funding.--For fiscal year 2022 and each fiscal year thereafter, each public housing agency shall be entitled to assistance in the following amounts: ``(A) Capital fund.--From the Capital Fund under subsection (d), such amount as may be necessary to fully fund the capital needs of the agency for such fiscal year, as determined in accordance with such subsection. ``(B) Operating fund.--From the Operating Fund under subsection (e), such amount as may be necessary to fully fund the operating needs of the agency for such fiscal year, as determined in accordance with such subsection. ``(2) Requirements.-- ``(A) Public housing.--All dwelling units funded with amounts made available pursuant to this subsection shall comply with and be operated in compliance with all requirements applicable to public housing (as defined in section 3(b)) and the requirements of this subsection. ``(ii) Location and accessibility.--Such units shall be located in a manner that complies with such standards as the Secretary, in conjunction with the Secretary of the Department of Transportation, shall establish to ensure proper integration of housing and public transit and ensure that residents of such units have access to sufficient transportation options. ``(iii) Environmental standards.--Such units shall comply with such standards as the Secretary shall establish to ensure such units are designed, built, and operated according to the highest possible environmental standard, with a focus on minimizing energy costs and achieving carbon neutrality. ``(iv) Tenancy restrictions.--A public housing agency receiving assistance made available pursuant to this subsection shall not refuse to rent a dwelling unit developed with such assistance or otherwise discriminate in the rental of such a dwelling unit based on an individual's criminal record or immigration status. ``(vii) Supportive services.--A public housing agency receiving assistance made available pursuant to this subsection shall develop a supportive services plan to ensure that residents have access to free, voluntary programs that address the needs of people experiencing chronic homelessness and housing instability. Services provided should include assistance with accessing healthcare, employment, education, childcare, financial literacy and other community-based supportive services.''. 4. CONSTRUCTION OF PRIVATE MARKET AFFORDABLE HOUSING. (c) Use.--Notwithstanding any provision of the United States Housing Act of 1937 (42 U.S.C. 1437 et seq. ), all units developed using amounts made available pursuant to this section shall remain affordable housing units for the entire useful life of such dwelling units. Standards should ensure that such units should be integrated with public transit and vehicle alternatives such as walking and biking and should accommodate differences between a transit hub in a town or reservation compared with a large city. (h) Affirmatively Furthering Fair Housing.--A public housing agency receiving assistance made available pursuant to this section shall comply with the final rule entitled ``Affirmatively Furthering Fair Housing'' (80 Fed. Reg. 42272 (July 16, 2015)). SEC. 5. (a) Establishment.--The Secretary of Housing and Urban Development shall establish a program to be known as the ``Community Control and Anti-Displacement Fund'' to provide grants to local governments for the purposes of combating gentrification and neighborhood destabilization. (b) Priority.--The Secretary shall prioritize awards to local governments that propose projects or programs that encourage alternative ownership housing models that give renters agency over how the housing is operated and that protect housing affordability. (c) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Housing and Urban Development $200,000,000,000 for fiscal years 2022 through 2032 to carry out this section.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Homes for All Act of 2021''. 2. CONGRESSIONAL FINDINGS. The Congress finds that-- (1) Every State and large metropolitan area in the United States is facing a shortage of affordable housing options for people who are very or extremely low-income. (2) More than 18 million households--1 in 6--are paying more than half of their income on housing and are considered severely cost-burdened. (3) The current affordable housing shortage facing the United States cannot be addressed solely by the private market, necessitating significant Federal intervention and investment. (4) The Federal Government must adopt a policy that guarantees the right to housing for all individuals, strengthen neighborhoods, and address the failures of the free market in housing by building new public housing and investing in private affordable housing. 3. CONSTRUCTION OF NEW PUBLIC HOUSING. (a) Purpose.--It is the purpose of this section to fund the construction of 9,500,000 publicly owned dwelling units over 10 years. 1437g(g)) is amended by striking paragraph (3) (relating to limitation on new construction). 1437g(c)) is amended by striking paragraph (2) and inserting the following new paragraphs: ``(2) Funding.--For fiscal year 2022 and each fiscal year thereafter, each public housing agency shall be entitled to assistance in the following amounts: ``(A) Capital fund.--From the Capital Fund under subsection (d), such amount as may be necessary to fully fund the capital needs of the agency for such fiscal year, as determined in accordance with such subsection. ``(B) Operating fund.--From the Operating Fund under subsection (e), such amount as may be necessary to fully fund the operating needs of the agency for such fiscal year, as determined in accordance with such subsection. 1437f) is amended by adding at the end the following new subsection: ``(ee) Homes for All.-- ``(1) In general.--There shall be appropriated $80,000,000,000 for each of fiscal years 2022 through 2032 for annual contribution contracts for assistance under section 5(a)(2) to cover the development costs for new public housing dwelling units that meet the requirements of this subsection. ``(2) Requirements.-- ``(A) Public housing.--All dwelling units funded with amounts made available pursuant to this subsection shall comply with and be operated in compliance with all requirements applicable to public housing (as defined in section 3(b)) and the requirements of this subsection. ``(ii) Location and accessibility.--Such units shall be located in a manner that complies with such standards as the Secretary, in conjunction with the Secretary of the Department of Transportation, shall establish to ensure proper integration of housing and public transit and ensure that residents of such units have access to sufficient transportation options. ``(iii) Environmental standards.--Such units shall comply with such standards as the Secretary shall establish to ensure such units are designed, built, and operated according to the highest possible environmental standard, with a focus on minimizing energy costs and achieving carbon neutrality. ``(iv) Tenancy restrictions.--A public housing agency receiving assistance made available pursuant to this subsection shall not refuse to rent a dwelling unit developed with such assistance or otherwise discriminate in the rental of such a dwelling unit based on an individual's criminal record or immigration status. ``(v) Anti-discrimination.--A public housing agency receiving assistance made available pursuant to this subsection shall not refuse to rent a dwelling unit developed with such assistance or otherwise discriminate in the rental of such a dwelling unit because of the sexual orientation or gender identity of any person. ``(vii) Supportive services.--A public housing agency receiving assistance made available pursuant to this subsection shall develop a supportive services plan to ensure that residents have access to free, voluntary programs that address the needs of people experiencing chronic homelessness and housing instability. Services provided should include assistance with accessing healthcare, employment, education, childcare, financial literacy and other community-based supportive services.''. 4. CONSTRUCTION OF PRIVATE MARKET AFFORDABLE HOUSING. 4568), which amounts shall be available only for assistance for production of new dwelling units that comply with the requirements of such section 1338 and this section. (c) Use.--Notwithstanding any provision of the United States Housing Act of 1937 (42 U.S.C. 1437 et seq. ), all units developed using amounts made available pursuant to this section shall remain affordable housing units for the entire useful life of such dwelling units. Standards should ensure that such units should be integrated with public transit and vehicle alternatives such as walking and biking and should accommodate differences between a transit hub in a town or reservation compared with a large city. (h) Affirmatively Furthering Fair Housing.--A public housing agency receiving assistance made available pursuant to this section shall comply with the final rule entitled ``Affirmatively Furthering Fair Housing'' (80 Fed. Reg. 42272 (July 16, 2015)). SEC. 5. (a) Establishment.--The Secretary of Housing and Urban Development shall establish a program to be known as the ``Community Control and Anti-Displacement Fund'' to provide grants to local governments for the purposes of combating gentrification and neighborhood destabilization. (b) Priority.--The Secretary shall prioritize awards to local governments that propose projects or programs that encourage alternative ownership housing models that give renters agency over how the housing is operated and that protect housing affordability. (c) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Housing and Urban Development $200,000,000,000 for fiscal years 2022 through 2032 to carry out this section.

To establish new units of public housing and private market affordable housing, to provide grants to combat gentrification and neighborhood destabilization, and for other purposes. The Congress finds that-- (1) Every State and large metropolitan area in the United States is facing a shortage of affordable housing options for people who are very or extremely low-income. ( 3) The current affordable housing shortage facing the United States cannot be addressed solely by the private market, necessitating significant Federal intervention and investment. ( 1437g(g)) is amended by striking paragraph (3) (relating to limitation on new construction). ( ``(3) Permanent appropriations.--For fiscal year 2022 and each fiscal year thereafter, there is appropriated-- ``(A) for the Capital Fund, an amount equivalent to the aggregate of the amounts to which each public housing agency is entitled under paragraph (2)(A); and ``(B) for the Operating Fund, an amount equivalent to the aggregate of the amounts to which each public housing agency is entitled under paragraph (2)(B).''. ( 1437f) is amended by adding at the end the following new subsection: ``(ee) Homes for All.-- ``(1) In general.--There shall be appropriated $80,000,000,000 for each of fiscal years 2022 through 2032 for annual contribution contracts for assistance under section 5(a)(2) to cover the development costs for new public housing dwelling units that meet the requirements of this subsection. ``(ii) Location and accessibility.--Such units shall be located in a manner that complies with such standards as the Secretary, in conjunction with the Secretary of the Department of Transportation, shall establish to ensure proper integration of housing and public transit and ensure that residents of such units have access to sufficient transportation options. Standards should ensure that such units should be integrated with public transit and vehicle alternatives such as walking and biking and should accommodate differences between a transit hub in a town or reservation compared with a large city. ``(iv) Tenancy restrictions.--A public housing agency receiving assistance made available pursuant to this subsection shall not refuse to rent a dwelling unit developed with such assistance or otherwise discriminate in the rental of such a dwelling unit based on an individual's criminal record or immigration status. ``(vii) Supportive services.--A public housing agency receiving assistance made available pursuant to this subsection shall develop a supportive services plan to ensure that residents have access to free, voluntary programs that address the needs of people experiencing chronic homelessness and housing instability. b) Authorization of Appropriations.--There is authorized to be appropriated $20,000,000,000 for each of fiscal years 2022 through 2032 for crediting to the Housing Trust Fund under section 1338 of the Housing and Community Development Act of 1992 (12 U.S.C. 4568), which amounts shall be available only for assistance for production of new dwelling units that comply with the requirements of such section 1338 and this section. ( (d) Location and Accessibility.--All dwelling units developed using amounts made available pursuant to this section shall be located in a manner that complies with such standards as the Secretary of Housing and Urban Development (in this subsection referred to as the ``Secretary''), in conjunction with the Secretary of the Department of Transportation, shall establish to ensure proper integration of housing and public transit and ensure that residents of such units have access to sufficient transportation options. e) Environmental Standards.--All dwelling units developed using amounts made available pursuant to this section shall comply with such standards as the Secretary shall establish to ensure units are designed, built, and operated according to the highest possible environmental standard, with a focus on minimizing energy costs and achieving carbon neutrality. ( (g) Anti-Discrimination.--A public housing agency receiving assistance made available pursuant to this section shall not refuse to rent a dwelling unit developed with such assistance or otherwise discriminate in the rental of such a dwelling unit because of the sexual orientation or gender identity of any person. ( b) Priority.--The Secretary shall prioritize awards to local governments that propose projects or programs that encourage alternative ownership housing models that give renters agency over how the housing is operated and that protect housing affordability. (c) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Housing and Urban Development $200,000,000,000 for fiscal years 2022 through 2032 to carry out this section.

To establish new units of public housing and private market affordable housing, to provide grants to combat gentrification and neighborhood destabilization, and for other purposes. 3) The current affordable housing shortage facing the United States cannot be addressed solely by the private market, necessitating significant Federal intervention and investment. ( b) Repeal of Faircloth Amendment.--Section 9(g) of the United States Housing Act of 1937 (42 U.S.C. 1437g(g)) is amended by striking paragraph (3) (relating to limitation on new construction). ( ``(B) Operating fund.--From the Operating Fund under subsection (e), such amount as may be necessary to fully fund the operating needs of the agency for such fiscal year, as determined in accordance with such subsection. d) Homes for All New Construction Program.-- (1) Authorization of appropriations.--Section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) is amended by adding at the end the following new subsection: ``(ee) Homes for All.-- ``(1) In general.--There shall be appropriated $80,000,000,000 for each of fiscal years 2022 through 2032 for annual contribution contracts for assistance under section 5(a)(2) to cover the development costs for new public housing dwelling units that meet the requirements of this subsection. Standards should ensure that such units should be integrated with public transit and vehicle alternatives such as walking and biking and should accommodate differences between a transit hub in a town or reservation compared with a large city. ``(iv) Tenancy restrictions.--A public housing agency receiving assistance made available pursuant to this subsection shall not refuse to rent a dwelling unit developed with such assistance or otherwise discriminate in the rental of such a dwelling unit based on an individual's criminal record or immigration status. a) Purpose.--It is the purpose of this section to fund the construction of 2,500,000 private market affordable housing dwelling units over 10 years. ( 4568), which amounts shall be available only for assistance for production of new dwelling units that comply with the requirements of such section 1338 and this section. ( e) Environmental Standards.--All dwelling units developed using amounts made available pursuant to this section shall comply with such standards as the Secretary shall establish to ensure units are designed, built, and operated according to the highest possible environmental standard, with a focus on minimizing energy costs and achieving carbon neutrality. ( (i) Supportive Services.--A public housing agency receiving assistance made available pursuant to this section shall develop a supportive services plan to ensure that residents have access to free, voluntary programs that address the needs of people experiencing chronic homelessness and housing instability. b) Priority.--The Secretary shall prioritize awards to local governments that propose projects or programs that encourage alternative ownership housing models that give renters agency over how the housing is operated and that protect housing affordability. (

To establish new units of public housing and private market affordable housing, to provide grants to combat gentrification and neighborhood destabilization, and for other purposes. 3) The current affordable housing shortage facing the United States cannot be addressed solely by the private market, necessitating significant Federal intervention and investment. ( b) Repeal of Faircloth Amendment.--Section 9(g) of the United States Housing Act of 1937 (42 U.S.C. 1437g(g)) is amended by striking paragraph (3) (relating to limitation on new construction). ( ``(B) Operating fund.--From the Operating Fund under subsection (e), such amount as may be necessary to fully fund the operating needs of the agency for such fiscal year, as determined in accordance with such subsection. d) Homes for All New Construction Program.-- (1) Authorization of appropriations.--Section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) is amended by adding at the end the following new subsection: ``(ee) Homes for All.-- ``(1) In general.--There shall be appropriated $80,000,000,000 for each of fiscal years 2022 through 2032 for annual contribution contracts for assistance under section 5(a)(2) to cover the development costs for new public housing dwelling units that meet the requirements of this subsection. Standards should ensure that such units should be integrated with public transit and vehicle alternatives such as walking and biking and should accommodate differences between a transit hub in a town or reservation compared with a large city. ``(iv) Tenancy restrictions.--A public housing agency receiving assistance made available pursuant to this subsection shall not refuse to rent a dwelling unit developed with such assistance or otherwise discriminate in the rental of such a dwelling unit based on an individual's criminal record or immigration status. a) Purpose.--It is the purpose of this section to fund the construction of 2,500,000 private market affordable housing dwelling units over 10 years. ( 4568), which amounts shall be available only for assistance for production of new dwelling units that comply with the requirements of such section 1338 and this section. ( e) Environmental Standards.--All dwelling units developed using amounts made available pursuant to this section shall comply with such standards as the Secretary shall establish to ensure units are designed, built, and operated according to the highest possible environmental standard, with a focus on minimizing energy costs and achieving carbon neutrality. ( (i) Supportive Services.--A public housing agency receiving assistance made available pursuant to this section shall develop a supportive services plan to ensure that residents have access to free, voluntary programs that address the needs of people experiencing chronic homelessness and housing instability. b) Priority.--The Secretary shall prioritize awards to local governments that propose projects or programs that encourage alternative ownership housing models that give renters agency over how the housing is operated and that protect housing affordability. (

To establish new units of public housing and private market affordable housing, to provide grants to combat gentrification and neighborhood destabilization, and for other purposes. The Congress finds that-- (1) Every State and large metropolitan area in the United States is facing a shortage of affordable housing options for people who are very or extremely low-income. ( 3) The current affordable housing shortage facing the United States cannot be addressed solely by the private market, necessitating significant Federal intervention and investment. ( 1437g(g)) is amended by striking paragraph (3) (relating to limitation on new construction). ( ``(3) Permanent appropriations.--For fiscal year 2022 and each fiscal year thereafter, there is appropriated-- ``(A) for the Capital Fund, an amount equivalent to the aggregate of the amounts to which each public housing agency is entitled under paragraph (2)(A); and ``(B) for the Operating Fund, an amount equivalent to the aggregate of the amounts to which each public housing agency is entitled under paragraph (2)(B).''. ( 1437f) is amended by adding at the end the following new subsection: ``(ee) Homes for All.-- ``(1) In general.--There shall be appropriated $80,000,000,000 for each of fiscal years 2022 through 2032 for annual contribution contracts for assistance under section 5(a)(2) to cover the development costs for new public housing dwelling units that meet the requirements of this subsection. ``(ii) Location and accessibility.--Such units shall be located in a manner that complies with such standards as the Secretary, in conjunction with the Secretary of the Department of Transportation, shall establish to ensure proper integration of housing and public transit and ensure that residents of such units have access to sufficient transportation options. Standards should ensure that such units should be integrated with public transit and vehicle alternatives such as walking and biking and should accommodate differences between a transit hub in a town or reservation compared with a large city. ``(iv) Tenancy restrictions.--A public housing agency receiving assistance made available pursuant to this subsection shall not refuse to rent a dwelling unit developed with such assistance or otherwise discriminate in the rental of such a dwelling unit based on an individual's criminal record or immigration status. ``(vii) Supportive services.--A public housing agency receiving assistance made available pursuant to this subsection shall develop a supportive services plan to ensure that residents have access to free, voluntary programs that address the needs of people experiencing chronic homelessness and housing instability. b) Authorization of Appropriations.--There is authorized to be appropriated $20,000,000,000 for each of fiscal years 2022 through 2032 for crediting to the Housing Trust Fund under section 1338 of the Housing and Community Development Act of 1992 (12 U.S.C. 4568), which amounts shall be available only for assistance for production of new dwelling units that comply with the requirements of such section 1338 and this section. ( (d) Location and Accessibility.--All dwelling units developed using amounts made available pursuant to this section shall be located in a manner that complies with such standards as the Secretary of Housing and Urban Development (in this subsection referred to as the ``Secretary''), in conjunction with the Secretary of the Department of Transportation, shall establish to ensure proper integration of housing and public transit and ensure that residents of such units have access to sufficient transportation options. e) Environmental Standards.--All dwelling units developed using amounts made available pursuant to this section shall comply with such standards as the Secretary shall establish to ensure units are designed, built, and operated according to the highest possible environmental standard, with a focus on minimizing energy costs and achieving carbon neutrality. ( (g) Anti-Discrimination.--A public housing agency receiving assistance made available pursuant to this section shall not refuse to rent a dwelling unit developed with such assistance or otherwise discriminate in the rental of such a dwelling unit because of the sexual orientation or gender identity of any person. ( b) Priority.--The Secretary shall prioritize awards to local governments that propose projects or programs that encourage alternative ownership housing models that give renters agency over how the housing is operated and that protect housing affordability. (c) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Housing and Urban Development $200,000,000,000 for fiscal years 2022 through 2032 to carry out this section.

To establish new units of public housing and private market affordable housing, to provide grants to combat gentrification and neighborhood destabilization, and for other purposes. 3) The current affordable housing shortage facing the United States cannot be addressed solely by the private market, necessitating significant Federal intervention and investment. ( b) Repeal of Faircloth Amendment.--Section 9(g) of the United States Housing Act of 1937 (42 U.S.C. 1437g(g)) is amended by striking paragraph (3) (relating to limitation on new construction). ( ``(B) Operating fund.--From the Operating Fund under subsection (e), such amount as may be necessary to fully fund the operating needs of the agency for such fiscal year, as determined in accordance with such subsection. d) Homes for All New Construction Program.-- (1) Authorization of appropriations.--Section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) is amended by adding at the end the following new subsection: ``(ee) Homes for All.-- ``(1) In general.--There shall be appropriated $80,000,000,000 for each of fiscal years 2022 through 2032 for annual contribution contracts for assistance under section 5(a)(2) to cover the development costs for new public housing dwelling units that meet the requirements of this subsection. Standards should ensure that such units should be integrated with public transit and vehicle alternatives such as walking and biking and should accommodate differences between a transit hub in a town or reservation compared with a large city. ``(iv) Tenancy restrictions.--A public housing agency receiving assistance made available pursuant to this subsection shall not refuse to rent a dwelling unit developed with such assistance or otherwise discriminate in the rental of such a dwelling unit based on an individual's criminal record or immigration status. a) Purpose.--It is the purpose of this section to fund the construction of 2,500,000 private market affordable housing dwelling units over 10 years. ( 4568), which amounts shall be available only for assistance for production of new dwelling units that comply with the requirements of such section 1338 and this section. ( e) Environmental Standards.--All dwelling units developed using amounts made available pursuant to this section shall comply with such standards as the Secretary shall establish to ensure units are designed, built, and operated according to the highest possible environmental standard, with a focus on minimizing energy costs and achieving carbon neutrality. ( (i) Supportive Services.--A public housing agency receiving assistance made available pursuant to this section shall develop a supportive services plan to ensure that residents have access to free, voluntary programs that address the needs of people experiencing chronic homelessness and housing instability. b) Priority.--The Secretary shall prioritize awards to local governments that propose projects or programs that encourage alternative ownership housing models that give renters agency over how the housing is operated and that protect housing affordability. (

To establish new units of public housing and private market affordable housing, to provide grants to combat gentrification and neighborhood destabilization, and for other purposes. The Congress finds that-- (1) Every State and large metropolitan area in the United States is facing a shortage of affordable housing options for people who are very or extremely low-income. ( 3) The current affordable housing shortage facing the United States cannot be addressed solely by the private market, necessitating significant Federal intervention and investment. ( 1437g(g)) is amended by striking paragraph (3) (relating to limitation on new construction). ( ``(3) Permanent appropriations.--For fiscal year 2022 and each fiscal year thereafter, there is appropriated-- ``(A) for the Capital Fund, an amount equivalent to the aggregate of the amounts to which each public housing agency is entitled under paragraph (2)(A); and ``(B) for the Operating Fund, an amount equivalent to the aggregate of the amounts to which each public housing agency is entitled under paragraph (2)(B).''. ( 1437f) is amended by adding at the end the following new subsection: ``(ee) Homes for All.-- ``(1) In general.--There shall be appropriated $80,000,000,000 for each of fiscal years 2022 through 2032 for annual contribution contracts for assistance under section 5(a)(2) to cover the development costs for new public housing dwelling units that meet the requirements of this subsection. ``(ii) Location and accessibility.--Such units shall be located in a manner that complies with such standards as the Secretary, in conjunction with the Secretary of the Department of Transportation, shall establish to ensure proper integration of housing and public transit and ensure that residents of such units have access to sufficient transportation options. Standards should ensure that such units should be integrated with public transit and vehicle alternatives such as walking and biking and should accommodate differences between a transit hub in a town or reservation compared with a large city. ``(iv) Tenancy restrictions.--A public housing agency receiving assistance made available pursuant to this subsection shall not refuse to rent a dwelling unit developed with such assistance or otherwise discriminate in the rental of such a dwelling unit based on an individual's criminal record or immigration status. ``(vii) Supportive services.--A public housing agency receiving assistance made available pursuant to this subsection shall develop a supportive services plan to ensure that residents have access to free, voluntary programs that address the needs of people experiencing chronic homelessness and housing instability. b) Authorization of Appropriations.--There is authorized to be appropriated $20,000,000,000 for each of fiscal years 2022 through 2032 for crediting to the Housing Trust Fund under section 1338 of the Housing and Community Development Act of 1992 (12 U.S.C. 4568), which amounts shall be available only for assistance for production of new dwelling units that comply with the requirements of such section 1338 and this section. ( (d) Location and Accessibility.--All dwelling units developed using amounts made available pursuant to this section shall be located in a manner that complies with such standards as the Secretary of Housing and Urban Development (in this subsection referred to as the ``Secretary''), in conjunction with the Secretary of the Department of Transportation, shall establish to ensure proper integration of housing and public transit and ensure that residents of such units have access to sufficient transportation options. e) Environmental Standards.--All dwelling units developed using amounts made available pursuant to this section shall comply with such standards as the Secretary shall establish to ensure units are designed, built, and operated according to the highest possible environmental standard, with a focus on minimizing energy costs and achieving carbon neutrality. ( (g) Anti-Discrimination.--A public housing agency receiving assistance made available pursuant to this section shall not refuse to rent a dwelling unit developed with such assistance or otherwise discriminate in the rental of such a dwelling unit because of the sexual orientation or gender identity of any person. ( b) Priority.--The Secretary shall prioritize awards to local governments that propose projects or programs that encourage alternative ownership housing models that give renters agency over how the housing is operated and that protect housing affordability. (c) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Housing and Urban Development $200,000,000,000 for fiscal years 2022 through 2032 to carry out this section.

To establish new units of public housing and private market affordable housing, to provide grants to combat gentrification and neighborhood destabilization, and for other purposes. 3) The current affordable housing shortage facing the United States cannot be addressed solely by the private market, necessitating significant Federal intervention and investment. ( b) Repeal of Faircloth Amendment.--Section 9(g) of the United States Housing Act of 1937 (42 U.S.C. 1437g(g)) is amended by striking paragraph (3) (relating to limitation on new construction). ( ``(B) Operating fund.--From the Operating Fund under subsection (e), such amount as may be necessary to fully fund the operating needs of the agency for such fiscal year, as determined in accordance with such subsection. d) Homes for All New Construction Program.-- (1) Authorization of appropriations.--Section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) is amended by adding at the end the following new subsection: ``(ee) Homes for All.-- ``(1) In general.--There shall be appropriated $80,000,000,000 for each of fiscal years 2022 through 2032 for annual contribution contracts for assistance under section 5(a)(2) to cover the development costs for new public housing dwelling units that meet the requirements of this subsection. Standards should ensure that such units should be integrated with public transit and vehicle alternatives such as walking and biking and should accommodate differences between a transit hub in a town or reservation compared with a large city. ``(iv) Tenancy restrictions.--A public housing agency receiving assistance made available pursuant to this subsection shall not refuse to rent a dwelling unit developed with such assistance or otherwise discriminate in the rental of such a dwelling unit based on an individual's criminal record or immigration status. a) Purpose.--It is the purpose of this section to fund the construction of 2,500,000 private market affordable housing dwelling units over 10 years. ( 4568), which amounts shall be available only for assistance for production of new dwelling units that comply with the requirements of such section 1338 and this section. ( e) Environmental Standards.--All dwelling units developed using amounts made available pursuant to this section shall comply with such standards as the Secretary shall establish to ensure units are designed, built, and operated according to the highest possible environmental standard, with a focus on minimizing energy costs and achieving carbon neutrality. ( (i) Supportive Services.--A public housing agency receiving assistance made available pursuant to this section shall develop a supportive services plan to ensure that residents have access to free, voluntary programs that address the needs of people experiencing chronic homelessness and housing instability. b) Priority.--The Secretary shall prioritize awards to local governments that propose projects or programs that encourage alternative ownership housing models that give renters agency over how the housing is operated and that protect housing affordability. (

To establish new units of public housing and private market affordable housing, to provide grants to combat gentrification and neighborhood destabilization, and for other purposes. 1437f) is amended by adding at the end the following new subsection: ``(ee) Homes for All.-- ``(1) In general.--There shall be appropriated $80,000,000,000 for each of fiscal years 2022 through 2032 for annual contribution contracts for assistance under section 5(a)(2) to cover the development costs for new public housing dwelling units that meet the requirements of this subsection. ``(ii) Location and accessibility.--Such units shall be located in a manner that complies with such standards as the Secretary, in conjunction with the Secretary of the Department of Transportation, shall establish to ensure proper integration of housing and public transit and ensure that residents of such units have access to sufficient transportation options. ``(vii) Supportive services.--A public housing agency receiving assistance made available pursuant to this subsection shall develop a supportive services plan to ensure that residents have access to free, voluntary programs that address the needs of people experiencing chronic homelessness and housing instability. 4568), which amounts shall be available only for assistance for production of new dwelling units that comply with the requirements of such section 1338 and this section. ( ( d) Location and Accessibility.--All dwelling units developed using amounts made available pursuant to this section shall be located in a manner that complies with such standards as the Secretary of Housing and Urban Development (in this subsection referred to as the ``Secretary''), in conjunction with the Secretary of the Department of Transportation, shall establish to ensure proper integration of housing and public transit and ensure that residents of such units have access to sufficient transportation options. (c) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Housing and Urban Development $200,000,000,000 for fiscal years 2022 through 2032 to carry out this section.

To establish new units of public housing and private market affordable housing, to provide grants to combat gentrification and neighborhood destabilization, and for other purposes. d) Homes for All New Construction Program.-- (1) Authorization of appropriations.--Section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) is amended by adding at the end the following new subsection: ``(ee) Homes for All.-- ``(1) In general.--There shall be appropriated $80,000,000,000 for each of fiscal years 2022 through 2032 for annual contribution contracts for assistance under section 5(a)(2) to cover the development costs for new public housing dwelling units that meet the requirements of this subsection. ( e) Environmental Standards.--All dwelling units developed using amounts made available pursuant to this section shall comply with such standards as the Secretary shall establish to ensure units are designed, built, and operated according to the highest possible environmental standard, with a focus on minimizing energy costs and achieving carbon neutrality. ( ( i) Supportive Services.--A public housing agency receiving assistance made available pursuant to this section shall develop a supportive services plan to ensure that residents have access to free, voluntary programs that address the needs of people experiencing chronic homelessness and housing instability.

To establish new units of public housing and private market affordable housing, to provide grants to combat gentrification and neighborhood destabilization, and for other purposes. 1437f) is amended by adding at the end the following new subsection: ``(ee) Homes for All.-- ``(1) In general.--There shall be appropriated $80,000,000,000 for each of fiscal years 2022 through 2032 for annual contribution contracts for assistance under section 5(a)(2) to cover the development costs for new public housing dwelling units that meet the requirements of this subsection. ``(ii) Location and accessibility.--Such units shall be located in a manner that complies with such standards as the Secretary, in conjunction with the Secretary of the Department of Transportation, shall establish to ensure proper integration of housing and public transit and ensure that residents of such units have access to sufficient transportation options. ``(vii) Supportive services.--A public housing agency receiving assistance made available pursuant to this subsection shall develop a supportive services plan to ensure that residents have access to free, voluntary programs that address the needs of people experiencing chronic homelessness and housing instability. 4568), which amounts shall be available only for assistance for production of new dwelling units that comply with the requirements of such section 1338 and this section. ( ( d) Location and Accessibility.--All dwelling units developed using amounts made available pursuant to this section shall be located in a manner that complies with such standards as the Secretary of Housing and Urban Development (in this subsection referred to as the ``Secretary''), in conjunction with the Secretary of the Department of Transportation, shall establish to ensure proper integration of housing and public transit and ensure that residents of such units have access to sufficient transportation options. (c) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Housing and Urban Development $200,000,000,000 for fiscal years 2022 through 2032 to carry out this section.

Homes for All Act of 2021 - Amends the United States Housing Act of 1937 to: (1) repeal the Faircloth Amendment (relating to limitation on new construction); (2) provide for full funding of public housing operating and capital expenses under Mandatory Spending; and (3) establish a Homes for All New Construction Program. (Sec. 3) Directs the Secretary Authorizes appropriations for FY2022-FY32 to fund the construction of 2,500,000 private market affordable housing dwelling units over 10 years. (Sec. 5) Requires all dwelling units developed using amounts made available pursuant to this Act to remain affordable housing units for the entire useful life of such dwelling units. Requires a public housing agency receiving such assistance to: (1) develop

H.R.3360

Animals

Sustainable Shark Fisheries and Trade Act of 2021 This bill revises provisions regarding shark conservation and fishery management. The bill requires any country that seeks to import shark products into the United States to obtain a certification from the Department of Commerce that the country has a regulatory program in effect to provide for the conservation and management of sharks, including measures to prohibit the removal of any of the fins of a shark (including the tail). Commerce must revise its regulations to include rays and skates as species that are subject to the Seafood Traceability Program. The Seafood Traceability Program has data reporting and recordkeeping requirements at the time of entry for imported fish or fish products entered into U.S. commerce.

To amend and enhance the High Seas Driftnet Fishing Moratorium Protection Act to improve the conservation of sharks. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Sustainable Shark Fisheries and Trade Act of 2021''. SEC. 2. SHARK CONSERVATION AND TRADE FAIRNESS CERTIFICATION. Section 610 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826k) is amended-- (1) in subsection (a)-- (A) in paragraph (1), by striking ``and'' after the semicolon at the end; (B) in paragraph (2), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(3) a nation if-- ``(A) that nation or any individual or entity of that nation has imported shark products into the United States or seeks to import shark products into the United States; and ``(B) the nation has not sought and obtained, by not later than the effective date of subsection (g)(1), a certification from the Secretary under that subsection that the nation has in effect 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) and discarding the carcass of the shark at sea, that is comparable to that of the United States.''; (2) in subsection (b), in paragraphs (2) and (3), by striking ``subsection (a)'' each place it appears and inserting ``subsection (a)(1)''; (3) in subsection (c)-- (A) in paragraph (1), by striking ``subsection (a)'' and inserting ``subsection (a)(1)''; and (B) by adding at the end the following: ``(6) Applicability to certain countries.--This subsection does not apply to a nation identified under subsection (a)(3).''; (4) in subsection (d)-- (A) in paragraph (1), by inserting ``or (g)'' after ``under subsection (c)''; and (B) in paragraph (3), by inserting ``or (g)'' after ``under subsection (c)''; and (5) by adding at the end the following: ``(g) Shark Conservation and Trade Fairness Certification.-- ``(1) Prohibition on importation.-- ``(A) In general.--Except as provided in subparagraph (B), shark products shall not be imported into the United States unless the shark products are of a species of shark that were landed in a nation to which the Secretary has granted a certification or partial certification for such species under paragraph (2). ``(B) Exceptions.--Subparagraph (A) shall not apply to shark products that are-- ``(i) traded, owned, held, or otherwise possessed by an employee or agent of a governmental agency for law enforcement purposes; ``(ii) used for noncommercial subsistence purposes in accordance with Federal, State, Tribal, or territorial law; ``(iii) used solely for display, education, conservation, or research purposes, by an accredited zoo, aquarium, museum, college, or university; or ``(iv) used by any other person under a State or Federal permit to conduct non- commercial scientific research. ``(2) Certifications.--Pursuant to the regulations promulgated under paragraphs (3) and (5), the Secretary-- ``(A) shall grant a certification to any nation that has adopted and effectively enforces regulatory programs to provide for the conservation and management of sharks, and measures to prohibit shark finning, that are comparable to those of the United States; and ``(B) may grant a partial certification for one or more specific species of shark to a nation if the Secretary determines that such nation-- ``(i) has adopted and effectively enforces regulatory programs that are comparable to the regulatory programs of the United States to provide for the conservation and management of such species imported into the United States or used to produce the shark products imported into the United States; and ``(ii) has in effect an effective ban on shark finning, that is comparable to that of the United States. ``(3) Expiration; renewal.--A certification or partial certification issued under this subsection-- ``(A) shall be effective for no more than three years after the date of issuance; and ``(B) may be renewed in accordance with the provisions of this subsection relating to the initial issuance of the certification. ``(4) Certain determinations.--The Secretary shall make a determination with respect to whether to renew under paragraph (3) or revoke pursuant to paragraph (5)(A)(ii) a certification or partial certification issued under this subsection, by not later than 180 days after the submission of the application for renewal or the petition for revocation, respectively. ``(5) Regulations.-- ``(A) In general.--Not later than 2 years after the date of the enactment of the Sustainable Shark Fisheries and Trade Act of 2021, the Secretary shall prescribe regulations under chapter 5 of title 5, United States Code, governing the submission, evaluation, revocation, and renewal of applications for certifications and partial certifications under paragraph (2). ``(B) Content of regulations.--Such regulations shall-- ``(i) prescribe the content and format of applications and standards for information to be provided in such applications; and ``(ii) establish a process for petitioning the Secretary for revocation of the certification or partial certification of any nation, including standards for the information required to be provided to demonstrate that the nation no longer meets the criteria established under this paragraph for the certification. ``(C) Criteria for certification or partial certification.--The regulations promulgated under subparagraph (A) shall establish criteria for determining whether a nation has and effectively enforces regulatory programs for the conservation and management of sharks, and measures to prohibit shark finning, that are comparable to those of the United States, including, at a minimum, a requirement that such programs-- ``(i) be consistent with the national standards for fishery conservation and management set forth in section 301(a) of the Magnuson-Stevens Conservation and Management Act (16 U.S.C. 1851(a)); ``(ii) provide for regularly updated management plans, scientifically established catch limits, and bycatch assessments and minimization; ``(iii) include a program to prevent overfishing and to rebuild overfished stocks; ``(iv) require reporting and data collection; ``(v) be consistent with the International Plan of Action for Conservation and Management of Sharks of the United Nations Food and Agriculture Organization; and ``(vi) include a mechanism to ensure that, if the nation allows landings of sharks by foreign vessels that are not subject to such programs of such nation, only shark products that comply with such programs are exported to the United States. ``(6) Publication; public comment.--The Secretary shall-- ``(A) publish in the Federal Register notice of applications, petitions, and decisions with respect to certifications, renewal of certifications, or revocation of certifications under this subsection; and ``(B) provide an opportunity for public comment with respect to such applications, petitions, and decisions. ``(7) Final agency action.--A decision of the Secretary with respect to the issuance, renewal, or revocation of a certification or partial certification under this subsection, and a failure to make a determination required under paragraph (4), shall be considered a final agency action for the purposes of chapter 7 of title 5, United States Code. ``(8) Effective date.--Paragraph (1) shall take effect on the earlier of-- ``(A) the date on which regulations are issued under paragraph (5); or ``(B) the date that is 3 years after the date of the date of the enactment of the Sustainable Shark Fisheries and Trade Act of 2021. ``(9) Definitions.--In this subsection: ``(A) Shark.--The term `shark' means any species of the subclass Elasmobranchii. ``(B) Shark product.--The term `shark product' means a live shark; a whole shark; the meat, skin, oil, fin (including a wing or tail), gill raker, cartilage, jaw, tooth, or liver of a shark; or any product containing meat, skin, oil, a fin (including a wing or tail), gill raker, cartilage, jaw, tooth, or liver derived from a shark. ``(C) Shark finning.--The term `shark finning' means the removal of a shark's fins, including the tail, and discarding the remaining carcass of the shark at sea.''. SEC. 3. ACTIONS TO STRENGTHEN INTERNATIONAL FISHERY MANAGEMENT ORGANIZATIONS. Section 608(a) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826i(a)) is amended-- (1) in paragraph (1), by striking subparagraph (F), and inserting the following: ``(F) to adopt shark conservation and management measures and measures to prevent shark finning, which are consistent with the International Plan of Action for Conservation and Management of Sharks of the Food and Agriculture Organization of the United Nations;''; and (2) by striking paragraph (3), and inserting the following: ``(3) seeking to enter into international agreement that require measures for the conservation and management of sharks and measures to prevent shark finning, which are consistent with the International Plan of Action for Conservation and Management of Sharks of the Food and Agriculture Organization of the United Nations; and''. SEC. 4. INCLUSION OF RAYS AND SKATES IN SEAFOOD TRACEABILITY PROGRAM. Not later than one year after the date of the enactment of this Act, the Secretary of Commerce shall revise section 300.324 of title 50, Code of Federal Regulations, to include rays and skates in the species and species groups specified in subsection (a)(2) of that section. SEC. 5. RULE OF CONSTRUCTION. Nothing in this Act shall be construed to preempt any Federal or State law establishing additional or more stringent requirements than the requirements of subsection (g) of section 610 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826k), as added by section 3. SEC. 6. FUNDING. There are authorized to be appropriated to the Secretary of Commerce to carry out this Act, and the amendments made by this Act-- (1) $325,000 for fiscal year 2022; (2) $325,000 for fiscal year 2023; (3) $400,000 for each of fiscal years 2024, 2025, and 2026; and (4) $250,000 for fiscal year 2027. <all>

Sustainable Shark Fisheries and Trade Act of 2021

To amend and enhance the High Seas Driftnet Fishing Moratorium Protection Act to improve the conservation of sharks.

Sustainable Shark Fisheries and Trade Act of 2021

Rep. Webster, Daniel

R

FL

This bill revises provisions regarding shark conservation and fishery management. The bill requires any country that seeks to import shark products into the United States to obtain a certification from the Department of Commerce that the country has a regulatory program in effect to provide for the conservation and management of sharks, including measures to prohibit the removal of any of the fins of a shark (including the tail). Commerce must revise its regulations to include rays and skates as species that are subject to the Seafood Traceability Program. The Seafood Traceability Program has data reporting and recordkeeping requirements at the time of entry for imported fish or fish products entered into U.S. commerce.

SHORT TITLE. 2. SHARK CONSERVATION AND TRADE FAIRNESS CERTIFICATION. Section 610 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. ''; (2) in subsection (b), in paragraphs (2) and (3), by striking ``subsection (a)'' each place it appears and inserting ``subsection (a)(1)''; (3) in subsection (c)-- (A) in paragraph (1), by striking ``subsection (a)'' and inserting ``subsection (a)(1)''; and (B) by adding at the end the following: ``(6) Applicability to certain countries.--This subsection does not apply to a nation identified under subsection (a)(3). ``(2) Certifications.--Pursuant to the regulations promulgated under paragraphs (3) and (5), the Secretary-- ``(A) shall grant a certification to any nation that has adopted and effectively enforces regulatory programs to provide for the conservation and management of sharks, and measures to prohibit shark finning, that are comparable to those of the United States; and ``(B) may grant a partial certification for one or more specific species of shark to a nation if the Secretary determines that such nation-- ``(i) has adopted and effectively enforces regulatory programs that are comparable to the regulatory programs of the United States to provide for the conservation and management of such species imported into the United States or used to produce the shark products imported into the United States; and ``(ii) has in effect an effective ban on shark finning, that is comparable to that of the United States. ``(6) Publication; public comment.--The Secretary shall-- ``(A) publish in the Federal Register notice of applications, petitions, and decisions with respect to certifications, renewal of certifications, or revocation of certifications under this subsection; and ``(B) provide an opportunity for public comment with respect to such applications, petitions, and decisions. ``(8) Effective date.--Paragraph (1) shall take effect on the earlier of-- ``(A) the date on which regulations are issued under paragraph (5); or ``(B) the date that is 3 years after the date of the date of the enactment of the Sustainable Shark Fisheries and Trade Act of 2021. ``(B) Shark product.--The term `shark product' means a live shark; a whole shark; the meat, skin, oil, fin (including a wing or tail), gill raker, cartilage, jaw, tooth, or liver of a shark; or any product containing meat, skin, oil, a fin (including a wing or tail), gill raker, cartilage, jaw, tooth, or liver derived from a shark. 3. ACTIONS TO STRENGTHEN INTERNATIONAL FISHERY MANAGEMENT ORGANIZATIONS. 4. INCLUSION OF RAYS AND SKATES IN SEAFOOD TRACEABILITY PROGRAM. 5. SEC. There are authorized to be appropriated to the Secretary of Commerce to carry out this Act, and the amendments made by this Act-- (1) $325,000 for fiscal year 2022; (2) $325,000 for fiscal year 2023; (3) $400,000 for each of fiscal years 2024, 2025, and 2026; and (4) $250,000 for fiscal year 2027.

SHORT TITLE. 2. SHARK CONSERVATION AND TRADE FAIRNESS CERTIFICATION. Section 610 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. ''; (2) in subsection (b), in paragraphs (2) and (3), by striking ``subsection (a)'' each place it appears and inserting ``subsection (a)(1)''; (3) in subsection (c)-- (A) in paragraph (1), by striking ``subsection (a)'' and inserting ``subsection (a)(1)''; and (B) by adding at the end the following: ``(6) Applicability to certain countries.--This subsection does not apply to a nation identified under subsection (a)(3). ``(2) Certifications.--Pursuant to the regulations promulgated under paragraphs (3) and (5), the Secretary-- ``(A) shall grant a certification to any nation that has adopted and effectively enforces regulatory programs to provide for the conservation and management of sharks, and measures to prohibit shark finning, that are comparable to those of the United States; and ``(B) may grant a partial certification for one or more specific species of shark to a nation if the Secretary determines that such nation-- ``(i) has adopted and effectively enforces regulatory programs that are comparable to the regulatory programs of the United States to provide for the conservation and management of such species imported into the United States or used to produce the shark products imported into the United States; and ``(ii) has in effect an effective ban on shark finning, that is comparable to that of the United States. ``(6) Publication; public comment.--The Secretary shall-- ``(A) publish in the Federal Register notice of applications, petitions, and decisions with respect to certifications, renewal of certifications, or revocation of certifications under this subsection; and ``(B) provide an opportunity for public comment with respect to such applications, petitions, and decisions. ``(8) Effective date.--Paragraph (1) shall take effect on the earlier of-- ``(A) the date on which regulations are issued under paragraph (5); or ``(B) the date that is 3 years after the date of the date of the enactment of the Sustainable Shark Fisheries and Trade Act of 2021. 3. ACTIONS TO STRENGTHEN INTERNATIONAL FISHERY MANAGEMENT ORGANIZATIONS. 4. 5. SEC.

SHORT TITLE. 2. SHARK CONSERVATION AND TRADE FAIRNESS CERTIFICATION. Section 610 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. ''; (2) in subsection (b), in paragraphs (2) and (3), by striking ``subsection (a)'' each place it appears and inserting ``subsection (a)(1)''; (3) in subsection (c)-- (A) in paragraph (1), by striking ``subsection (a)'' and inserting ``subsection (a)(1)''; and (B) by adding at the end the following: ``(6) Applicability to certain countries.--This subsection does not apply to a nation identified under subsection (a)(3). ``(B) Exceptions.--Subparagraph (A) shall not apply to shark products that are-- ``(i) traded, owned, held, or otherwise possessed by an employee or agent of a governmental agency for law enforcement purposes; ``(ii) used for noncommercial subsistence purposes in accordance with Federal, State, Tribal, or territorial law; ``(iii) used solely for display, education, conservation, or research purposes, by an accredited zoo, aquarium, museum, college, or university; or ``(iv) used by any other person under a State or Federal permit to conduct non- commercial scientific research. ``(2) Certifications.--Pursuant to the regulations promulgated under paragraphs (3) and (5), the Secretary-- ``(A) shall grant a certification to any nation that has adopted and effectively enforces regulatory programs to provide for the conservation and management of sharks, and measures to prohibit shark finning, that are comparable to those of the United States; and ``(B) may grant a partial certification for one or more specific species of shark to a nation if the Secretary determines that such nation-- ``(i) has adopted and effectively enforces regulatory programs that are comparable to the regulatory programs of the United States to provide for the conservation and management of such species imported into the United States or used to produce the shark products imported into the United States; and ``(ii) has in effect an effective ban on shark finning, that is comparable to that of the United States. ``(B) Content of regulations.--Such regulations shall-- ``(i) prescribe the content and format of applications and standards for information to be provided in such applications; and ``(ii) establish a process for petitioning the Secretary for revocation of the certification or partial certification of any nation, including standards for the information required to be provided to demonstrate that the nation no longer meets the criteria established under this paragraph for the certification. 1851(a)); ``(ii) provide for regularly updated management plans, scientifically established catch limits, and bycatch assessments and minimization; ``(iii) include a program to prevent overfishing and to rebuild overfished stocks; ``(iv) require reporting and data collection; ``(v) be consistent with the International Plan of Action for Conservation and Management of Sharks of the United Nations Food and Agriculture Organization; and ``(vi) include a mechanism to ensure that, if the nation allows landings of sharks by foreign vessels that are not subject to such programs of such nation, only shark products that comply with such programs are exported to the United States. ``(6) Publication; public comment.--The Secretary shall-- ``(A) publish in the Federal Register notice of applications, petitions, and decisions with respect to certifications, renewal of certifications, or revocation of certifications under this subsection; and ``(B) provide an opportunity for public comment with respect to such applications, petitions, and decisions. ``(8) Effective date.--Paragraph (1) shall take effect on the earlier of-- ``(A) the date on which regulations are issued under paragraph (5); or ``(B) the date that is 3 years after the date of the date of the enactment of the Sustainable Shark Fisheries and Trade Act of 2021. ``(B) Shark product.--The term `shark product' means a live shark; a whole shark; the meat, skin, oil, fin (including a wing or tail), gill raker, cartilage, jaw, tooth, or liver of a shark; or any product containing meat, skin, oil, a fin (including a wing or tail), gill raker, cartilage, jaw, tooth, or liver derived from a shark. 3. ACTIONS TO STRENGTHEN INTERNATIONAL FISHERY MANAGEMENT ORGANIZATIONS. 4. INCLUSION OF RAYS AND SKATES IN SEAFOOD TRACEABILITY PROGRAM. 5. RULE OF CONSTRUCTION. 1826k), as added by section 3. SEC. FUNDING. There are authorized to be appropriated to the Secretary of Commerce to carry out this Act, and the amendments made by this Act-- (1) $325,000 for fiscal year 2022; (2) $325,000 for fiscal year 2023; (3) $400,000 for each of fiscal years 2024, 2025, and 2026; and (4) $250,000 for fiscal year 2027.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. SHARK CONSERVATION AND TRADE FAIRNESS CERTIFICATION. Section 610 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. ''; (2) in subsection (b), in paragraphs (2) and (3), by striking ``subsection (a)'' each place it appears and inserting ``subsection (a)(1)''; (3) in subsection (c)-- (A) in paragraph (1), by striking ``subsection (a)'' and inserting ``subsection (a)(1)''; and (B) by adding at the end the following: ``(6) Applicability to certain countries.--This subsection does not apply to a nation identified under subsection (a)(3). ``(B) Exceptions.--Subparagraph (A) shall not apply to shark products that are-- ``(i) traded, owned, held, or otherwise possessed by an employee or agent of a governmental agency for law enforcement purposes; ``(ii) used for noncommercial subsistence purposes in accordance with Federal, State, Tribal, or territorial law; ``(iii) used solely for display, education, conservation, or research purposes, by an accredited zoo, aquarium, museum, college, or university; or ``(iv) used by any other person under a State or Federal permit to conduct non- commercial scientific research. ``(2) Certifications.--Pursuant to the regulations promulgated under paragraphs (3) and (5), the Secretary-- ``(A) shall grant a certification to any nation that has adopted and effectively enforces regulatory programs to provide for the conservation and management of sharks, and measures to prohibit shark finning, that are comparable to those of the United States; and ``(B) may grant a partial certification for one or more specific species of shark to a nation if the Secretary determines that such nation-- ``(i) has adopted and effectively enforces regulatory programs that are comparable to the regulatory programs of the United States to provide for the conservation and management of such species imported into the United States or used to produce the shark products imported into the United States; and ``(ii) has in effect an effective ban on shark finning, that is comparable to that of the United States. ``(4) Certain determinations.--The Secretary shall make a determination with respect to whether to renew under paragraph (3) or revoke pursuant to paragraph (5)(A)(ii) a certification or partial certification issued under this subsection, by not later than 180 days after the submission of the application for renewal or the petition for revocation, respectively. ``(B) Content of regulations.--Such regulations shall-- ``(i) prescribe the content and format of applications and standards for information to be provided in such applications; and ``(ii) establish a process for petitioning the Secretary for revocation of the certification or partial certification of any nation, including standards for the information required to be provided to demonstrate that the nation no longer meets the criteria established under this paragraph for the certification. 1851(a)); ``(ii) provide for regularly updated management plans, scientifically established catch limits, and bycatch assessments and minimization; ``(iii) include a program to prevent overfishing and to rebuild overfished stocks; ``(iv) require reporting and data collection; ``(v) be consistent with the International Plan of Action for Conservation and Management of Sharks of the United Nations Food and Agriculture Organization; and ``(vi) include a mechanism to ensure that, if the nation allows landings of sharks by foreign vessels that are not subject to such programs of such nation, only shark products that comply with such programs are exported to the United States. ``(6) Publication; public comment.--The Secretary shall-- ``(A) publish in the Federal Register notice of applications, petitions, and decisions with respect to certifications, renewal of certifications, or revocation of certifications under this subsection; and ``(B) provide an opportunity for public comment with respect to such applications, petitions, and decisions. ``(7) Final agency action.--A decision of the Secretary with respect to the issuance, renewal, or revocation of a certification or partial certification under this subsection, and a failure to make a determination required under paragraph (4), shall be considered a final agency action for the purposes of chapter 7 of title 5, United States Code. ``(8) Effective date.--Paragraph (1) shall take effect on the earlier of-- ``(A) the date on which regulations are issued under paragraph (5); or ``(B) the date that is 3 years after the date of the date of the enactment of the Sustainable Shark Fisheries and Trade Act of 2021. ``(9) Definitions.--In this subsection: ``(A) Shark.--The term `shark' means any species of the subclass Elasmobranchii. ``(B) Shark product.--The term `shark product' means a live shark; a whole shark; the meat, skin, oil, fin (including a wing or tail), gill raker, cartilage, jaw, tooth, or liver of a shark; or any product containing meat, skin, oil, a fin (including a wing or tail), gill raker, cartilage, jaw, tooth, or liver derived from a shark. ``(C) Shark finning.--The term `shark finning' means the removal of a shark's fins, including the tail, and discarding the remaining carcass of the shark at sea.''. 3. ACTIONS TO STRENGTHEN INTERNATIONAL FISHERY MANAGEMENT ORGANIZATIONS. 4. INCLUSION OF RAYS AND SKATES IN SEAFOOD TRACEABILITY PROGRAM. 5. RULE OF CONSTRUCTION. Nothing in this Act shall be construed to preempt any Federal or State law establishing additional or more stringent requirements than the requirements of subsection (g) of section 610 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826k), as added by section 3. SEC. FUNDING. There are authorized to be appropriated to the Secretary of Commerce to carry out this Act, and the amendments made by this Act-- (1) $325,000 for fiscal year 2022; (2) $325,000 for fiscal year 2023; (3) $400,000 for each of fiscal years 2024, 2025, and 2026; and (4) $250,000 for fiscal year 2027.

To amend and enhance the High Seas Driftnet Fishing Moratorium Protection Act to improve the conservation of sharks. This Act may be cited as the ``Sustainable Shark Fisheries and Trade Act of 2021''. ''; (2) in subsection (b), in paragraphs (2) and (3), by striking ``subsection (a)'' each place it appears and inserting ``subsection (a)(1)''; (3) in subsection (c)-- (A) in paragraph (1), by striking ``subsection (a)'' and inserting ``subsection (a)(1)''; and (B) by adding at the end the following: ``(6) Applicability to certain countries.--This subsection does not apply to a nation identified under subsection (a)(3). ''; ( ``(B) Exceptions.--Subparagraph (A) shall not apply to shark products that are-- ``(i) traded, owned, held, or otherwise possessed by an employee or agent of a governmental agency for law enforcement purposes; ``(ii) used for noncommercial subsistence purposes in accordance with Federal, State, Tribal, or territorial law; ``(iii) used solely for display, education, conservation, or research purposes, by an accredited zoo, aquarium, museum, college, or university; or ``(iv) used by any other person under a State or Federal permit to conduct non- commercial scientific research. ``(3) Expiration; renewal.--A certification or partial certification issued under this subsection-- ``(A) shall be effective for no more than three years after the date of issuance; and ``(B) may be renewed in accordance with the provisions of this subsection relating to the initial issuance of the certification. ``(4) Certain determinations.--The Secretary shall make a determination with respect to whether to renew under paragraph (3) or revoke pursuant to paragraph (5)(A)(ii) a certification or partial certification issued under this subsection, by not later than 180 days after the submission of the application for renewal or the petition for revocation, respectively. ``(6) Publication; public comment.--The Secretary shall-- ``(A) publish in the Federal Register notice of applications, petitions, and decisions with respect to certifications, renewal of certifications, or revocation of certifications under this subsection; and ``(B) provide an opportunity for public comment with respect to such applications, petitions, and decisions. ``(7) Final agency action.--A decision of the Secretary with respect to the issuance, renewal, or revocation of a certification or partial certification under this subsection, and a failure to make a determination required under paragraph (4), shall be considered a final agency action for the purposes of chapter 7 of title 5, United States Code. ``(8) Effective date.--Paragraph (1) shall take effect on the earlier of-- ``(A) the date on which regulations are issued under paragraph (5); or ``(B) the date that is 3 years after the date of the date of the enactment of the Sustainable Shark Fisheries and Trade Act of 2021. INCLUSION OF RAYS AND SKATES IN SEAFOOD TRACEABILITY PROGRAM. Not later than one year after the date of the enactment of this Act, the Secretary of Commerce shall revise section 300.324 of title 50, Code of Federal Regulations, to include rays and skates in the species and species groups specified in subsection (a)(2) of that section. There are authorized to be appropriated to the Secretary of Commerce to carry out this Act, and the amendments made by this Act-- (1) $325,000 for fiscal year 2022; (2) $325,000 for fiscal year 2023; (3) $400,000 for each of fiscal years 2024, 2025, and 2026; and (4) $250,000 for fiscal year 2027.

To amend and enhance the High Seas Driftnet Fishing Moratorium Protection Act to improve the conservation of sharks. 2) in subsection (b), in paragraphs (2) and (3), by striking ``subsection (a)'' each place it appears and inserting ``subsection (a)(1)''; (3) in subsection (c)-- (A) in paragraph (1), by striking ``subsection (a)'' and inserting ``subsection (a)(1)''; and (B) by adding at the end the following: ``(6) Applicability to certain countries.--This subsection does not apply to a nation identified under subsection (a)(3). ``(B) Exceptions.--Subparagraph (A) shall not apply to shark products that are-- ``(i) traded, owned, held, or otherwise possessed by an employee or agent of a governmental agency for law enforcement purposes; ``(ii) used for noncommercial subsistence purposes in accordance with Federal, State, Tribal, or territorial law; ``(iii) used solely for display, education, conservation, or research purposes, by an accredited zoo, aquarium, museum, college, or university; or ``(iv) used by any other person under a State or Federal permit to conduct non- commercial scientific research. ``(3) Expiration; renewal.--A certification or partial certification issued under this subsection-- ``(A) shall be effective for no more than three years after the date of issuance; and ``(B) may be renewed in accordance with the provisions of this subsection relating to the initial issuance of the certification. ``(5) Regulations.-- ``(A) In general.--Not later than 2 years after the date of the enactment of the Sustainable Shark Fisheries and Trade Act of 2021, the Secretary shall prescribe regulations under chapter 5 of title 5, United States Code, governing the submission, evaluation, revocation, and renewal of applications for certifications and partial certifications under paragraph (2). ``(6) Publication; public comment.--The Secretary shall-- ``(A) publish in the Federal Register notice of applications, petitions, and decisions with respect to certifications, renewal of certifications, or revocation of certifications under this subsection; and ``(B) provide an opportunity for public comment with respect to such applications, petitions, and decisions. ``(8) Effective date.--Paragraph (1) shall take effect on the earlier of-- ``(A) the date on which regulations are issued under paragraph (5); or ``(B) the date that is 3 years after the date of the date of the enactment of the Sustainable Shark Fisheries and Trade Act of 2021. INCLUSION OF RAYS AND SKATES IN SEAFOOD TRACEABILITY PROGRAM. Not later than one year after the date of the enactment of this Act, the Secretary of Commerce shall revise section 300.324 of title 50, Code of Federal Regulations, to include rays and skates in the species and species groups specified in subsection (a)(2) of that section.

To amend and enhance the High Seas Driftnet Fishing Moratorium Protection Act to improve the conservation of sharks. 2) in subsection (b), in paragraphs (2) and (3), by striking ``subsection (a)'' each place it appears and inserting ``subsection (a)(1)''; (3) in subsection (c)-- (A) in paragraph (1), by striking ``subsection (a)'' and inserting ``subsection (a)(1)''; and (B) by adding at the end the following: ``(6) Applicability to certain countries.--This subsection does not apply to a nation identified under subsection (a)(3). ``(B) Exceptions.--Subparagraph (A) shall not apply to shark products that are-- ``(i) traded, owned, held, or otherwise possessed by an employee or agent of a governmental agency for law enforcement purposes; ``(ii) used for noncommercial subsistence purposes in accordance with Federal, State, Tribal, or territorial law; ``(iii) used solely for display, education, conservation, or research purposes, by an accredited zoo, aquarium, museum, college, or university; or ``(iv) used by any other person under a State or Federal permit to conduct non- commercial scientific research. ``(3) Expiration; renewal.--A certification or partial certification issued under this subsection-- ``(A) shall be effective for no more than three years after the date of issuance; and ``(B) may be renewed in accordance with the provisions of this subsection relating to the initial issuance of the certification. ``(5) Regulations.-- ``(A) In general.--Not later than 2 years after the date of the enactment of the Sustainable Shark Fisheries and Trade Act of 2021, the Secretary shall prescribe regulations under chapter 5 of title 5, United States Code, governing the submission, evaluation, revocation, and renewal of applications for certifications and partial certifications under paragraph (2). ``(6) Publication; public comment.--The Secretary shall-- ``(A) publish in the Federal Register notice of applications, petitions, and decisions with respect to certifications, renewal of certifications, or revocation of certifications under this subsection; and ``(B) provide an opportunity for public comment with respect to such applications, petitions, and decisions. ``(8) Effective date.--Paragraph (1) shall take effect on the earlier of-- ``(A) the date on which regulations are issued under paragraph (5); or ``(B) the date that is 3 years after the date of the date of the enactment of the Sustainable Shark Fisheries and Trade Act of 2021. INCLUSION OF RAYS AND SKATES IN SEAFOOD TRACEABILITY PROGRAM. Not later than one year after the date of the enactment of this Act, the Secretary of Commerce shall revise section 300.324 of title 50, Code of Federal Regulations, to include rays and skates in the species and species groups specified in subsection (a)(2) of that section.

To amend and enhance the High Seas Driftnet Fishing Moratorium Protection Act to improve the conservation of sharks. This Act may be cited as the ``Sustainable Shark Fisheries and Trade Act of 2021''. ''; (2) in subsection (b), in paragraphs (2) and (3), by striking ``subsection (a)'' each place it appears and inserting ``subsection (a)(1)''; (3) in subsection (c)-- (A) in paragraph (1), by striking ``subsection (a)'' and inserting ``subsection (a)(1)''; and (B) by adding at the end the following: ``(6) Applicability to certain countries.--This subsection does not apply to a nation identified under subsection (a)(3). ''; ( ``(B) Exceptions.--Subparagraph (A) shall not apply to shark products that are-- ``(i) traded, owned, held, or otherwise possessed by an employee or agent of a governmental agency for law enforcement purposes; ``(ii) used for noncommercial subsistence purposes in accordance with Federal, State, Tribal, or territorial law; ``(iii) used solely for display, education, conservation, or research purposes, by an accredited zoo, aquarium, museum, college, or university; or ``(iv) used by any other person under a State or Federal permit to conduct non- commercial scientific research. ``(3) Expiration; renewal.--A certification or partial certification issued under this subsection-- ``(A) shall be effective for no more than three years after the date of issuance; and ``(B) may be renewed in accordance with the provisions of this subsection relating to the initial issuance of the certification. ``(4) Certain determinations.--The Secretary shall make a determination with respect to whether to renew under paragraph (3) or revoke pursuant to paragraph (5)(A)(ii) a certification or partial certification issued under this subsection, by not later than 180 days after the submission of the application for renewal or the petition for revocation, respectively. ``(6) Publication; public comment.--The Secretary shall-- ``(A) publish in the Federal Register notice of applications, petitions, and decisions with respect to certifications, renewal of certifications, or revocation of certifications under this subsection; and ``(B) provide an opportunity for public comment with respect to such applications, petitions, and decisions. ``(7) Final agency action.--A decision of the Secretary with respect to the issuance, renewal, or revocation of a certification or partial certification under this subsection, and a failure to make a determination required under paragraph (4), shall be considered a final agency action for the purposes of chapter 7 of title 5, United States Code. ``(8) Effective date.--Paragraph (1) shall take effect on the earlier of-- ``(A) the date on which regulations are issued under paragraph (5); or ``(B) the date that is 3 years after the date of the date of the enactment of the Sustainable Shark Fisheries and Trade Act of 2021. INCLUSION OF RAYS AND SKATES IN SEAFOOD TRACEABILITY PROGRAM. Not later than one year after the date of the enactment of this Act, the Secretary of Commerce shall revise section 300.324 of title 50, Code of Federal Regulations, to include rays and skates in the species and species groups specified in subsection (a)(2) of that section. There are authorized to be appropriated to the Secretary of Commerce to carry out this Act, and the amendments made by this Act-- (1) $325,000 for fiscal year 2022; (2) $325,000 for fiscal year 2023; (3) $400,000 for each of fiscal years 2024, 2025, and 2026; and (4) $250,000 for fiscal year 2027.

To amend and enhance the High Seas Driftnet Fishing Moratorium Protection Act to improve the conservation of sharks. 2) in subsection (b), in paragraphs (2) and (3), by striking ``subsection (a)'' each place it appears and inserting ``subsection (a)(1)''; (3) in subsection (c)-- (A) in paragraph (1), by striking ``subsection (a)'' and inserting ``subsection (a)(1)''; and (B) by adding at the end the following: ``(6) Applicability to certain countries.--This subsection does not apply to a nation identified under subsection (a)(3). ``(B) Exceptions.--Subparagraph (A) shall not apply to shark products that are-- ``(i) traded, owned, held, or otherwise possessed by an employee or agent of a governmental agency for law enforcement purposes; ``(ii) used for noncommercial subsistence purposes in accordance with Federal, State, Tribal, or territorial law; ``(iii) used solely for display, education, conservation, or research purposes, by an accredited zoo, aquarium, museum, college, or university; or ``(iv) used by any other person under a State or Federal permit to conduct non- commercial scientific research. ``(3) Expiration; renewal.--A certification or partial certification issued under this subsection-- ``(A) shall be effective for no more than three years after the date of issuance; and ``(B) may be renewed in accordance with the provisions of this subsection relating to the initial issuance of the certification. ``(5) Regulations.-- ``(A) In general.--Not later than 2 years after the date of the enactment of the Sustainable Shark Fisheries and Trade Act of 2021, the Secretary shall prescribe regulations under chapter 5 of title 5, United States Code, governing the submission, evaluation, revocation, and renewal of applications for certifications and partial certifications under paragraph (2). ``(6) Publication; public comment.--The Secretary shall-- ``(A) publish in the Federal Register notice of applications, petitions, and decisions with respect to certifications, renewal of certifications, or revocation of certifications under this subsection; and ``(B) provide an opportunity for public comment with respect to such applications, petitions, and decisions. ``(8) Effective date.--Paragraph (1) shall take effect on the earlier of-- ``(A) the date on which regulations are issued under paragraph (5); or ``(B) the date that is 3 years after the date of the date of the enactment of the Sustainable Shark Fisheries and Trade Act of 2021. INCLUSION OF RAYS AND SKATES IN SEAFOOD TRACEABILITY PROGRAM. Not later than one year after the date of the enactment of this Act, the Secretary of Commerce shall revise section 300.324 of title 50, Code of Federal Regulations, to include rays and skates in the species and species groups specified in subsection (a)(2) of that section.

To amend and enhance the High Seas Driftnet Fishing Moratorium Protection Act to improve the conservation of sharks. This Act may be cited as the ``Sustainable Shark Fisheries and Trade Act of 2021''. ''; (2) in subsection (b), in paragraphs (2) and (3), by striking ``subsection (a)'' each place it appears and inserting ``subsection (a)(1)''; (3) in subsection (c)-- (A) in paragraph (1), by striking ``subsection (a)'' and inserting ``subsection (a)(1)''; and (B) by adding at the end the following: ``(6) Applicability to certain countries.--This subsection does not apply to a nation identified under subsection (a)(3). ''; ( ``(B) Exceptions.--Subparagraph (A) shall not apply to shark products that are-- ``(i) traded, owned, held, or otherwise possessed by an employee or agent of a governmental agency for law enforcement purposes; ``(ii) used for noncommercial subsistence purposes in accordance with Federal, State, Tribal, or territorial law; ``(iii) used solely for display, education, conservation, or research purposes, by an accredited zoo, aquarium, museum, college, or university; or ``(iv) used by any other person under a State or Federal permit to conduct non- commercial scientific research. ``(3) Expiration; renewal.--A certification or partial certification issued under this subsection-- ``(A) shall be effective for no more than three years after the date of issuance; and ``(B) may be renewed in accordance with the provisions of this subsection relating to the initial issuance of the certification. ``(4) Certain determinations.--The Secretary shall make a determination with respect to whether to renew under paragraph (3) or revoke pursuant to paragraph (5)(A)(ii) a certification or partial certification issued under this subsection, by not later than 180 days after the submission of the application for renewal or the petition for revocation, respectively. ``(6) Publication; public comment.--The Secretary shall-- ``(A) publish in the Federal Register notice of applications, petitions, and decisions with respect to certifications, renewal of certifications, or revocation of certifications under this subsection; and ``(B) provide an opportunity for public comment with respect to such applications, petitions, and decisions. ``(7) Final agency action.--A decision of the Secretary with respect to the issuance, renewal, or revocation of a certification or partial certification under this subsection, and a failure to make a determination required under paragraph (4), shall be considered a final agency action for the purposes of chapter 7 of title 5, United States Code. ``(8) Effective date.--Paragraph (1) shall take effect on the earlier of-- ``(A) the date on which regulations are issued under paragraph (5); or ``(B) the date that is 3 years after the date of the date of the enactment of the Sustainable Shark Fisheries and Trade Act of 2021. INCLUSION OF RAYS AND SKATES IN SEAFOOD TRACEABILITY PROGRAM. Not later than one year after the date of the enactment of this Act, the Secretary of Commerce shall revise section 300.324 of title 50, Code of Federal Regulations, to include rays and skates in the species and species groups specified in subsection (a)(2) of that section. There are authorized to be appropriated to the Secretary of Commerce to carry out this Act, and the amendments made by this Act-- (1) $325,000 for fiscal year 2022; (2) $325,000 for fiscal year 2023; (3) $400,000 for each of fiscal years 2024, 2025, and 2026; and (4) $250,000 for fiscal year 2027.

To amend and enhance the High Seas Driftnet Fishing Moratorium Protection Act to improve the conservation of sharks. 2) in subsection (b), in paragraphs (2) and (3), by striking ``subsection (a)'' each place it appears and inserting ``subsection (a)(1)''; (3) in subsection (c)-- (A) in paragraph (1), by striking ``subsection (a)'' and inserting ``subsection (a)(1)''; and (B) by adding at the end the following: ``(6) Applicability to certain countries.--This subsection does not apply to a nation identified under subsection (a)(3). ``(B) Exceptions.--Subparagraph (A) shall not apply to shark products that are-- ``(i) traded, owned, held, or otherwise possessed by an employee or agent of a governmental agency for law enforcement purposes; ``(ii) used for noncommercial subsistence purposes in accordance with Federal, State, Tribal, or territorial law; ``(iii) used solely for display, education, conservation, or research purposes, by an accredited zoo, aquarium, museum, college, or university; or ``(iv) used by any other person under a State or Federal permit to conduct non- commercial scientific research. ``(3) Expiration; renewal.--A certification or partial certification issued under this subsection-- ``(A) shall be effective for no more than three years after the date of issuance; and ``(B) may be renewed in accordance with the provisions of this subsection relating to the initial issuance of the certification. ``(5) Regulations.-- ``(A) In general.--Not later than 2 years after the date of the enactment of the Sustainable Shark Fisheries and Trade Act of 2021, the Secretary shall prescribe regulations under chapter 5 of title 5, United States Code, governing the submission, evaluation, revocation, and renewal of applications for certifications and partial certifications under paragraph (2). ``(6) Publication; public comment.--The Secretary shall-- ``(A) publish in the Federal Register notice of applications, petitions, and decisions with respect to certifications, renewal of certifications, or revocation of certifications under this subsection; and ``(B) provide an opportunity for public comment with respect to such applications, petitions, and decisions. ``(8) Effective date.--Paragraph (1) shall take effect on the earlier of-- ``(A) the date on which regulations are issued under paragraph (5); or ``(B) the date that is 3 years after the date of the date of the enactment of the Sustainable Shark Fisheries and Trade Act of 2021. INCLUSION OF RAYS AND SKATES IN SEAFOOD TRACEABILITY PROGRAM. Not later than one year after the date of the enactment of this Act, the Secretary of Commerce shall revise section 300.324 of title 50, Code of Federal Regulations, to include rays and skates in the species and species groups specified in subsection (a)(2) of that section.

To amend and enhance the High Seas Driftnet Fishing Moratorium Protection Act to improve the conservation of sharks. ``(3) Expiration; renewal.--A certification or partial certification issued under this subsection-- ``(A) shall be effective for no more than three years after the date of issuance; and ``(B) may be renewed in accordance with the provisions of this subsection relating to the initial issuance of the certification. ``(4) Certain determinations.--The Secretary shall make a determination with respect to whether to renew under paragraph (3) or revoke pursuant to paragraph (5)(A)(ii) a certification or partial certification issued under this subsection, by not later than 180 days after the submission of the application for renewal or the petition for revocation, respectively. ``(6) Publication; public comment.--The Secretary shall-- ``(A) publish in the Federal Register notice of applications, petitions, and decisions with respect to certifications, renewal of certifications, or revocation of certifications under this subsection; and ``(B) provide an opportunity for public comment with respect to such applications, petitions, and decisions. Not later than one year after the date of the enactment of this Act, the Secretary of Commerce shall revise section 300.324 of title 50, Code of Federal Regulations, to include rays and skates in the species and species groups specified in subsection (a)(2) of that section. There are authorized to be appropriated to the Secretary of Commerce to carry out this Act, and the amendments made by this Act-- (1) $325,000 for fiscal year 2022; (2) $325,000 for fiscal year 2023; (3) $400,000 for each of fiscal years 2024, 2025, and 2026; and (4) $250,000 for fiscal year 2027.

To amend and enhance the High Seas Driftnet Fishing Moratorium Protection Act to improve the conservation of sharks. ``(5) Regulations.-- ``(A) In general.--Not later than 2 years after the date of the enactment of the Sustainable Shark Fisheries and Trade Act of 2021, the Secretary shall prescribe regulations under chapter 5 of title 5, United States Code, governing the submission, evaluation, revocation, and renewal of applications for certifications and partial certifications under paragraph (2). INCLUSION OF RAYS AND SKATES IN SEAFOOD TRACEABILITY PROGRAM. Not later than one year after the date of the enactment of this Act, the Secretary of Commerce shall revise section 300.324 of title 50, Code of Federal Regulations, to include rays and skates in the species and species groups specified in subsection (a)(2) of that section.

To amend and enhance the High Seas Driftnet Fishing Moratorium Protection Act to improve the conservation of sharks. ``(3) Expiration; renewal.--A certification or partial certification issued under this subsection-- ``(A) shall be effective for no more than three years after the date of issuance; and ``(B) may be renewed in accordance with the provisions of this subsection relating to the initial issuance of the certification. ``(4) Certain determinations.--The Secretary shall make a determination with respect to whether to renew under paragraph (3) or revoke pursuant to paragraph (5)(A)(ii) a certification or partial certification issued under this subsection, by not later than 180 days after the submission of the application for renewal or the petition for revocation, respectively. ``(6) Publication; public comment.--The Secretary shall-- ``(A) publish in the Federal Register notice of applications, petitions, and decisions with respect to certifications, renewal of certifications, or revocation of certifications under this subsection; and ``(B) provide an opportunity for public comment with respect to such applications, petitions, and decisions. Not later than one year after the date of the enactment of this Act, the Secretary of Commerce shall revise section 300.324 of title 50, Code of Federal Regulations, to include rays and skates in the species and species groups specified in subsection (a)(2) of that section. There are authorized to be appropriated to the Secretary of Commerce to carry out this Act, and the amendments made by this Act-- (1) $325,000 for fiscal year 2022; (2) $325,000 for fiscal year 2023; (3) $400,000 for each of fiscal years 2024, 2025, and 2026; and (4) $250,000 for fiscal year 2027.

Sustainable Shark Fisheries and Trade Act of 2021 This bill amends the High Seas Driftnet Fishing Moratorium Protection Act to prohibit the importation of shark products into the United States if: (1) that nation or any individual or entity of that nation has imported shark products or seeks to import shark products; and (2) the nation has not sought and obtained a certification from the Secretary Amends the High Seas Driftnet Fishing Moratorium Protection Act to require the Secretary of Commerce to: (1) publish in the Federal Register notice of applications, petitions, and decisions with respect to certifications, renewal, or revocation of certifications under this Act; and (2) provide an opportunity for public comment. (Sec. 3) Prohibits the Secretary from: (

H.R.1750

Social Welfare

Child Welfare Provider Inclusion Act of 2021 This bill generally prohibits the federal government, states, tribal nations, or localities from discriminating or taking adverse action against a child welfare provider that declines to provide services due to the provider's sincerely held religious beliefs or moral convictions. However, government entities may still take adverse action against a provider that declines to provide adoption or foster care services based on race, color, or national origin. The Department of Health and Human Services must withhold a portion of federal funding for family services and child welfare activities from a government entity that discriminates against a child welfare provider in violation of this bill. Child welfare providers may also sue the government entity for such discrimination. A prevailing provider may recover reasonable attorney's fees and costs. Furthermore, government entities that accept certain federal funding for family services and child welfare activities must waive sovereign immunity as a defense to lawsuits brought under this bill. (In many cases, sovereign immunity shields states, territories, tribal nations, and some localities against private suits.)

To ensure that organizations with religious or moral convictions are allowed to continue to provide services for children. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Welfare Provider Inclusion Act of 2021''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) Child welfare service providers, both individuals and organizations, have the inherent, fundamental, and inalienable right to free exercise of religion protected by the United States Constitution. (2) The right to free exercise of religion for child welfare service providers includes the freedom to refrain from conduct that conflicts with their sincerely held religious beliefs. (3) Most States provide government-funded child welfare services through various charitable, religious, and private organizations. (4) Religious organizations, in particular, have a lengthy and distinguished history of providing child welfare services that predates government involvement. (5) Religious organizations have long been and should continue contracting with and receiving grants from governmental entities to provide child welfare services. (6) Religious organizations cannot provide certain child welfare services, such as foster-care or adoption placements, without receiving a government contract, grant or license. (7) Religious organizations display particular excellence when providing child welfare services. (8) Children and families benefit greatly from the child welfare services provided by religious organizations. (9) Governmental entities and officials administering federally funded child welfare services in some States, including Massachusetts, California, Illinois, and the District of Columbia, have refused to contract with religious organizations that are unable, due to sincerely held religious beliefs or moral convictions, to provide a child welfare service that conflicts, or under circumstances that conflict, with those beliefs or convictions; and that refusal has forced many religious organizations to end their long and distinguished history of excellence in the provision of child welfare services. (10) Ensuring that religious organizations can continue to provide child welfare services will benefit the children and families that receive those federally funded services. (11) States also provide government-funded child welfare services through individual child welfare service providers with varying religious and moral convictions. (12) Many individual child welfare service providers maintain sincerely held religious beliefs or moral convictions that relate to their work and should not be forced to choose between their livelihood and adherence to those beliefs or convictions. (13) Because governmental entities provide child welfare services through many charitable, religious, and private organizations, each with varying religious beliefs or moral convictions, and through diverse individuals with varying religious beliefs or moral convictions, the religiously impelled inability of some religious organizations or individuals to provide certain services will not have a material effect on a person's ability to access federally funded child welfare services. (14) The provisions of this Act are remedial measures that are congruent and proportional to protecting the constitutional rights of child welfare service providers guaranteed under the Fourteenth Amendment to the United States Constitution. (15) Congress has the authority to pass this Act pursuant to its spending clause power and enforcement power under section 5 of the Fourteenth Amendment to the United States Constitution. (b) Purposes.--The purposes of this Act are as follows: (1) To prohibit governmental entities from discriminating or taking an adverse action against a child welfare service provider on the basis that the provider declines to provide a child welfare service that conflicts, or under circumstances that conflict, with the sincerely held religious beliefs or moral convictions of the provider. (2) To protect child welfare service providers' exercise of religion and to ensure that governmental entities will not be able to force those providers, either directly or indirectly, to discontinue all or some of their child welfare services because they decline to provide a child welfare service that conflicts, or under circumstances that conflict, with their sincerely held religious beliefs or moral convictions. (3) To provide relief to child welfare service providers whose rights have been violated. SEC. 3. DISCRIMINATION AND ADVERSE ACTIONS PROHIBITED. (a) In General.--The Federal Government, and any State that receives Federal funding for any program that provides child welfare services under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq., 671 et seq.) (and any subdivision, office or department of such State) shall not discriminate or take an adverse action against a child welfare service provider on the basis that the provider has declined or will decline to provide, facilitate, or refer for a child welfare service that conflicts with, or under circumstances that conflict with, the provider's sincerely held religious beliefs or moral convictions. (b) Limitation.--Subsection (a) does not apply to conduct forbidden by paragraph (18) of section 471(a) of such Act (42 U.S.C. 671(a)(18)). SEC. 4. FUNDS WITHHELD FOR VIOLATION. The Secretary of Health and Human Services shall withhold from a State 15 percent of the Federal funds the State receives for a program that provides child welfare services under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq., 671 et seq.) if the State violates section 3 when administering or disbursing funds under such program. SEC. 5. PRIVATE RIGHT OF ACTION. (a) In General.--A child welfare service provider aggrieved by a violation of section 3 may assert that violation as a claim or defense in a judicial proceeding and obtain all appropriate relief, including declaratory relief, injunctive relief, and compensatory damages, with respect to that violation. (b) Attorneys' Fees and Costs.--A child welfare service provider that prevails in an action by establishing a violation of section 3 is entitled to recover reasonable attorneys' fees and costs. (c) Waiver of Sovereign Immunity.--By accepting or expending Federal funds in connection with a program that provides child welfare services under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq., 671 et seq.), a State waives its sovereign immunity for any claim or defense that is raised under this section. SEC. 6. SEVERABILITY. If any provision of this Act, or any application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act and the application of the provision to any other person or circumstance shall not be affected. SEC. 7. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), the amendments made by this Act shall take effect on the 1st day of the 1st fiscal year beginning on or after the date of the enactment of this Act, and the withholding of funds authorized by section 4 shall apply to payments under parts B and E of title IV of the Social Security Act (42 U.S.C. 621 et seq., 671 et seq.) for calendar quarters beginning on or after such date. (b) Exception.--If legislation (other than legislation appropriating funds) is required for a governmental entity to bring itself into compliance with this Act, the governmental entity shall not be regarded as violating this Act before the 1st day of the 1st calendar quarter beginning after the 1st regular session of the legislative body that begins after the date of the enactment of this Act. For purposes of the preceding sentence, if the governmental entity has a 2-year legislative session, each year of the session is deemed to be a separate regular session. SEC. 8. DEFINITIONS. In this Act: (1) Child welfare service provider.--The term ``child welfare service provider'' includes organizations, corporations, groups, entities, or individuals that provide or seek to provide, or that apply for or receive a contract, subcontract, grant, or subgrant for the provision of, child welfare services. A provider need not be engaged exclusively in child welfare services to be considered a child welfare service provider for purposes of this Act. (2) Child welfare services.--The term ``child welfare services'' means social services provided to or on behalf of children, including assisting abused, neglected, or troubled children, counseling children or parents, promoting foster parenting, providing foster homes or temporary group shelters for children, recruiting foster parents, placing children in foster homes, licensing foster homes, promoting adoption, recruiting adoptive parents, assisting adoptions, supporting adoptive families, assisting kinship guardianships, assisting kinship caregivers, providing family preservation services, providing family support services, and providing time-limited family reunification services. (3) State.--The term ``State'' means each of the 50 States, the District of Columbia, any commonwealth, territory or possession of the United States, and any political subdivision thereof, and any Indian tribe, tribal organization, or tribal consortium that has a plan approved in accordance with section 479B of the Social Security Act (42 U.S.C. 679c) or that has a cooperative agreement or contract with one of the 50 States for the administration or payment of funds under part B or E of title IV of the Social Security Act. (4) Funding; funded; funds.--The terms ``funding'', ``funded'', or ``funds'' include money paid pursuant to a contract, grant, voucher, or similar means. (5) Adverse action.--The term ``adverse action'' includes, but is not limited to, denying a child welfare service provider's application for funding, refusing to renew the provider's funding, canceling the provider's funding, declining to enter into a contract with the provider, refusing to renew a contract with the provider, canceling a contract with the provider, declining to issue a license to the provider, refusing to renew the provider's license, canceling the provider's license, terminating the provider's employment, or any other adverse action that materially alters the terms or conditions of the provider's employment, funding, contract, or license. <all>

Child Welfare Provider Inclusion Act of 2021

To ensure that organizations with religious or moral convictions are allowed to continue to provide services for children.

Child Welfare Provider Inclusion Act of 2021

Rep. Kelly, Mike

R

PA

This bill generally prohibits the federal government, states, tribal nations, or localities from discriminating or taking adverse action against a child welfare provider that declines to provide services due to the provider's sincerely held religious beliefs or moral convictions. However, government entities may still take adverse action against a provider that declines to provide adoption or foster care services based on race, color, or national origin. The Department of Health and Human Services must withhold a portion of federal funding for family services and child welfare activities from a government entity that discriminates against a child welfare provider in violation of this bill. Child welfare providers may also sue the government entity for such discrimination. A prevailing provider may recover reasonable attorney's fees and costs. Furthermore, government entities that accept certain federal funding for family services and child welfare activities must waive sovereign immunity as a defense to lawsuits brought under this bill. (In many cases, sovereign immunity shields states, territories, tribal nations, and some localities against private suits.)

To ensure that organizations with religious or moral convictions are allowed to continue to provide services for children. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 2. (2) The right to free exercise of religion for child welfare service providers includes the freedom to refrain from conduct that conflicts with their sincerely held religious beliefs. 3. DISCRIMINATION AND ADVERSE ACTIONS PROHIBITED. (a) In General.--The Federal Government, and any State that receives Federal funding for any program that provides child welfare services under part B or E of title IV of the Social Security Act (42 U.S.C. 4. FUNDS WITHHELD FOR VIOLATION. if the State violates section 3 when administering or disbursing funds under such program. 5. PRIVATE RIGHT OF ACTION. ), a State waives its sovereign immunity for any claim or defense that is raised under this section. 6. If any provision of this Act, or any application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act and the application of the provision to any other person or circumstance shall not be affected. 7. 621 et seq., 671 et seq.) for calendar quarters beginning on or after such date. For purposes of the preceding sentence, if the governmental entity has a 2-year legislative session, each year of the session is deemed to be a separate regular session. SEC. 8. A provider need not be engaged exclusively in child welfare services to be considered a child welfare service provider for purposes of this Act. (2) Child welfare services.--The term ``child welfare services'' means social services provided to or on behalf of children, including assisting abused, neglected, or troubled children, counseling children or parents, promoting foster parenting, providing foster homes or temporary group shelters for children, recruiting foster parents, placing children in foster homes, licensing foster homes, promoting adoption, recruiting adoptive parents, assisting adoptions, supporting adoptive families, assisting kinship guardianships, assisting kinship caregivers, providing family preservation services, providing family support services, and providing time-limited family reunification services. (4) Funding; funded; funds.--The terms ``funding'', ``funded'', or ``funds'' include money paid pursuant to a contract, grant, voucher, or similar means. (5) Adverse action.--The term ``adverse action'' includes, but is not limited to, denying a child welfare service provider's application for funding, refusing to renew the provider's funding, canceling the provider's funding, declining to enter into a contract with the provider, refusing to renew a contract with the provider, canceling a contract with the provider, declining to issue a license to the provider, refusing to renew the provider's license, canceling the provider's license, terminating the provider's employment, or any other adverse action that materially alters the terms or conditions of the provider's employment, funding, contract, or license.

To ensure that organizations with religious or moral convictions are allowed to continue to provide services for children. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 2. (2) The right to free exercise of religion for child welfare service providers includes the freedom to refrain from conduct that conflicts with their sincerely held religious beliefs. 3. DISCRIMINATION AND ADVERSE ACTIONS PROHIBITED. (a) In General.--The Federal Government, and any State that receives Federal funding for any program that provides child welfare services under part B or E of title IV of the Social Security Act (42 U.S.C. 4. FUNDS WITHHELD FOR VIOLATION. if the State violates section 3 when administering or disbursing funds under such program. 5. PRIVATE RIGHT OF ACTION. ), a State waives its sovereign immunity for any claim or defense that is raised under this section. 6. If any provision of this Act, or any application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act and the application of the provision to any other person or circumstance shall not be affected. 7. 621 et seq., 671 et seq.) for calendar quarters beginning on or after such date. For purposes of the preceding sentence, if the governmental entity has a 2-year legislative session, each year of the session is deemed to be a separate regular session. SEC. 8. A provider need not be engaged exclusively in child welfare services to be considered a child welfare service provider for purposes of this Act. (2) Child welfare services.--The term ``child welfare services'' means social services provided to or on behalf of children, including assisting abused, neglected, or troubled children, counseling children or parents, promoting foster parenting, providing foster homes or temporary group shelters for children, recruiting foster parents, placing children in foster homes, licensing foster homes, promoting adoption, recruiting adoptive parents, assisting adoptions, supporting adoptive families, assisting kinship guardianships, assisting kinship caregivers, providing family preservation services, providing family support services, and providing time-limited family reunification services. (4) Funding; funded; funds.--The terms ``funding'', ``funded'', or ``funds'' include money paid pursuant to a contract, grant, voucher, or similar means.

To ensure that organizations with religious or moral convictions are allowed to continue to provide services for children. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 2. FINDINGS AND PURPOSES. (2) The right to free exercise of religion for child welfare service providers includes the freedom to refrain from conduct that conflicts with their sincerely held religious beliefs. (13) Because governmental entities provide child welfare services through many charitable, religious, and private organizations, each with varying religious beliefs or moral convictions, and through diverse individuals with varying religious beliefs or moral convictions, the religiously impelled inability of some religious organizations or individuals to provide certain services will not have a material effect on a person's ability to access federally funded child welfare services. (15) Congress has the authority to pass this Act pursuant to its spending clause power and enforcement power under section 5 of the Fourteenth Amendment to the United States Constitution. 3. DISCRIMINATION AND ADVERSE ACTIONS PROHIBITED. (a) In General.--The Federal Government, and any State that receives Federal funding for any program that provides child welfare services under part B or E of title IV of the Social Security Act (42 U.S.C. 671(a)(18)). 4. FUNDS WITHHELD FOR VIOLATION. if the State violates section 3 when administering or disbursing funds under such program. 5. PRIVATE RIGHT OF ACTION. (a) In General.--A child welfare service provider aggrieved by a violation of section 3 may assert that violation as a claim or defense in a judicial proceeding and obtain all appropriate relief, including declaratory relief, injunctive relief, and compensatory damages, with respect to that violation. (b) Attorneys' Fees and Costs.--A child welfare service provider that prevails in an action by establishing a violation of section 3 is entitled to recover reasonable attorneys' fees and costs. ), a State waives its sovereign immunity for any claim or defense that is raised under this section. 6. SEVERABILITY. If any provision of this Act, or any application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act and the application of the provision to any other person or circumstance shall not be affected. 7. 621 et seq., 671 et seq.) for calendar quarters beginning on or after such date. (b) Exception.--If legislation (other than legislation appropriating funds) is required for a governmental entity to bring itself into compliance with this Act, the governmental entity shall not be regarded as violating this Act before the 1st day of the 1st calendar quarter beginning after the 1st regular session of the legislative body that begins after the date of the enactment of this Act. For purposes of the preceding sentence, if the governmental entity has a 2-year legislative session, each year of the session is deemed to be a separate regular session. SEC. 8. DEFINITIONS. A provider need not be engaged exclusively in child welfare services to be considered a child welfare service provider for purposes of this Act. (2) Child welfare services.--The term ``child welfare services'' means social services provided to or on behalf of children, including assisting abused, neglected, or troubled children, counseling children or parents, promoting foster parenting, providing foster homes or temporary group shelters for children, recruiting foster parents, placing children in foster homes, licensing foster homes, promoting adoption, recruiting adoptive parents, assisting adoptions, supporting adoptive families, assisting kinship guardianships, assisting kinship caregivers, providing family preservation services, providing family support services, and providing time-limited family reunification services. (4) Funding; funded; funds.--The terms ``funding'', ``funded'', or ``funds'' include money paid pursuant to a contract, grant, voucher, or similar means. (5) Adverse action.--The term ``adverse action'' includes, but is not limited to, denying a child welfare service provider's application for funding, refusing to renew the provider's funding, canceling the provider's funding, declining to enter into a contract with the provider, refusing to renew a contract with the provider, canceling a contract with the provider, declining to issue a license to the provider, refusing to renew the provider's license, canceling the provider's license, terminating the provider's employment, or any other adverse action that materially alters the terms or conditions of the provider's employment, funding, contract, or license.

To ensure that organizations with religious or moral convictions are allowed to continue to provide services for children. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. FINDINGS AND PURPOSES. (2) The right to free exercise of religion for child welfare service providers includes the freedom to refrain from conduct that conflicts with their sincerely held religious beliefs. (4) Religious organizations, in particular, have a lengthy and distinguished history of providing child welfare services that predates government involvement. (12) Many individual child welfare service providers maintain sincerely held religious beliefs or moral convictions that relate to their work and should not be forced to choose between their livelihood and adherence to those beliefs or convictions. (13) Because governmental entities provide child welfare services through many charitable, religious, and private organizations, each with varying religious beliefs or moral convictions, and through diverse individuals with varying religious beliefs or moral convictions, the religiously impelled inability of some religious organizations or individuals to provide certain services will not have a material effect on a person's ability to access federally funded child welfare services. (14) The provisions of this Act are remedial measures that are congruent and proportional to protecting the constitutional rights of child welfare service providers guaranteed under the Fourteenth Amendment to the United States Constitution. (15) Congress has the authority to pass this Act pursuant to its spending clause power and enforcement power under section 5 of the Fourteenth Amendment to the United States Constitution. 3. DISCRIMINATION AND ADVERSE ACTIONS PROHIBITED. (a) In General.--The Federal Government, and any State that receives Federal funding for any program that provides child welfare services under part B or E of title IV of the Social Security Act (42 U.S.C. (and any subdivision, office or department of such State) shall not discriminate or take an adverse action against a child welfare service provider on the basis that the provider has declined or will decline to provide, facilitate, or refer for a child welfare service that conflicts with, or under circumstances that conflict with, the provider's sincerely held religious beliefs or moral convictions. (b) Limitation.--Subsection (a) does not apply to conduct forbidden by paragraph (18) of section 471(a) of such Act (42 U.S.C. 671(a)(18)). 4. FUNDS WITHHELD FOR VIOLATION. if the State violates section 3 when administering or disbursing funds under such program. 5. PRIVATE RIGHT OF ACTION. (a) In General.--A child welfare service provider aggrieved by a violation of section 3 may assert that violation as a claim or defense in a judicial proceeding and obtain all appropriate relief, including declaratory relief, injunctive relief, and compensatory damages, with respect to that violation. (b) Attorneys' Fees and Costs.--A child welfare service provider that prevails in an action by establishing a violation of section 3 is entitled to recover reasonable attorneys' fees and costs. ), a State waives its sovereign immunity for any claim or defense that is raised under this section. 6. SEVERABILITY. If any provision of this Act, or any application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act and the application of the provision to any other person or circumstance shall not be affected. 7. EFFECTIVE DATE. 621 et seq., 671 et seq.) for calendar quarters beginning on or after such date. (b) Exception.--If legislation (other than legislation appropriating funds) is required for a governmental entity to bring itself into compliance with this Act, the governmental entity shall not be regarded as violating this Act before the 1st day of the 1st calendar quarter beginning after the 1st regular session of the legislative body that begins after the date of the enactment of this Act. For purposes of the preceding sentence, if the governmental entity has a 2-year legislative session, each year of the session is deemed to be a separate regular session. SEC. 8. DEFINITIONS. A provider need not be engaged exclusively in child welfare services to be considered a child welfare service provider for purposes of this Act. (2) Child welfare services.--The term ``child welfare services'' means social services provided to or on behalf of children, including assisting abused, neglected, or troubled children, counseling children or parents, promoting foster parenting, providing foster homes or temporary group shelters for children, recruiting foster parents, placing children in foster homes, licensing foster homes, promoting adoption, recruiting adoptive parents, assisting adoptions, supporting adoptive families, assisting kinship guardianships, assisting kinship caregivers, providing family preservation services, providing family support services, and providing time-limited family reunification services. (3) State.--The term ``State'' means each of the 50 States, the District of Columbia, any commonwealth, territory or possession of the United States, and any political subdivision thereof, and any Indian tribe, tribal organization, or tribal consortium that has a plan approved in accordance with section 479B of the Social Security Act (42 U.S.C. 679c) or that has a cooperative agreement or contract with one of the 50 States for the administration or payment of funds under part B or E of title IV of the Social Security Act. (4) Funding; funded; funds.--The terms ``funding'', ``funded'', or ``funds'' include money paid pursuant to a contract, grant, voucher, or similar means. (5) Adverse action.--The term ``adverse action'' includes, but is not limited to, denying a child welfare service provider's application for funding, refusing to renew the provider's funding, canceling the provider's funding, declining to enter into a contract with the provider, refusing to renew a contract with the provider, canceling a contract with the provider, declining to issue a license to the provider, refusing to renew the provider's license, canceling the provider's license, terminating the provider's employment, or any other adverse action that materially alters the terms or conditions of the provider's employment, funding, contract, or license.

To ensure that organizations with religious or moral convictions are allowed to continue to provide services for children. 4) Religious organizations, in particular, have a lengthy and distinguished history of providing child welfare services that predates government involvement. ( 7) Religious organizations display particular excellence when providing child welfare services. ( 10) Ensuring that religious organizations can continue to provide child welfare services will benefit the children and families that receive those federally funded services. ( 12) Many individual child welfare service providers maintain sincerely held religious beliefs or moral convictions that relate to their work and should not be forced to choose between their livelihood and adherence to those beliefs or convictions. ( (14) The provisions of this Act are remedial measures that are congruent and proportional to protecting the constitutional rights of child welfare service providers guaranteed under the Fourteenth Amendment to the United States Constitution. ( b) Purposes.--The purposes of this Act are as follows: (1) To prohibit governmental entities from discriminating or taking an adverse action against a child welfare service provider on the basis that the provider declines to provide a child welfare service that conflicts, or under circumstances that conflict, with the sincerely held religious beliefs or moral convictions of the provider. ( and any subdivision, office or department of such State) shall not discriminate or take an adverse action against a child welfare service provider on the basis that the provider has declined or will decline to provide, facilitate, or refer for a child welfare service that conflicts with, or under circumstances that conflict with, the provider's sincerely held religious beliefs or moral convictions. ( The Secretary of Health and Human Services shall withhold from a State 15 percent of the Federal funds the State receives for a program that provides child welfare services under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq., (b) Attorneys' Fees and Costs.--A child welfare service provider that prevails in an action by establishing a violation of section 3 is entitled to recover reasonable attorneys' fees and costs. ( a) In General.--Except as provided in subsection (b), the amendments made by this Act shall take effect on the 1st day of the 1st fiscal year beginning on or after the date of the enactment of this Act, and the withholding of funds authorized by section 4 shall apply to payments under parts B and E of title IV of the Social Security Act (42 U.S.C. 621 et seq., (b) Exception.--If legislation (other than legislation appropriating funds) is required for a governmental entity to bring itself into compliance with this Act, the governmental entity shall not be regarded as violating this Act before the 1st day of the 1st calendar quarter beginning after the 1st regular session of the legislative body that begins after the date of the enactment of this Act. For purposes of the preceding sentence, if the governmental entity has a 2-year legislative session, each year of the session is deemed to be a separate regular session. (3) State.--The term ``State'' means each of the 50 States, the District of Columbia, any commonwealth, territory or possession of the United States, and any political subdivision thereof, and any Indian tribe, tribal organization, or tribal consortium that has a plan approved in accordance with section 479B of the Social Security Act (42 U.S.C. 679c) or that has a cooperative agreement or contract with one of the 50 States for the administration or payment of funds under part B or E of title IV of the Social Security Act. ( 4) Funding; funded; funds.--The terms ``funding'', ``funded'', or ``funds'' include money paid pursuant to a contract, grant, voucher, or similar means. (

To ensure that organizations with religious or moral convictions are allowed to continue to provide services for children. 4) Religious organizations, in particular, have a lengthy and distinguished history of providing child welfare services that predates government involvement. ( 7) Religious organizations display particular excellence when providing child welfare services. ( (12) Many individual child welfare service providers maintain sincerely held religious beliefs or moral convictions that relate to their work and should not be forced to choose between their livelihood and adherence to those beliefs or convictions. ( b) Purposes.--The purposes of this Act are as follows: (1) To prohibit governmental entities from discriminating or taking an adverse action against a child welfare service provider on the basis that the provider declines to provide a child welfare service that conflicts, or under circumstances that conflict, with the sincerely held religious beliefs or moral convictions of the provider. ( (and any subdivision, office or department of such State) shall not discriminate or take an adverse action against a child welfare service provider on the basis that the provider has declined or will decline to provide, facilitate, or refer for a child welfare service that conflicts with, or under circumstances that conflict with, the provider's sincerely held religious beliefs or moral convictions. ( The Secretary of Health and Human Services shall withhold from a State 15 percent of the Federal funds the State receives for a program that provides child welfare services under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq., PRIVATE RIGHT OF ACTION. ( (a) In General.--Except as provided in subsection (b), the amendments made by this Act shall take effect on the 1st day of the 1st fiscal year beginning on or after the date of the enactment of this Act, and the withholding of funds authorized by section 4 shall apply to payments under parts B and E of title IV of the Social Security Act (42 U.S.C. 621 et seq., b) Exception.--If legislation (other than legislation appropriating funds) is required for a governmental entity to bring itself into compliance with this Act, the governmental entity shall not be regarded as violating this Act before the 1st day of the 1st calendar quarter beginning after the 1st regular session of the legislative body that begins after the date of the enactment of this Act. (3) State.--The term ``State'' means each of the 50 States, the District of Columbia, any commonwealth, territory or possession of the United States, and any political subdivision thereof, and any Indian tribe, tribal organization, or tribal consortium that has a plan approved in accordance with section 479B of the Social Security Act (42 U.S.C. 679c) or that has a cooperative agreement or contract with one of the 50 States for the administration or payment of funds under part B or E of title IV of the Social Security Act. ( 4) Funding; funded; funds.--The terms ``funding'', ``funded'', or ``funds'' include money paid pursuant to a contract, grant, voucher, or similar means. (

To ensure that organizations with religious or moral convictions are allowed to continue to provide services for children. 4) Religious organizations, in particular, have a lengthy and distinguished history of providing child welfare services that predates government involvement. ( 7) Religious organizations display particular excellence when providing child welfare services. ( (12) Many individual child welfare service providers maintain sincerely held religious beliefs or moral convictions that relate to their work and should not be forced to choose between their livelihood and adherence to those beliefs or convictions. ( b) Purposes.--The purposes of this Act are as follows: (1) To prohibit governmental entities from discriminating or taking an adverse action against a child welfare service provider on the basis that the provider declines to provide a child welfare service that conflicts, or under circumstances that conflict, with the sincerely held religious beliefs or moral convictions of the provider. ( (and any subdivision, office or department of such State) shall not discriminate or take an adverse action against a child welfare service provider on the basis that the provider has declined or will decline to provide, facilitate, or refer for a child welfare service that conflicts with, or under circumstances that conflict with, the provider's sincerely held religious beliefs or moral convictions. ( The Secretary of Health and Human Services shall withhold from a State 15 percent of the Federal funds the State receives for a program that provides child welfare services under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq., PRIVATE RIGHT OF ACTION. ( (a) In General.--Except as provided in subsection (b), the amendments made by this Act shall take effect on the 1st day of the 1st fiscal year beginning on or after the date of the enactment of this Act, and the withholding of funds authorized by section 4 shall apply to payments under parts B and E of title IV of the Social Security Act (42 U.S.C. 621 et seq., b) Exception.--If legislation (other than legislation appropriating funds) is required for a governmental entity to bring itself into compliance with this Act, the governmental entity shall not be regarded as violating this Act before the 1st day of the 1st calendar quarter beginning after the 1st regular session of the legislative body that begins after the date of the enactment of this Act. (3) State.--The term ``State'' means each of the 50 States, the District of Columbia, any commonwealth, territory or possession of the United States, and any political subdivision thereof, and any Indian tribe, tribal organization, or tribal consortium that has a plan approved in accordance with section 479B of the Social Security Act (42 U.S.C. 679c) or that has a cooperative agreement or contract with one of the 50 States for the administration or payment of funds under part B or E of title IV of the Social Security Act. ( 4) Funding; funded; funds.--The terms ``funding'', ``funded'', or ``funds'' include money paid pursuant to a contract, grant, voucher, or similar means. (

To ensure that organizations with religious or moral convictions are allowed to continue to provide services for children. 4) Religious organizations, in particular, have a lengthy and distinguished history of providing child welfare services that predates government involvement. ( 7) Religious organizations display particular excellence when providing child welfare services. ( 10) Ensuring that religious organizations can continue to provide child welfare services will benefit the children and families that receive those federally funded services. ( 12) Many individual child welfare service providers maintain sincerely held religious beliefs or moral convictions that relate to their work and should not be forced to choose between their livelihood and adherence to those beliefs or convictions. ( (14) The provisions of this Act are remedial measures that are congruent and proportional to protecting the constitutional rights of child welfare service providers guaranteed under the Fourteenth Amendment to the United States Constitution. ( b) Purposes.--The purposes of this Act are as follows: (1) To prohibit governmental entities from discriminating or taking an adverse action against a child welfare service provider on the basis that the provider declines to provide a child welfare service that conflicts, or under circumstances that conflict, with the sincerely held religious beliefs or moral convictions of the provider. ( and any subdivision, office or department of such State) shall not discriminate or take an adverse action against a child welfare service provider on the basis that the provider has declined or will decline to provide, facilitate, or refer for a child welfare service that conflicts with, or under circumstances that conflict with, the provider's sincerely held religious beliefs or moral convictions. ( The Secretary of Health and Human Services shall withhold from a State 15 percent of the Federal funds the State receives for a program that provides child welfare services under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq., (b) Attorneys' Fees and Costs.--A child welfare service provider that prevails in an action by establishing a violation of section 3 is entitled to recover reasonable attorneys' fees and costs. ( a) In General.--Except as provided in subsection (b), the amendments made by this Act shall take effect on the 1st day of the 1st fiscal year beginning on or after the date of the enactment of this Act, and the withholding of funds authorized by section 4 shall apply to payments under parts B and E of title IV of the Social Security Act (42 U.S.C. 621 et seq., (b) Exception.--If legislation (other than legislation appropriating funds) is required for a governmental entity to bring itself into compliance with this Act, the governmental entity shall not be regarded as violating this Act before the 1st day of the 1st calendar quarter beginning after the 1st regular session of the legislative body that begins after the date of the enactment of this Act. For purposes of the preceding sentence, if the governmental entity has a 2-year legislative session, each year of the session is deemed to be a separate regular session. (3) State.--The term ``State'' means each of the 50 States, the District of Columbia, any commonwealth, territory or possession of the United States, and any political subdivision thereof, and any Indian tribe, tribal organization, or tribal consortium that has a plan approved in accordance with section 479B of the Social Security Act (42 U.S.C. 679c) or that has a cooperative agreement or contract with one of the 50 States for the administration or payment of funds under part B or E of title IV of the Social Security Act. ( 4) Funding; funded; funds.--The terms ``funding'', ``funded'', or ``funds'' include money paid pursuant to a contract, grant, voucher, or similar means. (

To ensure that organizations with religious or moral convictions are allowed to continue to provide services for children. 4) Religious organizations, in particular, have a lengthy and distinguished history of providing child welfare services that predates government involvement. ( 7) Religious organizations display particular excellence when providing child welfare services. ( (12) Many individual child welfare service providers maintain sincerely held religious beliefs or moral convictions that relate to their work and should not be forced to choose between their livelihood and adherence to those beliefs or convictions. ( b) Purposes.--The purposes of this Act are as follows: (1) To prohibit governmental entities from discriminating or taking an adverse action against a child welfare service provider on the basis that the provider declines to provide a child welfare service that conflicts, or under circumstances that conflict, with the sincerely held religious beliefs or moral convictions of the provider. ( (and any subdivision, office or department of such State) shall not discriminate or take an adverse action against a child welfare service provider on the basis that the provider has declined or will decline to provide, facilitate, or refer for a child welfare service that conflicts with, or under circumstances that conflict with, the provider's sincerely held religious beliefs or moral convictions. ( The Secretary of Health and Human Services shall withhold from a State 15 percent of the Federal funds the State receives for a program that provides child welfare services under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq., PRIVATE RIGHT OF ACTION. ( (a) In General.--Except as provided in subsection (b), the amendments made by this Act shall take effect on the 1st day of the 1st fiscal year beginning on or after the date of the enactment of this Act, and the withholding of funds authorized by section 4 shall apply to payments under parts B and E of title IV of the Social Security Act (42 U.S.C. 621 et seq., b) Exception.--If legislation (other than legislation appropriating funds) is required for a governmental entity to bring itself into compliance with this Act, the governmental entity shall not be regarded as violating this Act before the 1st day of the 1st calendar quarter beginning after the 1st regular session of the legislative body that begins after the date of the enactment of this Act. (3) State.--The term ``State'' means each of the 50 States, the District of Columbia, any commonwealth, territory or possession of the United States, and any political subdivision thereof, and any Indian tribe, tribal organization, or tribal consortium that has a plan approved in accordance with section 479B of the Social Security Act (42 U.S.C. 679c) or that has a cooperative agreement or contract with one of the 50 States for the administration or payment of funds under part B or E of title IV of the Social Security Act. ( 4) Funding; funded; funds.--The terms ``funding'', ``funded'', or ``funds'' include money paid pursuant to a contract, grant, voucher, or similar means. (

To ensure that organizations with religious or moral convictions are allowed to continue to provide services for children. 4) Religious organizations, in particular, have a lengthy and distinguished history of providing child welfare services that predates government involvement. ( 7) Religious organizations display particular excellence when providing child welfare services. ( 10) Ensuring that religious organizations can continue to provide child welfare services will benefit the children and families that receive those federally funded services. ( 12) Many individual child welfare service providers maintain sincerely held religious beliefs or moral convictions that relate to their work and should not be forced to choose between their livelihood and adherence to those beliefs or convictions. ( (14) The provisions of this Act are remedial measures that are congruent and proportional to protecting the constitutional rights of child welfare service providers guaranteed under the Fourteenth Amendment to the United States Constitution. ( b) Purposes.--The purposes of this Act are as follows: (1) To prohibit governmental entities from discriminating or taking an adverse action against a child welfare service provider on the basis that the provider declines to provide a child welfare service that conflicts, or under circumstances that conflict, with the sincerely held religious beliefs or moral convictions of the provider. ( and any subdivision, office or department of such State) shall not discriminate or take an adverse action against a child welfare service provider on the basis that the provider has declined or will decline to provide, facilitate, or refer for a child welfare service that conflicts with, or under circumstances that conflict with, the provider's sincerely held religious beliefs or moral convictions. ( The Secretary of Health and Human Services shall withhold from a State 15 percent of the Federal funds the State receives for a program that provides child welfare services under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq., (b) Attorneys' Fees and Costs.--A child welfare service provider that prevails in an action by establishing a violation of section 3 is entitled to recover reasonable attorneys' fees and costs. ( a) In General.--Except as provided in subsection (b), the amendments made by this Act shall take effect on the 1st day of the 1st fiscal year beginning on or after the date of the enactment of this Act, and the withholding of funds authorized by section 4 shall apply to payments under parts B and E of title IV of the Social Security Act (42 U.S.C. 621 et seq., (b) Exception.--If legislation (other than legislation appropriating funds) is required for a governmental entity to bring itself into compliance with this Act, the governmental entity shall not be regarded as violating this Act before the 1st day of the 1st calendar quarter beginning after the 1st regular session of the legislative body that begins after the date of the enactment of this Act. For purposes of the preceding sentence, if the governmental entity has a 2-year legislative session, each year of the session is deemed to be a separate regular session. (3) State.--The term ``State'' means each of the 50 States, the District of Columbia, any commonwealth, territory or possession of the United States, and any political subdivision thereof, and any Indian tribe, tribal organization, or tribal consortium that has a plan approved in accordance with section 479B of the Social Security Act (42 U.S.C. 679c) or that has a cooperative agreement or contract with one of the 50 States for the administration or payment of funds under part B or E of title IV of the Social Security Act. ( 4) Funding; funded; funds.--The terms ``funding'', ``funded'', or ``funds'' include money paid pursuant to a contract, grant, voucher, or similar means. (

To ensure that organizations with religious or moral convictions are allowed to continue to provide services for children. b) Purposes.--The purposes of this Act are as follows: (1) To prohibit governmental entities from discriminating or taking an adverse action against a child welfare service provider on the basis that the provider declines to provide a child welfare service that conflicts, or under circumstances that conflict, with the sincerely held religious beliefs or moral convictions of the provider. ( ( b) Exception.--If legislation (other than legislation appropriating funds) is required for a governmental entity to bring itself into compliance with this Act, the governmental entity shall not be regarded as violating this Act before the 1st day of the 1st calendar quarter beginning after the 1st regular session of the legislative body that begins after the date of the enactment of this Act. ( 3) State.--The term ``State'' means each of the 50 States, the District of Columbia, any commonwealth, territory or possession of the United States, and any political subdivision thereof, and any Indian tribe, tribal organization, or tribal consortium that has a plan approved in accordance with section 479B of the Social Security Act (42 U.S.C. 679c) or that has a cooperative agreement or contract with one of the 50 States for the administration or payment of funds under part B or E of title IV of the Social Security Act. (

To ensure that organizations with religious or moral convictions are allowed to continue to provide services for children. 14) The provisions of this Act are remedial measures that are congruent and proportional to protecting the constitutional rights of child welfare service providers guaranteed under the Fourteenth Amendment to the United States Constitution. ( ( and any subdivision, office or department of such State) shall not discriminate or take an adverse action against a child welfare service provider on the basis that the provider has declined or will decline to provide, facilitate, or refer for a child welfare service that conflicts with, or under circumstances that conflict with, the provider's sincerely held religious beliefs or moral convictions. ( The Secretary of Health and Human Services shall withhold from a State 15 percent of the Federal funds the State receives for a program that provides child welfare services under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq., ( b) Exception.--If legislation (other than legislation appropriating funds) is required for a governmental entity to bring itself into compliance with this Act, the governmental entity shall not be regarded as violating this Act before the 1st day of the 1st calendar quarter beginning after the 1st regular session of the legislative body that begins after the date of the enactment of this Act. 3) State.--The term ``State'' means each of the 50 States, the District of Columbia, any commonwealth, territory or possession of the United States, and any political subdivision thereof, and any Indian tribe, tribal organization, or tribal consortium that has a plan approved in accordance with section 479B of the Social Security Act (42 U.S.C. 679c) or that has a cooperative agreement or contract with one of the 50 States for the administration or payment of funds under part B or E of title IV of the Social Security Act. (

To ensure that organizations with religious or moral convictions are allowed to continue to provide services for children. b) Purposes.--The purposes of this Act are as follows: (1) To prohibit governmental entities from discriminating or taking an adverse action against a child welfare service provider on the basis that the provider declines to provide a child welfare service that conflicts, or under circumstances that conflict, with the sincerely held religious beliefs or moral convictions of the provider. ( ( b) Exception.--If legislation (other than legislation appropriating funds) is required for a governmental entity to bring itself into compliance with this Act, the governmental entity shall not be regarded as violating this Act before the 1st day of the 1st calendar quarter beginning after the 1st regular session of the legislative body that begins after the date of the enactment of this Act. ( 3) State.--The term ``State'' means each of the 50 States, the District of Columbia, any commonwealth, territory or possession of the United States, and any political subdivision thereof, and any Indian tribe, tribal organization, or tribal consortium that has a plan approved in accordance with section 479B of the Social Security Act (42 U.S.C. 679c) or that has a cooperative agreement or contract with one of the 50 States for the administration or payment of funds under part B or E of title IV of the Social Security Act. (

To ensure that organizations with religious or moral convictions are allowed to continue to provide services for children. 14) The provisions of this Act are remedial measures that are congruent and proportional to protecting the constitutional rights of child welfare service providers guaranteed under the Fourteenth Amendment to the United States Constitution. ( ( and any subdivision, office or department of such State) shall not discriminate or take an adverse action against a child welfare service provider on the basis that the provider has declined or will decline to provide, facilitate, or refer for a child welfare service that conflicts with, or under circumstances that conflict with, the provider's sincerely held religious beliefs or moral convictions. ( The Secretary of Health and Human Services shall withhold from a State 15 percent of the Federal funds the State receives for a program that provides child welfare services under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq., ( b) Exception.--If legislation (other than legislation appropriating funds) is required for a governmental entity to bring itself into compliance with this Act, the governmental entity shall not be regarded as violating this Act before the 1st day of the 1st calendar quarter beginning after the 1st regular session of the legislative body that begins after the date of the enactment of this Act. 3) State.--The term ``State'' means each of the 50 States, the District of Columbia, any commonwealth, territory or possession of the United States, and any political subdivision thereof, and any Indian tribe, tribal organization, or tribal consortium that has a plan approved in accordance with section 479B of the Social Security Act (42 U.S.C. 679c) or that has a cooperative agreement or contract with one of the 50 States for the administration or payment of funds under part B or E of title IV of the Social Security Act. (

Child Welfare Provider Inclusion Act of 2021 - Prohibits the Federal Government, and any state that receives federal funding for any program that provides child welfare services, from discriminating or taking an adverse action against a child welfare service provider on the basis that the provider declines to provide a service that conflicts, or under circumstances that conflict, with the provider's sincerely held religious beliefs or moral convictions Amends title IV (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to: (1) make the amendments made by this Act effective on the first day of the 1st fiscal year beginning on or after the date of the enactment of this Act; and (2) apply the withholding of funds authorized by such Act to payments under OAS

S.656

Social Welfare

Child Welfare Provider Inclusion Act of 2021 This bill generally prohibits the federal government, states, tribal nations, or localities from discriminating or taking adverse action against a child welfare provider that declines to provide services due to the provider's sincerely held religious beliefs or moral convictions. However, government entities may still take adverse action against a provider that declines to provide adoption or foster care services based on race, color, or national origin. The Department of Health and Human Services must withhold a portion of federal funding for family services and child welfare activities from a government entity that discriminates against a child welfare provider in violation of this bill. Child welfare providers may also sue the government entity for such discrimination. A prevailing provider may recover reasonable attorney's fees and costs. Furthermore, government entities that accept certain federal funding for family services and child welfare activities must waive sovereign immunity as a defense to lawsuits brought under this bill. (In many cases, sovereign immunity shields states, territories, tribal nations, and some localities against private suits.)

To ensure that organizations with religious or moral convictions are allowed to continue to provide services for children. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Welfare Provider Inclusion Act of 2021''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) Child welfare service providers, both individuals and organizations, have the inherent, fundamental, and inalienable right to free exercise of religion protected by the United States Constitution. (2) The right to free exercise of religion for child welfare service providers includes the freedom to refrain from conduct that conflicts with their sincerely held religious beliefs. (3) Most States provide government-funded child welfare services through various charitable, religious, and private organizations. (4) Religious organizations, in particular, have a lengthy and distinguished history of providing child welfare services that predates government involvement. (5) Religious organizations have long been and should continue contracting with and receiving grants from governmental entities to provide child welfare services. (6) Religious organizations cannot provide certain child welfare services, such as foster-care or adoption placements, without receiving a government contract, grant or license. (7) Religious organizations display particular excellence when providing child welfare services. (8) Children and families benefit greatly from the child welfare services provided by religious organizations. (9) Governmental entities and officials administering federally funded child welfare services in some States, including Massachusetts, California, Illinois, and the District of Columbia, have refused to contract with religious organizations that are unable, due to sincerely held religious beliefs or moral convictions, to provide a child welfare service that conflicts, or under circumstances that conflict, with those beliefs or convictions; and that refusal has forced many religious organizations to end their long and distinguished history of excellence in the provision of child welfare services. (10) Ensuring that religious organizations can continue to provide child welfare services will benefit the children and families that receive those federally funded services. (11) States also provide government-funded child welfare services through individual child welfare service providers with varying religious and moral convictions. (12) Many individual child welfare service providers maintain sincerely held religious beliefs or moral convictions that relate to their work and should not be forced to choose between their livelihood and adherence to those beliefs or convictions. (13) Because governmental entities provide child welfare services through many charitable, religious, and private organizations, each with varying religious beliefs or moral convictions, and through diverse individuals with varying religious beliefs or moral convictions, the religiously impelled inability of some religious organizations or individuals to provide certain services will not have a material effect on a person's ability to access federally funded child welfare services. (14) The provisions of this Act are remedial measures that are congruent and proportional to protecting the constitutional rights of child welfare service providers guaranteed under the Fourteenth Amendment to the United States Constitution. (15) Congress has the authority to pass this Act pursuant to its spending clause power and enforcement power under section 5 of the Fourteenth Amendment to the United States Constitution. (b) Purposes.--The purposes of this Act are as follows: (1) To prohibit governmental entities from discriminating or taking an adverse action against a child welfare service provider on the basis that the provider declines to provide a child welfare service that conflicts, or under circumstances that conflict, with the sincerely held religious beliefs or moral convictions of the provider. (2) To protect child welfare service providers' exercise of religion and to ensure that governmental entities will not be able to force those providers, either directly or indirectly, to discontinue all or some of their child welfare services because they decline to provide a child welfare service that conflicts, or under circumstances that conflict, with their sincerely held religious beliefs or moral convictions. (3) To provide relief to child welfare service providers whose rights have been violated. SEC. 3. DISCRIMINATION AND ADVERSE ACTIONS PROHIBITED. (a) In General.--The Federal Government, and any State that receives Federal funding for any program that provides child welfare services under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq., 671 et seq.) (and any subdivision, office or department of such State) shall not discriminate or take an adverse action against a child welfare service provider on the basis that the provider has declined or will decline to provide, facilitate, or refer for a child welfare service that conflicts with, or under circumstances that conflict with, the provider's sincerely held religious beliefs or moral convictions. (b) Limitation.--Subsection (a) does not apply to conduct forbidden by paragraph (18) of section 471(a) of such Act (42 U.S.C. 671(a)(18)). SEC. 4. FUNDS WITHHELD FOR VIOLATION. The Secretary of Health and Human Services shall withhold from a State 15 percent of the Federal funds the State receives for a program that provides child welfare services under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq., 671 et seq.) if the State violates section 3 when administering or disbursing funds under such program. SEC. 5. PRIVATE RIGHT OF ACTION. (a) In General.--A child welfare service provider aggrieved by a violation of section 3 may assert that violation as a claim or defense in a judicial proceeding and obtain all appropriate relief, including declaratory relief, injunctive relief, and compensatory damages, with respect to that violation. (b) Attorneys' Fees and Costs.--A child welfare service provider that prevails in an action by establishing a violation of section 3 is entitled to recover reasonable attorneys' fees and costs. (c) Waiver of Sovereign Immunity.--By accepting or expending Federal funds in connection with a program that provides child welfare services under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq., 671 et seq.), a State waives its sovereign immunity for any claim or defense that is raised under this section. SEC. 6. SEVERABILITY. If any provision of this Act, or any application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act and the application of the provision to any other person or circumstance shall not be affected. SEC. 7. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), the amendments made by this Act shall take effect on the 1st day of the 1st fiscal year beginning on or after the date of the enactment of this Act, and the withholding of funds authorized by section 4 shall apply to payments under parts B and E of title IV of the Social Security Act (42 U.S.C. 621 et seq., 671 et seq.) for calendar quarters beginning on or after such date. (b) Exception.--If legislation (other than legislation appropriating funds) is required for a governmental entity to bring itself into compliance with this Act, the governmental entity shall not be regarded as violating this Act before the 1st day of the 1st calendar quarter beginning after the 1st regular session of the legislative body that begins after the date of the enactment of this Act. For purposes of the preceding sentence, if the governmental entity has a 2-year legislative session, each year of the session is deemed to be a separate regular session. SEC. 8. DEFINITIONS. In this Act: (1) Child welfare service provider.--The term ``child welfare service provider'' includes organizations, corporations, groups, entities, or individuals that provide or seek to provide, or that apply for or receive a contract, subcontract, grant, or subgrant for the provision of, child welfare services. A provider need not be engaged exclusively in child welfare services to be considered a child welfare service provider for purposes of this Act. (2) Child welfare services.--The term ``child welfare services'' means social services provided to or on behalf of children, including assisting abused, neglected, or troubled children, counseling children or parents, promoting foster parenting, providing foster homes or temporary group shelters for children, recruiting foster parents, placing children in foster homes, licensing foster homes, promoting adoption, recruiting adoptive parents, assisting adoptions, supporting adoptive families, assisting kinship guardianships, assisting kinship caregivers, providing family preservation services, providing family support services, and providing time-limited family reunification services. (3) State.--The term ``State'' means each of the 50 States, the District of Columbia, any commonwealth, territory or possession of the United States, and any political subdivision thereof, and any Indian tribe, tribal organization, or tribal consortium that has a plan approved in accordance with section 479B of the Social Security Act (42 U.S.C. 679c) or that has a cooperative agreement or contract with one of the 50 States for the administration or payment of funds under part B or E of title IV of the Social Security Act. (4) Funding; funded; funds.--The terms ``funding'', ``funded'', or ``funds'' include money paid pursuant to a contract, grant, voucher, or similar means. (5) Adverse action.--The term ``adverse action'' includes, but is not limited to, denying a child welfare service provider's application for funding, refusing to renew the provider's funding, canceling the provider's funding, declining to enter into a contract with the provider, refusing to renew a contract with the provider, canceling a contract with the provider, declining to issue a license to the provider, refusing to renew the provider's license, canceling the provider's license, terminating the provider's employment, or any other adverse action that materially alters the terms or conditions of the provider's employment, funding, contract, or license. <all>

Child Welfare Provider Inclusion Act of 2021

A bill to ensure that organizations with religious or moral convictions are allowed to continue to provide services for children.

Child Welfare Provider Inclusion Act of 2021

Sen. Scott, Tim

R

SC

This bill generally prohibits the federal government, states, tribal nations, or localities from discriminating or taking adverse action against a child welfare provider that declines to provide services due to the provider's sincerely held religious beliefs or moral convictions. However, government entities may still take adverse action against a provider that declines to provide adoption or foster care services based on race, color, or national origin. The Department of Health and Human Services must withhold a portion of federal funding for family services and child welfare activities from a government entity that discriminates against a child welfare provider in violation of this bill. Child welfare providers may also sue the government entity for such discrimination. A prevailing provider may recover reasonable attorney's fees and costs. Furthermore, government entities that accept certain federal funding for family services and child welfare activities must waive sovereign immunity as a defense to lawsuits brought under this bill. (In many cases, sovereign immunity shields states, territories, tribal nations, and some localities against private suits.)

To ensure that organizations with religious or moral convictions are allowed to continue to provide services for children. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 2. (2) The right to free exercise of religion for child welfare service providers includes the freedom to refrain from conduct that conflicts with their sincerely held religious beliefs. 3. DISCRIMINATION AND ADVERSE ACTIONS PROHIBITED. (a) In General.--The Federal Government, and any State that receives Federal funding for any program that provides child welfare services under part B or E of title IV of the Social Security Act (42 U.S.C. 4. FUNDS WITHHELD FOR VIOLATION. if the State violates section 3 when administering or disbursing funds under such program. 5. PRIVATE RIGHT OF ACTION. ), a State waives its sovereign immunity for any claim or defense that is raised under this section. 6. If any provision of this Act, or any application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act and the application of the provision to any other person or circumstance shall not be affected. 7. 621 et seq., 671 et seq.) for calendar quarters beginning on or after such date. For purposes of the preceding sentence, if the governmental entity has a 2-year legislative session, each year of the session is deemed to be a separate regular session. SEC. 8. A provider need not be engaged exclusively in child welfare services to be considered a child welfare service provider for purposes of this Act. (2) Child welfare services.--The term ``child welfare services'' means social services provided to or on behalf of children, including assisting abused, neglected, or troubled children, counseling children or parents, promoting foster parenting, providing foster homes or temporary group shelters for children, recruiting foster parents, placing children in foster homes, licensing foster homes, promoting adoption, recruiting adoptive parents, assisting adoptions, supporting adoptive families, assisting kinship guardianships, assisting kinship caregivers, providing family preservation services, providing family support services, and providing time-limited family reunification services. (4) Funding; funded; funds.--The terms ``funding'', ``funded'', or ``funds'' include money paid pursuant to a contract, grant, voucher, or similar means. (5) Adverse action.--The term ``adverse action'' includes, but is not limited to, denying a child welfare service provider's application for funding, refusing to renew the provider's funding, canceling the provider's funding, declining to enter into a contract with the provider, refusing to renew a contract with the provider, canceling a contract with the provider, declining to issue a license to the provider, refusing to renew the provider's license, canceling the provider's license, terminating the provider's employment, or any other adverse action that materially alters the terms or conditions of the provider's employment, funding, contract, or license.

To ensure that organizations with religious or moral convictions are allowed to continue to provide services for children. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 2. (2) The right to free exercise of religion for child welfare service providers includes the freedom to refrain from conduct that conflicts with their sincerely held religious beliefs. 3. DISCRIMINATION AND ADVERSE ACTIONS PROHIBITED. (a) In General.--The Federal Government, and any State that receives Federal funding for any program that provides child welfare services under part B or E of title IV of the Social Security Act (42 U.S.C. 4. FUNDS WITHHELD FOR VIOLATION. if the State violates section 3 when administering or disbursing funds under such program. 5. PRIVATE RIGHT OF ACTION. ), a State waives its sovereign immunity for any claim or defense that is raised under this section. 6. If any provision of this Act, or any application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act and the application of the provision to any other person or circumstance shall not be affected. 7. 621 et seq., 671 et seq.) for calendar quarters beginning on or after such date. For purposes of the preceding sentence, if the governmental entity has a 2-year legislative session, each year of the session is deemed to be a separate regular session. SEC. 8. A provider need not be engaged exclusively in child welfare services to be considered a child welfare service provider for purposes of this Act. (2) Child welfare services.--The term ``child welfare services'' means social services provided to or on behalf of children, including assisting abused, neglected, or troubled children, counseling children or parents, promoting foster parenting, providing foster homes or temporary group shelters for children, recruiting foster parents, placing children in foster homes, licensing foster homes, promoting adoption, recruiting adoptive parents, assisting adoptions, supporting adoptive families, assisting kinship guardianships, assisting kinship caregivers, providing family preservation services, providing family support services, and providing time-limited family reunification services. (4) Funding; funded; funds.--The terms ``funding'', ``funded'', or ``funds'' include money paid pursuant to a contract, grant, voucher, or similar means.

To ensure that organizations with religious or moral convictions are allowed to continue to provide services for children. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 2. FINDINGS AND PURPOSES. (2) The right to free exercise of religion for child welfare service providers includes the freedom to refrain from conduct that conflicts with their sincerely held religious beliefs. (13) Because governmental entities provide child welfare services through many charitable, religious, and private organizations, each with varying religious beliefs or moral convictions, and through diverse individuals with varying religious beliefs or moral convictions, the religiously impelled inability of some religious organizations or individuals to provide certain services will not have a material effect on a person's ability to access federally funded child welfare services. (15) Congress has the authority to pass this Act pursuant to its spending clause power and enforcement power under section 5 of the Fourteenth Amendment to the United States Constitution. 3. DISCRIMINATION AND ADVERSE ACTIONS PROHIBITED. (a) In General.--The Federal Government, and any State that receives Federal funding for any program that provides child welfare services under part B or E of title IV of the Social Security Act (42 U.S.C. 671(a)(18)). 4. FUNDS WITHHELD FOR VIOLATION. if the State violates section 3 when administering or disbursing funds under such program. 5. PRIVATE RIGHT OF ACTION. (a) In General.--A child welfare service provider aggrieved by a violation of section 3 may assert that violation as a claim or defense in a judicial proceeding and obtain all appropriate relief, including declaratory relief, injunctive relief, and compensatory damages, with respect to that violation. (b) Attorneys' Fees and Costs.--A child welfare service provider that prevails in an action by establishing a violation of section 3 is entitled to recover reasonable attorneys' fees and costs. ), a State waives its sovereign immunity for any claim or defense that is raised under this section. 6. SEVERABILITY. If any provision of this Act, or any application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act and the application of the provision to any other person or circumstance shall not be affected. 7. 621 et seq., 671 et seq.) for calendar quarters beginning on or after such date. (b) Exception.--If legislation (other than legislation appropriating funds) is required for a governmental entity to bring itself into compliance with this Act, the governmental entity shall not be regarded as violating this Act before the 1st day of the 1st calendar quarter beginning after the 1st regular session of the legislative body that begins after the date of the enactment of this Act. For purposes of the preceding sentence, if the governmental entity has a 2-year legislative session, each year of the session is deemed to be a separate regular session. SEC. 8. DEFINITIONS. A provider need not be engaged exclusively in child welfare services to be considered a child welfare service provider for purposes of this Act. (2) Child welfare services.--The term ``child welfare services'' means social services provided to or on behalf of children, including assisting abused, neglected, or troubled children, counseling children or parents, promoting foster parenting, providing foster homes or temporary group shelters for children, recruiting foster parents, placing children in foster homes, licensing foster homes, promoting adoption, recruiting adoptive parents, assisting adoptions, supporting adoptive families, assisting kinship guardianships, assisting kinship caregivers, providing family preservation services, providing family support services, and providing time-limited family reunification services. (4) Funding; funded; funds.--The terms ``funding'', ``funded'', or ``funds'' include money paid pursuant to a contract, grant, voucher, or similar means. (5) Adverse action.--The term ``adverse action'' includes, but is not limited to, denying a child welfare service provider's application for funding, refusing to renew the provider's funding, canceling the provider's funding, declining to enter into a contract with the provider, refusing to renew a contract with the provider, canceling a contract with the provider, declining to issue a license to the provider, refusing to renew the provider's license, canceling the provider's license, terminating the provider's employment, or any other adverse action that materially alters the terms or conditions of the provider's employment, funding, contract, or license.

To ensure that organizations with religious or moral convictions are allowed to continue to provide services for children. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. FINDINGS AND PURPOSES. (2) The right to free exercise of religion for child welfare service providers includes the freedom to refrain from conduct that conflicts with their sincerely held religious beliefs. (4) Religious organizations, in particular, have a lengthy and distinguished history of providing child welfare services that predates government involvement. (12) Many individual child welfare service providers maintain sincerely held religious beliefs or moral convictions that relate to their work and should not be forced to choose between their livelihood and adherence to those beliefs or convictions. (13) Because governmental entities provide child welfare services through many charitable, religious, and private organizations, each with varying religious beliefs or moral convictions, and through diverse individuals with varying religious beliefs or moral convictions, the religiously impelled inability of some religious organizations or individuals to provide certain services will not have a material effect on a person's ability to access federally funded child welfare services. (14) The provisions of this Act are remedial measures that are congruent and proportional to protecting the constitutional rights of child welfare service providers guaranteed under the Fourteenth Amendment to the United States Constitution. (15) Congress has the authority to pass this Act pursuant to its spending clause power and enforcement power under section 5 of the Fourteenth Amendment to the United States Constitution. 3. DISCRIMINATION AND ADVERSE ACTIONS PROHIBITED. (a) In General.--The Federal Government, and any State that receives Federal funding for any program that provides child welfare services under part B or E of title IV of the Social Security Act (42 U.S.C. (and any subdivision, office or department of such State) shall not discriminate or take an adverse action against a child welfare service provider on the basis that the provider has declined or will decline to provide, facilitate, or refer for a child welfare service that conflicts with, or under circumstances that conflict with, the provider's sincerely held religious beliefs or moral convictions. (b) Limitation.--Subsection (a) does not apply to conduct forbidden by paragraph (18) of section 471(a) of such Act (42 U.S.C. 671(a)(18)). 4. FUNDS WITHHELD FOR VIOLATION. if the State violates section 3 when administering or disbursing funds under such program. 5. PRIVATE RIGHT OF ACTION. (a) In General.--A child welfare service provider aggrieved by a violation of section 3 may assert that violation as a claim or defense in a judicial proceeding and obtain all appropriate relief, including declaratory relief, injunctive relief, and compensatory damages, with respect to that violation. (b) Attorneys' Fees and Costs.--A child welfare service provider that prevails in an action by establishing a violation of section 3 is entitled to recover reasonable attorneys' fees and costs. ), a State waives its sovereign immunity for any claim or defense that is raised under this section. 6. SEVERABILITY. If any provision of this Act, or any application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act and the application of the provision to any other person or circumstance shall not be affected. 7. EFFECTIVE DATE. 621 et seq., 671 et seq.) for calendar quarters beginning on or after such date. (b) Exception.--If legislation (other than legislation appropriating funds) is required for a governmental entity to bring itself into compliance with this Act, the governmental entity shall not be regarded as violating this Act before the 1st day of the 1st calendar quarter beginning after the 1st regular session of the legislative body that begins after the date of the enactment of this Act. For purposes of the preceding sentence, if the governmental entity has a 2-year legislative session, each year of the session is deemed to be a separate regular session. SEC. 8. DEFINITIONS. A provider need not be engaged exclusively in child welfare services to be considered a child welfare service provider for purposes of this Act. (2) Child welfare services.--The term ``child welfare services'' means social services provided to or on behalf of children, including assisting abused, neglected, or troubled children, counseling children or parents, promoting foster parenting, providing foster homes or temporary group shelters for children, recruiting foster parents, placing children in foster homes, licensing foster homes, promoting adoption, recruiting adoptive parents, assisting adoptions, supporting adoptive families, assisting kinship guardianships, assisting kinship caregivers, providing family preservation services, providing family support services, and providing time-limited family reunification services. (3) State.--The term ``State'' means each of the 50 States, the District of Columbia, any commonwealth, territory or possession of the United States, and any political subdivision thereof, and any Indian tribe, tribal organization, or tribal consortium that has a plan approved in accordance with section 479B of the Social Security Act (42 U.S.C. 679c) or that has a cooperative agreement or contract with one of the 50 States for the administration or payment of funds under part B or E of title IV of the Social Security Act. (4) Funding; funded; funds.--The terms ``funding'', ``funded'', or ``funds'' include money paid pursuant to a contract, grant, voucher, or similar means. (5) Adverse action.--The term ``adverse action'' includes, but is not limited to, denying a child welfare service provider's application for funding, refusing to renew the provider's funding, canceling the provider's funding, declining to enter into a contract with the provider, refusing to renew a contract with the provider, canceling a contract with the provider, declining to issue a license to the provider, refusing to renew the provider's license, canceling the provider's license, terminating the provider's employment, or any other adverse action that materially alters the terms or conditions of the provider's employment, funding, contract, or license.

To ensure that organizations with religious or moral convictions are allowed to continue to provide services for children. 4) Religious organizations, in particular, have a lengthy and distinguished history of providing child welfare services that predates government involvement. ( 7) Religious organizations display particular excellence when providing child welfare services. ( 10) Ensuring that religious organizations can continue to provide child welfare services will benefit the children and families that receive those federally funded services. ( 12) Many individual child welfare service providers maintain sincerely held religious beliefs or moral convictions that relate to their work and should not be forced to choose between their livelihood and adherence to those beliefs or convictions. ( (14) The provisions of this Act are remedial measures that are congruent and proportional to protecting the constitutional rights of child welfare service providers guaranteed under the Fourteenth Amendment to the United States Constitution. ( b) Purposes.--The purposes of this Act are as follows: (1) To prohibit governmental entities from discriminating or taking an adverse action against a child welfare service provider on the basis that the provider declines to provide a child welfare service that conflicts, or under circumstances that conflict, with the sincerely held religious beliefs or moral convictions of the provider. ( and any subdivision, office or department of such State) shall not discriminate or take an adverse action against a child welfare service provider on the basis that the provider has declined or will decline to provide, facilitate, or refer for a child welfare service that conflicts with, or under circumstances that conflict with, the provider's sincerely held religious beliefs or moral convictions. ( The Secretary of Health and Human Services shall withhold from a State 15 percent of the Federal funds the State receives for a program that provides child welfare services under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq., (b) Attorneys' Fees and Costs.--A child welfare service provider that prevails in an action by establishing a violation of section 3 is entitled to recover reasonable attorneys' fees and costs. ( a) In General.--Except as provided in subsection (b), the amendments made by this Act shall take effect on the 1st day of the 1st fiscal year beginning on or after the date of the enactment of this Act, and the withholding of funds authorized by section 4 shall apply to payments under parts B and E of title IV of the Social Security Act (42 U.S.C. 621 et seq., (b) Exception.--If legislation (other than legislation appropriating funds) is required for a governmental entity to bring itself into compliance with this Act, the governmental entity shall not be regarded as violating this Act before the 1st day of the 1st calendar quarter beginning after the 1st regular session of the legislative body that begins after the date of the enactment of this Act. For purposes of the preceding sentence, if the governmental entity has a 2-year legislative session, each year of the session is deemed to be a separate regular session. (3) State.--The term ``State'' means each of the 50 States, the District of Columbia, any commonwealth, territory or possession of the United States, and any political subdivision thereof, and any Indian tribe, tribal organization, or tribal consortium that has a plan approved in accordance with section 479B of the Social Security Act (42 U.S.C. 679c) or that has a cooperative agreement or contract with one of the 50 States for the administration or payment of funds under part B or E of title IV of the Social Security Act. ( 4) Funding; funded; funds.--The terms ``funding'', ``funded'', or ``funds'' include money paid pursuant to a contract, grant, voucher, or similar means. (

To ensure that organizations with religious or moral convictions are allowed to continue to provide services for children. 4) Religious organizations, in particular, have a lengthy and distinguished history of providing child welfare services that predates government involvement. ( 7) Religious organizations display particular excellence when providing child welfare services. ( (12) Many individual child welfare service providers maintain sincerely held religious beliefs or moral convictions that relate to their work and should not be forced to choose between their livelihood and adherence to those beliefs or convictions. ( b) Purposes.--The purposes of this Act are as follows: (1) To prohibit governmental entities from discriminating or taking an adverse action against a child welfare service provider on the basis that the provider declines to provide a child welfare service that conflicts, or under circumstances that conflict, with the sincerely held religious beliefs or moral convictions of the provider. ( (and any subdivision, office or department of such State) shall not discriminate or take an adverse action against a child welfare service provider on the basis that the provider has declined or will decline to provide, facilitate, or refer for a child welfare service that conflicts with, or under circumstances that conflict with, the provider's sincerely held religious beliefs or moral convictions. ( The Secretary of Health and Human Services shall withhold from a State 15 percent of the Federal funds the State receives for a program that provides child welfare services under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq., PRIVATE RIGHT OF ACTION. ( (a) In General.--Except as provided in subsection (b), the amendments made by this Act shall take effect on the 1st day of the 1st fiscal year beginning on or after the date of the enactment of this Act, and the withholding of funds authorized by section 4 shall apply to payments under parts B and E of title IV of the Social Security Act (42 U.S.C. 621 et seq., b) Exception.--If legislation (other than legislation appropriating funds) is required for a governmental entity to bring itself into compliance with this Act, the governmental entity shall not be regarded as violating this Act before the 1st day of the 1st calendar quarter beginning after the 1st regular session of the legislative body that begins after the date of the enactment of this Act. (3) State.--The term ``State'' means each of the 50 States, the District of Columbia, any commonwealth, territory or possession of the United States, and any political subdivision thereof, and any Indian tribe, tribal organization, or tribal consortium that has a plan approved in accordance with section 479B of the Social Security Act (42 U.S.C. 679c) or that has a cooperative agreement or contract with one of the 50 States for the administration or payment of funds under part B or E of title IV of the Social Security Act. ( 4) Funding; funded; funds.--The terms ``funding'', ``funded'', or ``funds'' include money paid pursuant to a contract, grant, voucher, or similar means. (

To ensure that organizations with religious or moral convictions are allowed to continue to provide services for children. 4) Religious organizations, in particular, have a lengthy and distinguished history of providing child welfare services that predates government involvement. ( 7) Religious organizations display particular excellence when providing child welfare services. ( (12) Many individual child welfare service providers maintain sincerely held religious beliefs or moral convictions that relate to their work and should not be forced to choose between their livelihood and adherence to those beliefs or convictions. ( b) Purposes.--The purposes of this Act are as follows: (1) To prohibit governmental entities from discriminating or taking an adverse action against a child welfare service provider on the basis that the provider declines to provide a child welfare service that conflicts, or under circumstances that conflict, with the sincerely held religious beliefs or moral convictions of the provider. ( (and any subdivision, office or department of such State) shall not discriminate or take an adverse action against a child welfare service provider on the basis that the provider has declined or will decline to provide, facilitate, or refer for a child welfare service that conflicts with, or under circumstances that conflict with, the provider's sincerely held religious beliefs or moral convictions. ( The Secretary of Health and Human Services shall withhold from a State 15 percent of the Federal funds the State receives for a program that provides child welfare services under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq., PRIVATE RIGHT OF ACTION. ( (a) In General.--Except as provided in subsection (b), the amendments made by this Act shall take effect on the 1st day of the 1st fiscal year beginning on or after the date of the enactment of this Act, and the withholding of funds authorized by section 4 shall apply to payments under parts B and E of title IV of the Social Security Act (42 U.S.C. 621 et seq., b) Exception.--If legislation (other than legislation appropriating funds) is required for a governmental entity to bring itself into compliance with this Act, the governmental entity shall not be regarded as violating this Act before the 1st day of the 1st calendar quarter beginning after the 1st regular session of the legislative body that begins after the date of the enactment of this Act. (3) State.--The term ``State'' means each of the 50 States, the District of Columbia, any commonwealth, territory or possession of the United States, and any political subdivision thereof, and any Indian tribe, tribal organization, or tribal consortium that has a plan approved in accordance with section 479B of the Social Security Act (42 U.S.C. 679c) or that has a cooperative agreement or contract with one of the 50 States for the administration or payment of funds under part B or E of title IV of the Social Security Act. ( 4) Funding; funded; funds.--The terms ``funding'', ``funded'', or ``funds'' include money paid pursuant to a contract, grant, voucher, or similar means. (

To ensure that organizations with religious or moral convictions are allowed to continue to provide services for children. 4) Religious organizations, in particular, have a lengthy and distinguished history of providing child welfare services that predates government involvement. ( 7) Religious organizations display particular excellence when providing child welfare services. ( 10) Ensuring that religious organizations can continue to provide child welfare services will benefit the children and families that receive those federally funded services. ( 12) Many individual child welfare service providers maintain sincerely held religious beliefs or moral convictions that relate to their work and should not be forced to choose between their livelihood and adherence to those beliefs or convictions. ( (14) The provisions of this Act are remedial measures that are congruent and proportional to protecting the constitutional rights of child welfare service providers guaranteed under the Fourteenth Amendment to the United States Constitution. ( b) Purposes.--The purposes of this Act are as follows: (1) To prohibit governmental entities from discriminating or taking an adverse action against a child welfare service provider on the basis that the provider declines to provide a child welfare service that conflicts, or under circumstances that conflict, with the sincerely held religious beliefs or moral convictions of the provider. ( and any subdivision, office or department of such State) shall not discriminate or take an adverse action against a child welfare service provider on the basis that the provider has declined or will decline to provide, facilitate, or refer for a child welfare service that conflicts with, or under circumstances that conflict with, the provider's sincerely held religious beliefs or moral convictions. ( The Secretary of Health and Human Services shall withhold from a State 15 percent of the Federal funds the State receives for a program that provides child welfare services under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq., (b) Attorneys' Fees and Costs.--A child welfare service provider that prevails in an action by establishing a violation of section 3 is entitled to recover reasonable attorneys' fees and costs. ( a) In General.--Except as provided in subsection (b), the amendments made by this Act shall take effect on the 1st day of the 1st fiscal year beginning on or after the date of the enactment of this Act, and the withholding of funds authorized by section 4 shall apply to payments under parts B and E of title IV of the Social Security Act (42 U.S.C. 621 et seq., (b) Exception.--If legislation (other than legislation appropriating funds) is required for a governmental entity to bring itself into compliance with this Act, the governmental entity shall not be regarded as violating this Act before the 1st day of the 1st calendar quarter beginning after the 1st regular session of the legislative body that begins after the date of the enactment of this Act. For purposes of the preceding sentence, if the governmental entity has a 2-year legislative session, each year of the session is deemed to be a separate regular session. (3) State.--The term ``State'' means each of the 50 States, the District of Columbia, any commonwealth, territory or possession of the United States, and any political subdivision thereof, and any Indian tribe, tribal organization, or tribal consortium that has a plan approved in accordance with section 479B of the Social Security Act (42 U.S.C. 679c) or that has a cooperative agreement or contract with one of the 50 States for the administration or payment of funds under part B or E of title IV of the Social Security Act. ( 4) Funding; funded; funds.--The terms ``funding'', ``funded'', or ``funds'' include money paid pursuant to a contract, grant, voucher, or similar means. (

To ensure that organizations with religious or moral convictions are allowed to continue to provide services for children. 4) Religious organizations, in particular, have a lengthy and distinguished history of providing child welfare services that predates government involvement. ( 7) Religious organizations display particular excellence when providing child welfare services. ( (12) Many individual child welfare service providers maintain sincerely held religious beliefs or moral convictions that relate to their work and should not be forced to choose between their livelihood and adherence to those beliefs or convictions. ( b) Purposes.--The purposes of this Act are as follows: (1) To prohibit governmental entities from discriminating or taking an adverse action against a child welfare service provider on the basis that the provider declines to provide a child welfare service that conflicts, or under circumstances that conflict, with the sincerely held religious beliefs or moral convictions of the provider. ( (and any subdivision, office or department of such State) shall not discriminate or take an adverse action against a child welfare service provider on the basis that the provider has declined or will decline to provide, facilitate, or refer for a child welfare service that conflicts with, or under circumstances that conflict with, the provider's sincerely held religious beliefs or moral convictions. ( The Secretary of Health and Human Services shall withhold from a State 15 percent of the Federal funds the State receives for a program that provides child welfare services under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq., PRIVATE RIGHT OF ACTION. ( (a) In General.--Except as provided in subsection (b), the amendments made by this Act shall take effect on the 1st day of the 1st fiscal year beginning on or after the date of the enactment of this Act, and the withholding of funds authorized by section 4 shall apply to payments under parts B and E of title IV of the Social Security Act (42 U.S.C. 621 et seq., b) Exception.--If legislation (other than legislation appropriating funds) is required for a governmental entity to bring itself into compliance with this Act, the governmental entity shall not be regarded as violating this Act before the 1st day of the 1st calendar quarter beginning after the 1st regular session of the legislative body that begins after the date of the enactment of this Act. (3) State.--The term ``State'' means each of the 50 States, the District of Columbia, any commonwealth, territory or possession of the United States, and any political subdivision thereof, and any Indian tribe, tribal organization, or tribal consortium that has a plan approved in accordance with section 479B of the Social Security Act (42 U.S.C. 679c) or that has a cooperative agreement or contract with one of the 50 States for the administration or payment of funds under part B or E of title IV of the Social Security Act. ( 4) Funding; funded; funds.--The terms ``funding'', ``funded'', or ``funds'' include money paid pursuant to a contract, grant, voucher, or similar means. (

To ensure that organizations with religious or moral convictions are allowed to continue to provide services for children. 4) Religious organizations, in particular, have a lengthy and distinguished history of providing child welfare services that predates government involvement. ( 7) Religious organizations display particular excellence when providing child welfare services. ( 10) Ensuring that religious organizations can continue to provide child welfare services will benefit the children and families that receive those federally funded services. ( 12) Many individual child welfare service providers maintain sincerely held religious beliefs or moral convictions that relate to their work and should not be forced to choose between their livelihood and adherence to those beliefs or convictions. ( (14) The provisions of this Act are remedial measures that are congruent and proportional to protecting the constitutional rights of child welfare service providers guaranteed under the Fourteenth Amendment to the United States Constitution. ( b) Purposes.--The purposes of this Act are as follows: (1) To prohibit governmental entities from discriminating or taking an adverse action against a child welfare service provider on the basis that the provider declines to provide a child welfare service that conflicts, or under circumstances that conflict, with the sincerely held religious beliefs or moral convictions of the provider. ( and any subdivision, office or department of such State) shall not discriminate or take an adverse action against a child welfare service provider on the basis that the provider has declined or will decline to provide, facilitate, or refer for a child welfare service that conflicts with, or under circumstances that conflict with, the provider's sincerely held religious beliefs or moral convictions. ( The Secretary of Health and Human Services shall withhold from a State 15 percent of the Federal funds the State receives for a program that provides child welfare services under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq., (b) Attorneys' Fees and Costs.--A child welfare service provider that prevails in an action by establishing a violation of section 3 is entitled to recover reasonable attorneys' fees and costs. ( a) In General.--Except as provided in subsection (b), the amendments made by this Act shall take effect on the 1st day of the 1st fiscal year beginning on or after the date of the enactment of this Act, and the withholding of funds authorized by section 4 shall apply to payments under parts B and E of title IV of the Social Security Act (42 U.S.C. 621 et seq., (b) Exception.--If legislation (other than legislation appropriating funds) is required for a governmental entity to bring itself into compliance with this Act, the governmental entity shall not be regarded as violating this Act before the 1st day of the 1st calendar quarter beginning after the 1st regular session of the legislative body that begins after the date of the enactment of this Act. For purposes of the preceding sentence, if the governmental entity has a 2-year legislative session, each year of the session is deemed to be a separate regular session. (3) State.--The term ``State'' means each of the 50 States, the District of Columbia, any commonwealth, territory or possession of the United States, and any political subdivision thereof, and any Indian tribe, tribal organization, or tribal consortium that has a plan approved in accordance with section 479B of the Social Security Act (42 U.S.C. 679c) or that has a cooperative agreement or contract with one of the 50 States for the administration or payment of funds under part B or E of title IV of the Social Security Act. ( 4) Funding; funded; funds.--The terms ``funding'', ``funded'', or ``funds'' include money paid pursuant to a contract, grant, voucher, or similar means. (

To ensure that organizations with religious or moral convictions are allowed to continue to provide services for children. b) Purposes.--The purposes of this Act are as follows: (1) To prohibit governmental entities from discriminating or taking an adverse action against a child welfare service provider on the basis that the provider declines to provide a child welfare service that conflicts, or under circumstances that conflict, with the sincerely held religious beliefs or moral convictions of the provider. ( ( b) Exception.--If legislation (other than legislation appropriating funds) is required for a governmental entity to bring itself into compliance with this Act, the governmental entity shall not be regarded as violating this Act before the 1st day of the 1st calendar quarter beginning after the 1st regular session of the legislative body that begins after the date of the enactment of this Act. ( 3) State.--The term ``State'' means each of the 50 States, the District of Columbia, any commonwealth, territory or possession of the United States, and any political subdivision thereof, and any Indian tribe, tribal organization, or tribal consortium that has a plan approved in accordance with section 479B of the Social Security Act (42 U.S.C. 679c) or that has a cooperative agreement or contract with one of the 50 States for the administration or payment of funds under part B or E of title IV of the Social Security Act. (

To ensure that organizations with religious or moral convictions are allowed to continue to provide services for children. 14) The provisions of this Act are remedial measures that are congruent and proportional to protecting the constitutional rights of child welfare service providers guaranteed under the Fourteenth Amendment to the United States Constitution. ( ( and any subdivision, office or department of such State) shall not discriminate or take an adverse action against a child welfare service provider on the basis that the provider has declined or will decline to provide, facilitate, or refer for a child welfare service that conflicts with, or under circumstances that conflict with, the provider's sincerely held religious beliefs or moral convictions. ( The Secretary of Health and Human Services shall withhold from a State 15 percent of the Federal funds the State receives for a program that provides child welfare services under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq., ( b) Exception.--If legislation (other than legislation appropriating funds) is required for a governmental entity to bring itself into compliance with this Act, the governmental entity shall not be regarded as violating this Act before the 1st day of the 1st calendar quarter beginning after the 1st regular session of the legislative body that begins after the date of the enactment of this Act. 3) State.--The term ``State'' means each of the 50 States, the District of Columbia, any commonwealth, territory or possession of the United States, and any political subdivision thereof, and any Indian tribe, tribal organization, or tribal consortium that has a plan approved in accordance with section 479B of the Social Security Act (42 U.S.C. 679c) or that has a cooperative agreement or contract with one of the 50 States for the administration or payment of funds under part B or E of title IV of the Social Security Act. (

To ensure that organizations with religious or moral convictions are allowed to continue to provide services for children. b) Purposes.--The purposes of this Act are as follows: (1) To prohibit governmental entities from discriminating or taking an adverse action against a child welfare service provider on the basis that the provider declines to provide a child welfare service that conflicts, or under circumstances that conflict, with the sincerely held religious beliefs or moral convictions of the provider. ( ( b) Exception.--If legislation (other than legislation appropriating funds) is required for a governmental entity to bring itself into compliance with this Act, the governmental entity shall not be regarded as violating this Act before the 1st day of the 1st calendar quarter beginning after the 1st regular session of the legislative body that begins after the date of the enactment of this Act. ( 3) State.--The term ``State'' means each of the 50 States, the District of Columbia, any commonwealth, territory or possession of the United States, and any political subdivision thereof, and any Indian tribe, tribal organization, or tribal consortium that has a plan approved in accordance with section 479B of the Social Security Act (42 U.S.C. 679c) or that has a cooperative agreement or contract with one of the 50 States for the administration or payment of funds under part B or E of title IV of the Social Security Act. (

To ensure that organizations with religious or moral convictions are allowed to continue to provide services for children. 14) The provisions of this Act are remedial measures that are congruent and proportional to protecting the constitutional rights of child welfare service providers guaranteed under the Fourteenth Amendment to the United States Constitution. ( ( and any subdivision, office or department of such State) shall not discriminate or take an adverse action against a child welfare service provider on the basis that the provider has declined or will decline to provide, facilitate, or refer for a child welfare service that conflicts with, or under circumstances that conflict with, the provider's sincerely held religious beliefs or moral convictions. ( The Secretary of Health and Human Services shall withhold from a State 15 percent of the Federal funds the State receives for a program that provides child welfare services under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq., ( b) Exception.--If legislation (other than legislation appropriating funds) is required for a governmental entity to bring itself into compliance with this Act, the governmental entity shall not be regarded as violating this Act before the 1st day of the 1st calendar quarter beginning after the 1st regular session of the legislative body that begins after the date of the enactment of this Act. 3) State.--The term ``State'' means each of the 50 States, the District of Columbia, any commonwealth, territory or possession of the United States, and any political subdivision thereof, and any Indian tribe, tribal organization, or tribal consortium that has a plan approved in accordance with section 479B of the Social Security Act (42 U.S.C. 679c) or that has a cooperative agreement or contract with one of the 50 States for the administration or payment of funds under part B or E of title IV of the Social Security Act. (

Child Welfare Provider Inclusion Act of 2021 - Prohibits the Federal Government, and any state that receives federal funding for any program that provides child welfare services, from discriminating or taking an adverse action against a child welfare service provider on the basis that the provider declines to provide a service that conflicts, or under circumstances that conflict, with the provider's sincerely held religious beliefs or moral convictions Amends title IV (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to: (1) make the amendments made by this Act effective on the first day of the 1st fiscal year beginning on or after the date of the enactment of this Act; and (2) apply the withholding of funds authorized by such Act to payments under OAS

S.2289

Taxation

Lead-Free America Bonds Act of 2021 This bill allows issuers of qualified lead drinking water service line bonds a credit for interest payments under such bonds. The bill defines qualified lead drinking water service line bond as any bond issue (other than a private activity bond) if 100% of the available project proceeds of such issue are used to replace lead components of one or more eligible public water systems that are not lead free.

To amend the Internal Revenue Code of 1986 to provide for direct-pay credit bonds in the case of certain bonds the proceeds of which are used for the replacement of lead drinking water service lines. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Lead-Free America Bonds Act of 2021''. SEC. 2. CREDIT TO ISSUER FOR LEAD DRINKING WATER SERVICE LINE BONDS. (a) In General.--Subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 6431. CREDIT ALLOWED TO ISSUER FOR LEAD DRINKING WATER SERVICE LINE BONDS. ``(a) In General.--In the case of a qualified lead drinking water service line bond, the issuer of such bond shall be allowed a credit with respect to each interest payment under such bond which shall be payable by the Secretary as provided in subsection (b). ``(b) Payment of Credit.-- ``(1) In general.--The Secretary shall pay (contemporaneously with each date on which interest is so payable) to the issuer of such bond (or to any person who makes such interest payments on behalf of such issuer) an amount equal to so much of such interest that is payable at a rate not in excess of the applicable interest rate determined under paragraph (2). ``(2) Applicable interest rate.-- ``(A) In general.--The applicable interest rate determined under this paragraph for any qualified lead drinking water service line bond shall be the rate which the Secretary estimates will permit the issuance of qualified lead drinking water service line bonds with a specified maturity or redemption date without discount and without additional interest cost. ``(B) Procedure for rate determinations.-- ``(i) In general.--Such rate with respect to any qualified lead drinking water service line bond shall be determined as of the first day on which there is a binding, written contract for the sale or exchange of the bond. ``(ii) Method and frequency.--For purposes of this paragraph, the Secretary will determine and announce credit rates daily for qualified lead drinking water service line bonds based on the Secretary's estimate of the yields on outstanding bonds from market sectors selected at the discretion of the Secretary that, for the business day immediately preceding the sale date of the bonds, have an investment grade rating of between A and BBB for bonds of a similar maturity and for which the interest would be included in gross income. ``(c) Qualified Lead Drinking Water Service Line Bond.-- ``(1) In general.--For purposes of this section, the term `qualified lead drinking water service line bond' means any bond (other than a private activity bond) issued as part of an issue if-- ``(A) 100 percent of the available project proceeds of such issue are to be used for replacing lead components of 1 or more eligible public water systems that are not lead free, including any publicly or privately owned portion of a lead service line of the eligible public water system, ``(B) the interest on such bond would (but for this section) be excludable from gross income under section 103, ``(C) the issue price has not more than a de minimis amount (determined under rules similar to the rules of section 1273(a)(3)) of premium over the stated principal amount of the bond, and ``(D) prior to the issuance of such bond, the issuer makes an irrevocable election to have this section apply. Except upon approval by the Environmental Protection Agency for circumstances in which there are emergent public health risks, none of the available project proceeds of such issue shall be used for a partial lead service line replacement. ``(2) Applicable rules.--For purposes of applying paragraph (1)-- ``(A) Not treated as federally guaranteed.--For purposes of section 149(b), a qualified lead drinking water service line bond shall not be treated as federally guaranteed by reason of the credit allowed under this section. ``(B) Application of arbitrage rules.--For purposes of section 148, the yield on a qualified lead drinking water service line bond shall be reduced by the credit allowed under this section. ``(d) Definition and Special Rules.--For purposes of this section-- ``(1) Interest includible in gross income.--For purposes of this title, interest on any qualified lead drinking water service line bond shall be includible in gross income. ``(2) Eligible public water system.-- ``(A) In general.--The term `eligible public water system' means, with respect to any bond-- ``(i) in the case of a public water system with respect to which the owner or operator was, during the 6-year period preceding the date of enactment of the Lead-Free America Bonds Act of 2021, required to give lead action level notice, such bond was issued during the 3-year period subsequent to the date of enactment of such Act, or ``(ii) in the case of a public water system with respect to which the owner or operator was, at any time subsequent to the date of enactment of the Lead-Free America Bonds Act of 2021, required to give lead action level notice, such bond was issued during the 3-year period subsequent to such notice. ``(B) Public water system.--The term `public water system' has the meaning given such term in section 1401(4) of such Act (42 U.S.C. 300f(4)). ``(C) Lead free.--The term `lead free' has the meaning given such term in section 1417(d) of such Act (42 U.S.C. 300g-6(d)). ``(D) Lead service line.--The term `lead service line' has the meaning given such term in section 1459B(a)(4) of such Act (42 U.S.C. 300j-19b(a)(4)). ``(E) Lead action level notice.--The term `lead action level notice' means notice under section 1414(c)(1)(D) of the Safe Water Drinking Act (42 U.S.C. 300g- 3(c)(1)(D)) that the public water system exceeded the lead action level. ``(3) Failure to spend required amount of bond proceeds within 5 years.-- ``(A) In general.--If at the close of the 5-year period beginning on the date of issuance less than 100 percent of the available project proceeds of the issue are expended for the purposes specified in subsection (c)(1)(A), the issuer shall redeem all of the nonqualified bonds within 90 days after the end of such period. For purposes of this paragraph, the amount of the nonqualified bonds required to be redeemed shall be determined in the same manner as under section 142. ``(B) Extension of period.--Upon submission of a request prior to the expiration of the 5-year period under subparagraph (A), the Secretary may extend such period if the issuer establishes that the failure to expend the proceeds within such period is due to reasonable cause and the expenditures for the purposes described in subsection (c)(1)(A) will continue to proceed with due diligence. ``(4) Available project proceeds.--The term `available project proceeds' means-- ``(A) the excess of-- ``(i) the proceeds from the sale of an issue, over ``(ii) the sum of-- ``(I) issuance costs financed by the issue (the extent that such costs do not exceed 2 percent of such proceeds), and ``(II) amounts in a reasonably required reserve (within the meaning of section 150(a)(3)) with respect to such issue), and ``(B) the proceeds from any investment of the excess described in clause (i). ``(5) Current refundings allowed.-- ``(A) In general.--In the case of a bond issued to refund a qualified lead drinking water service line bond, such refunding bond shall be treated as a qualified lead drinking water service line bond for purposes of this section if-- ``(i) the average maturity date of the issue of which the refunding bond is a part is not later than the average maturity date of the bonds to be refunded by such issue, ``(ii) the amount of the refunding bond does not exceed the outstanding amount of the refunded bond, and ``(iii) the refunded bond is redeemed not later than 90 days after the date of the issuance of the refunding bond. ``(B) Determination of average maturity.--For purposes of subparagraph (A)(i), average maturity shall be determined in accordance with section 147(b)(2)(A). ``(6) Application of davis-bacon act requirements with respect to qualified lead drinking water service line bonds.-- Subchapter IV of chapter 31 of title 40, United States Code, shall apply to projects financed with the proceeds of qualified lead drinking water service line bonds (other than bonds issued to refund a bond originally issued before the date of the enactment of this Act). ``(e) Regulations.--The Secretary may prescribe such regulations and other guidance as may be necessary or appropriate to carry out this section.''. (b) Payments Made Under Section 6431 of the Internal Revenue Code of 1986.--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: ``Payments made under section 6431 of the Internal Revenue Code of 1986'' after the item related to Payment to Radiation Exposure Compensation Trust Fund. (c) Clerical Amendment.--The table of sections for subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 6431. Credit allowed to issuer for qualified lead drinking water service line bonds.''. (d) Effective Date.--The amendments made by this section shall apply to bonds issued more than 30 days after the date of the enactment of this Act. <all>

Lead-Free America Bonds Act of 2021

A bill to amend the Internal Revenue Code of 1986 to provide for direct-pay credit bonds in the case of certain bonds the proceeds of which are used for the replacement of lead drinking water service lines.

Lead-Free America Bonds Act of 2021

Sen. Menendez, Robert

D

NJ

This bill allows issuers of qualified lead drinking water service line bonds a credit for interest payments under such bonds. The bill defines qualified lead drinking water service line bond as any bond issue (other than a private activity bond) if 100% of the available project proceeds of such issue are used to replace lead components of one or more eligible public water systems that are not lead free.

SEC. 2. CREDIT TO ISSUER FOR LEAD DRINKING WATER SERVICE LINE BONDS. (a) In General.--Subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 6431. CREDIT ALLOWED TO ISSUER FOR LEAD DRINKING WATER SERVICE LINE BONDS. ``(b) Payment of Credit.-- ``(1) In general.--The Secretary shall pay (contemporaneously with each date on which interest is so payable) to the issuer of such bond (or to any person who makes such interest payments on behalf of such issuer) an amount equal to so much of such interest that is payable at a rate not in excess of the applicable interest rate determined under paragraph (2). ``(d) Definition and Special Rules.--For purposes of this section-- ``(1) Interest includible in gross income.--For purposes of this title, interest on any qualified lead drinking water service line bond shall be includible in gross income. ``(2) Eligible public water system.-- ``(A) In general.--The term `eligible public water system' means, with respect to any bond-- ``(i) in the case of a public water system with respect to which the owner or operator was, during the 6-year period preceding the date of enactment of the Lead-Free America Bonds Act of 2021, required to give lead action level notice, such bond was issued during the 3-year period subsequent to the date of enactment of such Act, or ``(ii) in the case of a public water system with respect to which the owner or operator was, at any time subsequent to the date of enactment of the Lead-Free America Bonds Act of 2021, required to give lead action level notice, such bond was issued during the 3-year period subsequent to such notice. ``(B) Public water system.--The term `public water system' has the meaning given such term in section 1401(4) of such Act (42 U.S.C. 300g-6(d)). ``(4) Available project proceeds.--The term `available project proceeds' means-- ``(A) the excess of-- ``(i) the proceeds from the sale of an issue, over ``(ii) the sum of-- ``(I) issuance costs financed by the issue (the extent that such costs do not exceed 2 percent of such proceeds), and ``(II) amounts in a reasonably required reserve (within the meaning of section 150(a)(3)) with respect to such issue), and ``(B) the proceeds from any investment of the excess described in clause (i). ``(B) Determination of average maturity.--For purposes of subparagraph (A)(i), average maturity shall be determined in accordance with section 147(b)(2)(A). ``(e) Regulations.--The Secretary may prescribe such regulations and other guidance as may be necessary or appropriate to carry out this section.''. (d) Effective Date.--The amendments made by this section shall apply to bonds issued more than 30 days after the date of the enactment of this Act.

SEC. 2. CREDIT TO ISSUER FOR LEAD DRINKING WATER SERVICE LINE BONDS. (a) In General.--Subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. ``(b) Payment of Credit.-- ``(1) In general.--The Secretary shall pay (contemporaneously with each date on which interest is so payable) to the issuer of such bond (or to any person who makes such interest payments on behalf of such issuer) an amount equal to so much of such interest that is payable at a rate not in excess of the applicable interest rate determined under paragraph (2). ``(d) Definition and Special Rules.--For purposes of this section-- ``(1) Interest includible in gross income.--For purposes of this title, interest on any qualified lead drinking water service line bond shall be includible in gross income. ``(B) Public water system.--The term `public water system' has the meaning given such term in section 1401(4) of such Act (42 U.S.C. 300g-6(d)). ``(4) Available project proceeds.--The term `available project proceeds' means-- ``(A) the excess of-- ``(i) the proceeds from the sale of an issue, over ``(ii) the sum of-- ``(I) issuance costs financed by the issue (the extent that such costs do not exceed 2 percent of such proceeds), and ``(II) amounts in a reasonably required reserve (within the meaning of section 150(a)(3)) with respect to such issue), and ``(B) the proceeds from any investment of the excess described in clause (i).

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SEC. 2. CREDIT TO ISSUER FOR LEAD DRINKING WATER SERVICE LINE BONDS. (a) In General.--Subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 6431. CREDIT ALLOWED TO ISSUER FOR LEAD DRINKING WATER SERVICE LINE BONDS. ``(b) Payment of Credit.-- ``(1) In general.--The Secretary shall pay (contemporaneously with each date on which interest is so payable) to the issuer of such bond (or to any person who makes such interest payments on behalf of such issuer) an amount equal to so much of such interest that is payable at a rate not in excess of the applicable interest rate determined under paragraph (2). Except upon approval by the Environmental Protection Agency for circumstances in which there are emergent public health risks, none of the available project proceeds of such issue shall be used for a partial lead service line replacement. ``(d) Definition and Special Rules.--For purposes of this section-- ``(1) Interest includible in gross income.--For purposes of this title, interest on any qualified lead drinking water service line bond shall be includible in gross income. ``(2) Eligible public water system.-- ``(A) In general.--The term `eligible public water system' means, with respect to any bond-- ``(i) in the case of a public water system with respect to which the owner or operator was, during the 6-year period preceding the date of enactment of the Lead-Free America Bonds Act of 2021, required to give lead action level notice, such bond was issued during the 3-year period subsequent to the date of enactment of such Act, or ``(ii) in the case of a public water system with respect to which the owner or operator was, at any time subsequent to the date of enactment of the Lead-Free America Bonds Act of 2021, required to give lead action level notice, such bond was issued during the 3-year period subsequent to such notice. ``(B) Public water system.--The term `public water system' has the meaning given such term in section 1401(4) of such Act (42 U.S.C. 300g-6(d)). 300j-19b(a)(4)). ``(B) Extension of period.--Upon submission of a request prior to the expiration of the 5-year period under subparagraph (A), the Secretary may extend such period if the issuer establishes that the failure to expend the proceeds within such period is due to reasonable cause and the expenditures for the purposes described in subsection (c)(1)(A) will continue to proceed with due diligence. ``(4) Available project proceeds.--The term `available project proceeds' means-- ``(A) the excess of-- ``(i) the proceeds from the sale of an issue, over ``(ii) the sum of-- ``(I) issuance costs financed by the issue (the extent that such costs do not exceed 2 percent of such proceeds), and ``(II) amounts in a reasonably required reserve (within the meaning of section 150(a)(3)) with respect to such issue), and ``(B) the proceeds from any investment of the excess described in clause (i). ``(5) Current refundings allowed.-- ``(A) In general.--In the case of a bond issued to refund a qualified lead drinking water service line bond, such refunding bond shall be treated as a qualified lead drinking water service line bond for purposes of this section if-- ``(i) the average maturity date of the issue of which the refunding bond is a part is not later than the average maturity date of the bonds to be refunded by such issue, ``(ii) the amount of the refunding bond does not exceed the outstanding amount of the refunded bond, and ``(iii) the refunded bond is redeemed not later than 90 days after the date of the issuance of the refunding bond. ``(B) Determination of average maturity.--For purposes of subparagraph (A)(i), average maturity shall be determined in accordance with section 147(b)(2)(A). ``(e) Regulations.--The Secretary may prescribe such regulations and other guidance as may be necessary or appropriate to carry out this section.''. (d) Effective Date.--The amendments made by this section shall apply to bonds issued more than 30 days after the date of the enactment of this Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. SEC. 2. CREDIT TO ISSUER FOR LEAD DRINKING WATER SERVICE LINE BONDS. (a) In General.--Subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 6431. CREDIT ALLOWED TO ISSUER FOR LEAD DRINKING WATER SERVICE LINE BONDS. ``(b) Payment of Credit.-- ``(1) In general.--The Secretary shall pay (contemporaneously with each date on which interest is so payable) to the issuer of such bond (or to any person who makes such interest payments on behalf of such issuer) an amount equal to so much of such interest that is payable at a rate not in excess of the applicable interest rate determined under paragraph (2). ``(ii) Method and frequency.--For purposes of this paragraph, the Secretary will determine and announce credit rates daily for qualified lead drinking water service line bonds based on the Secretary's estimate of the yields on outstanding bonds from market sectors selected at the discretion of the Secretary that, for the business day immediately preceding the sale date of the bonds, have an investment grade rating of between A and BBB for bonds of a similar maturity and for which the interest would be included in gross income. Except upon approval by the Environmental Protection Agency for circumstances in which there are emergent public health risks, none of the available project proceeds of such issue shall be used for a partial lead service line replacement. ``(2) Applicable rules.--For purposes of applying paragraph (1)-- ``(A) Not treated as federally guaranteed.--For purposes of section 149(b), a qualified lead drinking water service line bond shall not be treated as federally guaranteed by reason of the credit allowed under this section. ``(B) Application of arbitrage rules.--For purposes of section 148, the yield on a qualified lead drinking water service line bond shall be reduced by the credit allowed under this section. ``(d) Definition and Special Rules.--For purposes of this section-- ``(1) Interest includible in gross income.--For purposes of this title, interest on any qualified lead drinking water service line bond shall be includible in gross income. ``(2) Eligible public water system.-- ``(A) In general.--The term `eligible public water system' means, with respect to any bond-- ``(i) in the case of a public water system with respect to which the owner or operator was, during the 6-year period preceding the date of enactment of the Lead-Free America Bonds Act of 2021, required to give lead action level notice, such bond was issued during the 3-year period subsequent to the date of enactment of such Act, or ``(ii) in the case of a public water system with respect to which the owner or operator was, at any time subsequent to the date of enactment of the Lead-Free America Bonds Act of 2021, required to give lead action level notice, such bond was issued during the 3-year period subsequent to such notice. ``(B) Public water system.--The term `public water system' has the meaning given such term in section 1401(4) of such Act (42 U.S.C. 300f(4)). 300g-6(d)). 300j-19b(a)(4)). For purposes of this paragraph, the amount of the nonqualified bonds required to be redeemed shall be determined in the same manner as under section 142. ``(B) Extension of period.--Upon submission of a request prior to the expiration of the 5-year period under subparagraph (A), the Secretary may extend such period if the issuer establishes that the failure to expend the proceeds within such period is due to reasonable cause and the expenditures for the purposes described in subsection (c)(1)(A) will continue to proceed with due diligence. ``(4) Available project proceeds.--The term `available project proceeds' means-- ``(A) the excess of-- ``(i) the proceeds from the sale of an issue, over ``(ii) the sum of-- ``(I) issuance costs financed by the issue (the extent that such costs do not exceed 2 percent of such proceeds), and ``(II) amounts in a reasonably required reserve (within the meaning of section 150(a)(3)) with respect to such issue), and ``(B) the proceeds from any investment of the excess described in clause (i). ``(5) Current refundings allowed.-- ``(A) In general.--In the case of a bond issued to refund a qualified lead drinking water service line bond, such refunding bond shall be treated as a qualified lead drinking water service line bond for purposes of this section if-- ``(i) the average maturity date of the issue of which the refunding bond is a part is not later than the average maturity date of the bonds to be refunded by such issue, ``(ii) the amount of the refunding bond does not exceed the outstanding amount of the refunded bond, and ``(iii) the refunded bond is redeemed not later than 90 days after the date of the issuance of the refunding bond. ``(B) Determination of average maturity.--For purposes of subparagraph (A)(i), average maturity shall be determined in accordance with section 147(b)(2)(A). ``(e) Regulations.--The Secretary may prescribe such regulations and other guidance as may be necessary or appropriate to carry out this section.''. (b) Payments Made Under Section 6431 of the Internal Revenue Code of 1986.--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: ``Payments made under section 6431 of the Internal Revenue Code of 1986'' after the item related to Payment to Radiation Exposure Compensation Trust Fund. (d) Effective Date.--The amendments made by this section shall apply to bonds issued more than 30 days after the date of the enactment of this Act.

To amend the Internal Revenue Code of 1986 to provide for direct-pay credit bonds in the case of certain bonds the proceeds of which are used for the replacement of lead drinking water service lines. ``(a) In General.--In the case of a qualified lead drinking water service line bond, the issuer of such bond shall be allowed a credit with respect to each interest payment under such bond which shall be payable by the Secretary as provided in subsection (b). ``(2) Applicable interest rate.-- ``(A) In general.--The applicable interest rate determined under this paragraph for any qualified lead drinking water service line bond shall be the rate which the Secretary estimates will permit the issuance of qualified lead drinking water service line bonds with a specified maturity or redemption date without discount and without additional interest cost. ``(B) Procedure for rate determinations.-- ``(i) In general.--Such rate with respect to any qualified lead drinking water service line bond shall be determined as of the first day on which there is a binding, written contract for the sale or exchange of the bond. Except upon approval by the Environmental Protection Agency for circumstances in which there are emergent public health risks, none of the available project proceeds of such issue shall be used for a partial lead service line replacement. ``(2) Applicable rules.--For purposes of applying paragraph (1)-- ``(A) Not treated as federally guaranteed.--For purposes of section 149(b), a qualified lead drinking water service line bond shall not be treated as federally guaranteed by reason of the credit allowed under this section. ``(B) Application of arbitrage rules.--For purposes of section 148, the yield on a qualified lead drinking water service line bond shall be reduced by the credit allowed under this section. ``(d) Definition and Special Rules.--For purposes of this section-- ``(1) Interest includible in gross income.--For purposes of this title, interest on any qualified lead drinking water service line bond shall be includible in gross income. ``(C) Lead free.--The term `lead free' has the meaning given such term in section 1417(d) of such Act (42 U.S.C. 300g-6(d)). ``(3) Failure to spend required amount of bond proceeds within 5 years.-- ``(A) In general.--If at the close of the 5-year period beginning on the date of issuance less than 100 percent of the available project proceeds of the issue are expended for the purposes specified in subsection (c)(1)(A), the issuer shall redeem all of the nonqualified bonds within 90 days after the end of such period. ``(B) Extension of period.--Upon submission of a request prior to the expiration of the 5-year period under subparagraph (A), the Secretary may extend such period if the issuer establishes that the failure to expend the proceeds within such period is due to reasonable cause and the expenditures for the purposes described in subsection (c)(1)(A) will continue to proceed with due diligence. ``(4) Available project proceeds.--The term `available project proceeds' means-- ``(A) the excess of-- ``(i) the proceeds from the sale of an issue, over ``(ii) the sum of-- ``(I) issuance costs financed by the issue (the extent that such costs do not exceed 2 percent of such proceeds), and ``(II) amounts in a reasonably required reserve (within the meaning of section 150(a)(3)) with respect to such issue), and ``(B) the proceeds from any investment of the excess described in clause (i). ``(B) Determination of average maturity.--For purposes of subparagraph (A)(i), average maturity shall be determined in accordance with section 147(b)(2)(A). ``(6) Application of davis-bacon act requirements with respect to qualified lead drinking water service line bonds.-- Subchapter IV of chapter 31 of title 40, United States Code, shall apply to projects financed with the proceeds of qualified lead drinking water service line bonds (other than bonds issued to refund a bond originally issued before the date of the enactment of this Act). (b) Payments Made Under Section 6431 of the Internal Revenue Code of 1986.--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: ``Payments made under section 6431 of the Internal Revenue Code of 1986'' after the item related to Payment to Radiation Exposure Compensation Trust Fund. ( c) Clerical Amendment.--The table of sections for subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec.

To amend the Internal Revenue Code of 1986 to provide for direct-pay credit bonds in the case of certain bonds the proceeds of which are used for the replacement of lead drinking water service lines. ``(2) Applicable interest rate.-- ``(A) In general.--The applicable interest rate determined under this paragraph for any qualified lead drinking water service line bond shall be the rate which the Secretary estimates will permit the issuance of qualified lead drinking water service line bonds with a specified maturity or redemption date without discount and without additional interest cost. ``(ii) Method and frequency.--For purposes of this paragraph, the Secretary will determine and announce credit rates daily for qualified lead drinking water service line bonds based on the Secretary's estimate of the yields on outstanding bonds from market sectors selected at the discretion of the Secretary that, for the business day immediately preceding the sale date of the bonds, have an investment grade rating of between A and BBB for bonds of a similar maturity and for which the interest would be included in gross income. ``(B) Application of arbitrage rules.--For purposes of section 148, the yield on a qualified lead drinking water service line bond shall be reduced by the credit allowed under this section. ``(d) Definition and Special Rules.--For purposes of this section-- ``(1) Interest includible in gross income.--For purposes of this title, interest on any qualified lead drinking water service line bond shall be includible in gross income. ``(D) Lead service line.--The term `lead service line' has the meaning given such term in section 1459B(a)(4) of such Act (42 U.S.C. 300j-19b(a)(4)). ``(3) Failure to spend required amount of bond proceeds within 5 years.-- ``(A) In general.--If at the close of the 5-year period beginning on the date of issuance less than 100 percent of the available project proceeds of the issue are expended for the purposes specified in subsection (c)(1)(A), the issuer shall redeem all of the nonqualified bonds within 90 days after the end of such period. ``(B) Extension of period.--Upon submission of a request prior to the expiration of the 5-year period under subparagraph (A), the Secretary may extend such period if the issuer establishes that the failure to expend the proceeds within such period is due to reasonable cause and the expenditures for the purposes described in subsection (c)(1)(A) will continue to proceed with due diligence. ``(B) Determination of average maturity.--For purposes of subparagraph (A)(i), average maturity shall be determined in accordance with section 147(b)(2)(A). b) Payments Made Under Section 6431 of the Internal Revenue Code of 1986.--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: ``Payments made under section 6431 of the Internal Revenue Code of 1986'' after the item related to Payment to Radiation Exposure Compensation Trust Fund. (

To amend the Internal Revenue Code of 1986 to provide for direct-pay credit bonds in the case of certain bonds the proceeds of which are used for the replacement of lead drinking water service lines. ``(2) Applicable interest rate.-- ``(A) In general.--The applicable interest rate determined under this paragraph for any qualified lead drinking water service line bond shall be the rate which the Secretary estimates will permit the issuance of qualified lead drinking water service line bonds with a specified maturity or redemption date without discount and without additional interest cost. ``(ii) Method and frequency.--For purposes of this paragraph, the Secretary will determine and announce credit rates daily for qualified lead drinking water service line bonds based on the Secretary's estimate of the yields on outstanding bonds from market sectors selected at the discretion of the Secretary that, for the business day immediately preceding the sale date of the bonds, have an investment grade rating of between A and BBB for bonds of a similar maturity and for which the interest would be included in gross income. ``(B) Application of arbitrage rules.--For purposes of section 148, the yield on a qualified lead drinking water service line bond shall be reduced by the credit allowed under this section. ``(d) Definition and Special Rules.--For purposes of this section-- ``(1) Interest includible in gross income.--For purposes of this title, interest on any qualified lead drinking water service line bond shall be includible in gross income. ``(D) Lead service line.--The term `lead service line' has the meaning given such term in section 1459B(a)(4) of such Act (42 U.S.C. 300j-19b(a)(4)). ``(3) Failure to spend required amount of bond proceeds within 5 years.-- ``(A) In general.--If at the close of the 5-year period beginning on the date of issuance less than 100 percent of the available project proceeds of the issue are expended for the purposes specified in subsection (c)(1)(A), the issuer shall redeem all of the nonqualified bonds within 90 days after the end of such period. ``(B) Extension of period.--Upon submission of a request prior to the expiration of the 5-year period under subparagraph (A), the Secretary may extend such period if the issuer establishes that the failure to expend the proceeds within such period is due to reasonable cause and the expenditures for the purposes described in subsection (c)(1)(A) will continue to proceed with due diligence. ``(B) Determination of average maturity.--For purposes of subparagraph (A)(i), average maturity shall be determined in accordance with section 147(b)(2)(A). b) Payments Made Under Section 6431 of the Internal Revenue Code of 1986.--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: ``Payments made under section 6431 of the Internal Revenue Code of 1986'' after the item related to Payment to Radiation Exposure Compensation Trust Fund. (

To amend the Internal Revenue Code of 1986 to provide for direct-pay credit bonds in the case of certain bonds the proceeds of which are used for the replacement of lead drinking water service lines. ``(a) In General.--In the case of a qualified lead drinking water service line bond, the issuer of such bond shall be allowed a credit with respect to each interest payment under such bond which shall be payable by the Secretary as provided in subsection (b). ``(2) Applicable interest rate.-- ``(A) In general.--The applicable interest rate determined under this paragraph for any qualified lead drinking water service line bond shall be the rate which the Secretary estimates will permit the issuance of qualified lead drinking water service line bonds with a specified maturity or redemption date without discount and without additional interest cost. ``(B) Procedure for rate determinations.-- ``(i) In general.--Such rate with respect to any qualified lead drinking water service line bond shall be determined as of the first day on which there is a binding, written contract for the sale or exchange of the bond. Except upon approval by the Environmental Protection Agency for circumstances in which there are emergent public health risks, none of the available project proceeds of such issue shall be used for a partial lead service line replacement. ``(2) Applicable rules.--For purposes of applying paragraph (1)-- ``(A) Not treated as federally guaranteed.--For purposes of section 149(b), a qualified lead drinking water service line bond shall not be treated as federally guaranteed by reason of the credit allowed under this section. ``(B) Application of arbitrage rules.--For purposes of section 148, the yield on a qualified lead drinking water service line bond shall be reduced by the credit allowed under this section. ``(d) Definition and Special Rules.--For purposes of this section-- ``(1) Interest includible in gross income.--For purposes of this title, interest on any qualified lead drinking water service line bond shall be includible in gross income. ``(C) Lead free.--The term `lead free' has the meaning given such term in section 1417(d) of such Act (42 U.S.C. 300g-6(d)). ``(3) Failure to spend required amount of bond proceeds within 5 years.-- ``(A) In general.--If at the close of the 5-year period beginning on the date of issuance less than 100 percent of the available project proceeds of the issue are expended for the purposes specified in subsection (c)(1)(A), the issuer shall redeem all of the nonqualified bonds within 90 days after the end of such period. ``(B) Extension of period.--Upon submission of a request prior to the expiration of the 5-year period under subparagraph (A), the Secretary may extend such period if the issuer establishes that the failure to expend the proceeds within such period is due to reasonable cause and the expenditures for the purposes described in subsection (c)(1)(A) will continue to proceed with due diligence. ``(4) Available project proceeds.--The term `available project proceeds' means-- ``(A) the excess of-- ``(i) the proceeds from the sale of an issue, over ``(ii) the sum of-- ``(I) issuance costs financed by the issue (the extent that such costs do not exceed 2 percent of such proceeds), and ``(II) amounts in a reasonably required reserve (within the meaning of section 150(a)(3)) with respect to such issue), and ``(B) the proceeds from any investment of the excess described in clause (i). ``(B) Determination of average maturity.--For purposes of subparagraph (A)(i), average maturity shall be determined in accordance with section 147(b)(2)(A). ``(6) Application of davis-bacon act requirements with respect to qualified lead drinking water service line bonds.-- Subchapter IV of chapter 31 of title 40, United States Code, shall apply to projects financed with the proceeds of qualified lead drinking water service line bonds (other than bonds issued to refund a bond originally issued before the date of the enactment of this Act). (b) Payments Made Under Section 6431 of the Internal Revenue Code of 1986.--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: ``Payments made under section 6431 of the Internal Revenue Code of 1986'' after the item related to Payment to Radiation Exposure Compensation Trust Fund. ( c) Clerical Amendment.--The table of sections for subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec.

To amend the Internal Revenue Code of 1986 to provide for direct-pay credit bonds in the case of certain bonds the proceeds of which are used for the replacement of lead drinking water service lines. ``(2) Applicable interest rate.-- ``(A) In general.--The applicable interest rate determined under this paragraph for any qualified lead drinking water service line bond shall be the rate which the Secretary estimates will permit the issuance of qualified lead drinking water service line bonds with a specified maturity or redemption date without discount and without additional interest cost. ``(ii) Method and frequency.--For purposes of this paragraph, the Secretary will determine and announce credit rates daily for qualified lead drinking water service line bonds based on the Secretary's estimate of the yields on outstanding bonds from market sectors selected at the discretion of the Secretary that, for the business day immediately preceding the sale date of the bonds, have an investment grade rating of between A and BBB for bonds of a similar maturity and for which the interest would be included in gross income. ``(B) Application of arbitrage rules.--For purposes of section 148, the yield on a qualified lead drinking water service line bond shall be reduced by the credit allowed under this section. ``(d) Definition and Special Rules.--For purposes of this section-- ``(1) Interest includible in gross income.--For purposes of this title, interest on any qualified lead drinking water service line bond shall be includible in gross income. ``(D) Lead service line.--The term `lead service line' has the meaning given such term in section 1459B(a)(4) of such Act (42 U.S.C. 300j-19b(a)(4)). ``(3) Failure to spend required amount of bond proceeds within 5 years.-- ``(A) In general.--If at the close of the 5-year period beginning on the date of issuance less than 100 percent of the available project proceeds of the issue are expended for the purposes specified in subsection (c)(1)(A), the issuer shall redeem all of the nonqualified bonds within 90 days after the end of such period. ``(B) Extension of period.--Upon submission of a request prior to the expiration of the 5-year period under subparagraph (A), the Secretary may extend such period if the issuer establishes that the failure to expend the proceeds within such period is due to reasonable cause and the expenditures for the purposes described in subsection (c)(1)(A) will continue to proceed with due diligence. ``(B) Determination of average maturity.--For purposes of subparagraph (A)(i), average maturity shall be determined in accordance with section 147(b)(2)(A). b) Payments Made Under Section 6431 of the Internal Revenue Code of 1986.--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: ``Payments made under section 6431 of the Internal Revenue Code of 1986'' after the item related to Payment to Radiation Exposure Compensation Trust Fund. (

To amend the Internal Revenue Code of 1986 to provide for direct-pay credit bonds in the case of certain bonds the proceeds of which are used for the replacement of lead drinking water service lines. ``(2) Applicable interest rate.-- ``(A) In general.--The applicable interest rate determined under this paragraph for any qualified lead drinking water service line bond shall be the rate which the Secretary estimates will permit the issuance of qualified lead drinking water service line bonds with a specified maturity or redemption date without discount and without additional interest cost. ``(2) Applicable rules.--For purposes of applying paragraph (1)-- ``(A) Not treated as federally guaranteed.--For purposes of section 149(b), a qualified lead drinking water service line bond shall not be treated as federally guaranteed by reason of the credit allowed under this section. ``(B) Application of arbitrage rules.--For purposes of section 148, the yield on a qualified lead drinking water service line bond shall be reduced by the credit allowed under this section. ``(B) Extension of period.--Upon submission of a request prior to the expiration of the 5-year period under subparagraph (A), the Secretary may extend such period if the issuer establishes that the failure to expend the proceeds within such period is due to reasonable cause and the expenditures for the purposes described in subsection (c)(1)(A) will continue to proceed with due diligence. ``(4) Available project proceeds.--The term `available project proceeds' means-- ``(A) the excess of-- ``(i) the proceeds from the sale of an issue, over ``(ii) the sum of-- ``(I) issuance costs financed by the issue (the extent that such costs do not exceed 2 percent of such proceeds), and ``(II) amounts in a reasonably required reserve (within the meaning of section 150(a)(3)) with respect to such issue), and ``(B) the proceeds from any investment of the excess described in clause (i). (b) Payments Made Under Section 6431 of the Internal Revenue Code of 1986.--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: ``Payments made under section 6431 of the Internal Revenue Code of 1986'' after the item related to Payment to Radiation Exposure Compensation Trust Fund. ( c) Clerical Amendment.--The table of sections for subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec.

To amend the Internal Revenue Code of 1986 to provide for direct-pay credit bonds in the case of certain bonds the proceeds of which are used for the replacement of lead drinking water service lines. ``(2) Applicable interest rate.-- ``(A) In general.--The applicable interest rate determined under this paragraph for any qualified lead drinking water service line bond shall be the rate which the Secretary estimates will permit the issuance of qualified lead drinking water service line bonds with a specified maturity or redemption date without discount and without additional interest cost. ``(B) Extension of period.--Upon submission of a request prior to the expiration of the 5-year period under subparagraph (A), the Secretary may extend such period if the issuer establishes that the failure to expend the proceeds within such period is due to reasonable cause and the expenditures for the purposes described in subsection (c)(1)(A) will continue to proceed with due diligence. b) Payments Made Under Section 6431 of the Internal Revenue Code of 1986.--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: ``Payments made under section 6431 of the Internal Revenue Code of 1986'' after the item related to Payment to Radiation Exposure Compensation Trust Fund. (

To amend the Internal Revenue Code of 1986 to provide for direct-pay credit bonds in the case of certain bonds the proceeds of which are used for the replacement of lead drinking water service lines. ``(2) Applicable interest rate.-- ``(A) In general.--The applicable interest rate determined under this paragraph for any qualified lead drinking water service line bond shall be the rate which the Secretary estimates will permit the issuance of qualified lead drinking water service line bonds with a specified maturity or redemption date without discount and without additional interest cost. ``(2) Applicable rules.--For purposes of applying paragraph (1)-- ``(A) Not treated as federally guaranteed.--For purposes of section 149(b), a qualified lead drinking water service line bond shall not be treated as federally guaranteed by reason of the credit allowed under this section. ``(B) Application of arbitrage rules.--For purposes of section 148, the yield on a qualified lead drinking water service line bond shall be reduced by the credit allowed under this section. ``(B) Extension of period.--Upon submission of a request prior to the expiration of the 5-year period under subparagraph (A), the Secretary may extend such period if the issuer establishes that the failure to expend the proceeds within such period is due to reasonable cause and the expenditures for the purposes described in subsection (c)(1)(A) will continue to proceed with due diligence. ``(4) Available project proceeds.--The term `available project proceeds' means-- ``(A) the excess of-- ``(i) the proceeds from the sale of an issue, over ``(ii) the sum of-- ``(I) issuance costs financed by the issue (the extent that such costs do not exceed 2 percent of such proceeds), and ``(II) amounts in a reasonably required reserve (within the meaning of section 150(a)(3)) with respect to such issue), and ``(B) the proceeds from any investment of the excess described in clause (i). (b) Payments Made Under Section 6431 of the Internal Revenue Code of 1986.--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: ``Payments made under section 6431 of the Internal Revenue Code of 1986'' after the item related to Payment to Radiation Exposure Compensation Trust Fund. ( c) Clerical Amendment.--The table of sections for subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec.

To amend the Internal Revenue Code of 1986 to provide for direct-pay credit bonds in the case of certain bonds the proceeds of which are used for the replacement of lead drinking water service lines. ``(2) Applicable interest rate.-- ``(A) In general.--The applicable interest rate determined under this paragraph for any qualified lead drinking water service line bond shall be the rate which the Secretary estimates will permit the issuance of qualified lead drinking water service line bonds with a specified maturity or redemption date without discount and without additional interest cost. ``(B) Extension of period.--Upon submission of a request prior to the expiration of the 5-year period under subparagraph (A), the Secretary may extend such period if the issuer establishes that the failure to expend the proceeds within such period is due to reasonable cause and the expenditures for the purposes described in subsection (c)(1)(A) will continue to proceed with due diligence. b) Payments Made Under Section 6431 of the Internal Revenue Code of 1986.--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: ``Payments made under section 6431 of the Internal Revenue Code of 1986'' after the item related to Payment to Radiation Exposure Compensation Trust Fund. (

To amend the Internal Revenue Code of 1986 to provide for direct-pay credit bonds in the case of certain bonds the proceeds of which are used for the replacement of lead drinking water service lines. ``(2) Applicable interest rate.-- ``(A) In general.--The applicable interest rate determined under this paragraph for any qualified lead drinking water service line bond shall be the rate which the Secretary estimates will permit the issuance of qualified lead drinking water service line bonds with a specified maturity or redemption date without discount and without additional interest cost. ``(4) Available project proceeds.--The term `available project proceeds' means-- ``(A) the excess of-- ``(i) the proceeds from the sale of an issue, over ``(ii) the sum of-- ``(I) issuance costs financed by the issue (the extent that such costs do not exceed 2 percent of such proceeds), and ``(II) amounts in a reasonably required reserve (within the meaning of section 150(a)(3)) with respect to such issue), and ``(B) the proceeds from any investment of the excess described in clause (i). ( c) Clerical Amendment.--The table of sections for subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec.

Lead-Free America Bonds Act of 2021 - Amends the Internal Revenue Code to provide for direct-pay credit bonds in the case of certain bonds the proceeds of which are used for the replacement of lead drinking water service lines. (Currently, such bonds are treated as federally guaranteed.) (Sec. 2) Requires the Secretary of the Treasury to pay to the issuer of such bonds an amount Amends the Internal Revenue Code to require the issuer of a public water system bond to redeem all of the nonqualified bonds within 90 days after issuance if at the close of the five-year period beginning on the date of issuance less than 100 percent of the available project proceeds of the issue are expended for the purposes specified in this Act. (Currently, the amount of such bonds required to

H.R.4154

Taxation

Lead-Free America Bonds Act of 2021 This bill allows issuers of qualified lead drinking water service line bonds a credit for interest payments under such bonds. The bill defines qualified lead drinking water service line bond as any bond issue (other than a private activity bond) if 100% of the available project proceeds of such issue are used to replace lead components of one or more eligible public water systems that are not lead free.

To amend the Internal Revenue Code of 1986 to provide for direct-pay credit bonds in the case of certain bonds the proceeds of which are used for the replacement of lead drinking water service lines. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Lead-Free America Bonds Act of 2021''. SEC. 2. CREDIT TO ISSUER FOR LEAD DRINKING WATER SERVICE LINE BONDS. (a) In General.--Subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 6431. CREDIT ALLOWED TO ISSUER FOR LEAD DRINKING WATER SERVICE LINE BONDS. ``(a) In General.--In the case of a qualified lead drinking water service line bond, the issuer of such bond shall be allowed a credit with respect to each interest payment under such bond which shall be payable by the Secretary as provided in subsection (b). ``(b) Payment of Credit.-- ``(1) In general.--The Secretary shall pay (contemporaneously with each date on which interest is so payable) to the issuer of such bond (or to any person who makes such interest payments on behalf of such issuer) an amount equal to so much of such interest that is payable at a rate not in excess of the applicable interest rate determined under paragraph (2). ``(2) Applicable interest rate.-- ``(A) In general.--The applicable interest rate determined under this paragraph for any qualified lead drinking water service line bond shall be the rate which the Secretary estimates will permit the issuance of qualified lead drinking water service line bonds with a specified maturity or redemption date without discount and without additional interest cost. ``(B) Procedure for rate determinations.-- ``(i) In general.--Such rate with respect to any qualified lead drinking water service line bond shall be determined as of the first day on which there is a binding, written contract for the sale or exchange of the bond. ``(ii) Method and frequency.--For purposes of this paragraph, the Secretary will determine and announce credit rates daily for qualified lead drinking water service line bonds based on the Secretary's estimate of the yields on outstanding bonds from market sectors selected at the discretion of the Secretary that, for the business day immediately preceding the sale date of the bonds, have an investment grade rating of between A and BBB for bonds of a similar maturity and for which the interest would be included in gross income. ``(c) Qualified Lead Drinking Water Service Line Bond.-- ``(1) In general.--For purposes of this section, the term `qualified lead drinking water service line bond' means any bond (other than a private activity bond) issued as part of an issue if-- ``(A) 100 percent of the available project proceeds of such issue are to be used for replacing lead components of 1 or more eligible public water systems that are not lead free, including any publicly or privately owned portion of a lead service line of the eligible public water system, ``(B) the interest on such bond would (but for this section) be excludable from gross income under section 103, ``(C) the issue price has not more than a de minimis amount (determined under rules similar to the rules of section 1273(a)(3)) of premium over the stated principal amount of the bond, and ``(D) prior to the issuance of such bond, the issuer makes an irrevocable election to have this section apply. Except upon approval by the Environmental Protection Agency for circumstances in which there are emergent public health risks, none of the available project proceeds of such issue shall be used for a partial lead service line replacement. ``(2) Applicable rules.--For purposes of applying paragraph (1)-- ``(A) Not treated as federally guaranteed.--For purposes of section 149(b), a qualified lead drinking water service line bond shall not be treated as federally guaranteed by reason of the credit allowed under this section. ``(B) Application of arbitrage rules.--For purposes of section 148, the yield on a qualified lead drinking water service line bond shall be reduced by the credit allowed under this section. ``(d) Definition and Special Rules.--For purposes of this section-- ``(1) Interest includible in gross income.--For purposes of this title, interest on any qualified lead drinking water service line bond shall be includible in gross income. ``(2) Eligible public water system.-- ``(A) In general.--The term `eligible public water system' means, with respect to any bond-- ``(i) in the case of a public water system with respect to which the owner or operator was, during the 6-year period preceding the date of enactment of the Lead-Free America Bonds Act of 2021, required to give lead action level notice, such bond was issued during the 3-year period subsequent to the date of enactment of such Act, or ``(ii) in the case of a public water system with respect to which the owner or operator was, at any time subsequent to the date of enactment of the Lead-Free America Bonds Act of 2021, required to give lead action level notice, such bond was issued during the 3-year period subsequent to such notice. ``(B) Public water system.--The term `public water system' has the meaning given such term in section 1401(4) of such Act (42 U.S.C. 300f(4)). ``(C) Lead free.--The term `lead free' has the meaning given such term in section 1417(d) of such Act (42 U.S.C. 300g-6(d)). ``(D) Lead service line.--The term `lead service line' has the meaning given such term in section 1459B(a)(4) of such Act (42 U.S.C. 300j-19b(a)(4)). ``(E) Lead action level notice.--The term `lead action level notice' means notice under section 1414(c)(1)(D) of the Safe Water Drinking Act (42 U.S.C. 300g-3(c)(1)(D)) that the public water system exceeded the lead action level. ``(3) Failure to spend required amount of bond proceeds within 5 years.-- ``(A) In general.--If at the close of the 5-year period beginning on the date of issuance less than 100 percent of the available project proceeds of the issue are expended for the purposes specified in subsection (c)(1)(A), the issuer shall redeem all of the nonqualified bonds within 90 days after the end of such period. For purposes of this paragraph, the amount of the nonqualified bonds required to be redeemed shall be determined in the same manner as under section 142. ``(B) Extension of period.--Upon submission of a request prior to the expiration of the 5-year period under subparagraph (A), the Secretary may extend such period if the issuer establishes that the failure to expend the proceeds within such period is due to reasonable cause and the expenditures for the purposes described in subsection (c)(1)(A) will continue to proceed with due diligence. ``(4) Available project proceeds.--The term `available project proceeds' means-- ``(A) the excess of-- ``(i) the proceeds from the sale of an issue, over ``(ii) the sum of-- ``(I) issuance costs financed by the issue (the extent that such costs do not exceed 2 percent of such proceeds), and ``(II) amounts in a reasonably required reserve (within the meaning of section 150(a)(3)) with respect to such issue), and ``(B) the proceeds from any investment of the excess described in clause (i). ``(5) Current refundings allowed.-- ``(A) In general.--In the case of a bond issued to refund a qualified lead drinking water service line bond, such refunding bond shall be treated as a qualified lead drinking water service line bond for purposes of this section if-- ``(i) the average maturity date of the issue of which the refunding bond is a part is not later than the average maturity date of the bonds to be refunded by such issue, ``(ii) the amount of the refunding bond does not exceed the outstanding amount of the refunded bond, and ``(iii) the refunded bond is redeemed not later than 90 days after the date of the issuance of the refunding bond. ``(B) Determination of average maturity.--For purposes of subparagraph (A)(i), average maturity shall be determined in accordance with section 147(b)(2)(A). ``(6) Application of davis-bacon act requirements with respect to qualified lead drinking water service line bonds.-- Subchapter IV of chapter 31 of title 40, United States Code, shall apply to projects financed with the proceeds of qualified lead drinking water service line bonds (other than bonds issued to refund a bond originally issued before the date of the enactment of this Act). ``(e) Regulations.--The Secretary may prescribe such regulations and other guidance as may be necessary or appropriate to carry out this section.''. (b) Payments Made Under Section 6431 of the Internal Revenue Code of 1986.--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: ``Payments made under section 6431 of the Internal Revenue Code of 1986'' after the item related to Payment to Radiation Exposure Compensation Trust Fund. (c) Clerical Amendment.--The table of sections for subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 6431. Credit allowed to issuer for qualified lead drinking water service line bonds.''. (d) Effective Date.--The amendments made by this section shall apply to bonds issued more than 30 days after the date of the enactment of this Act. <all>

Lead-Free America Bonds Act of 2021

To amend the Internal Revenue Code of 1986 to provide for direct-pay credit bonds in the case of certain bonds the proceeds of which are used for the replacement of lead drinking water service lines.

Lead-Free America Bonds Act of 2021

Rep. Pascrell, Bill, Jr.

D

NJ

This bill allows issuers of qualified lead drinking water service line bonds a credit for interest payments under such bonds. The bill defines qualified lead drinking water service line bond as any bond issue (other than a private activity bond) if 100% of the available project proceeds of such issue are used to replace lead components of one or more eligible public water systems that are not lead free.

SEC. 2. CREDIT TO ISSUER FOR LEAD DRINKING WATER SERVICE LINE BONDS. (a) In General.--Subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 6431. CREDIT ALLOWED TO ISSUER FOR LEAD DRINKING WATER SERVICE LINE BONDS. ``(b) Payment of Credit.-- ``(1) In general.--The Secretary shall pay (contemporaneously with each date on which interest is so payable) to the issuer of such bond (or to any person who makes such interest payments on behalf of such issuer) an amount equal to so much of such interest that is payable at a rate not in excess of the applicable interest rate determined under paragraph (2). ``(d) Definition and Special Rules.--For purposes of this section-- ``(1) Interest includible in gross income.--For purposes of this title, interest on any qualified lead drinking water service line bond shall be includible in gross income. ``(2) Eligible public water system.-- ``(A) In general.--The term `eligible public water system' means, with respect to any bond-- ``(i) in the case of a public water system with respect to which the owner or operator was, during the 6-year period preceding the date of enactment of the Lead-Free America Bonds Act of 2021, required to give lead action level notice, such bond was issued during the 3-year period subsequent to the date of enactment of such Act, or ``(ii) in the case of a public water system with respect to which the owner or operator was, at any time subsequent to the date of enactment of the Lead-Free America Bonds Act of 2021, required to give lead action level notice, such bond was issued during the 3-year period subsequent to such notice. ``(B) Public water system.--The term `public water system' has the meaning given such term in section 1401(4) of such Act (42 U.S.C. 300g-6(d)). ``(4) Available project proceeds.--The term `available project proceeds' means-- ``(A) the excess of-- ``(i) the proceeds from the sale of an issue, over ``(ii) the sum of-- ``(I) issuance costs financed by the issue (the extent that such costs do not exceed 2 percent of such proceeds), and ``(II) amounts in a reasonably required reserve (within the meaning of section 150(a)(3)) with respect to such issue), and ``(B) the proceeds from any investment of the excess described in clause (i). ``(B) Determination of average maturity.--For purposes of subparagraph (A)(i), average maturity shall be determined in accordance with section 147(b)(2)(A). ``(e) Regulations.--The Secretary may prescribe such regulations and other guidance as may be necessary or appropriate to carry out this section.''. (d) Effective Date.--The amendments made by this section shall apply to bonds issued more than 30 days after the date of the enactment of this Act.

SEC. 2. CREDIT TO ISSUER FOR LEAD DRINKING WATER SERVICE LINE BONDS. (a) In General.--Subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. ``(b) Payment of Credit.-- ``(1) In general.--The Secretary shall pay (contemporaneously with each date on which interest is so payable) to the issuer of such bond (or to any person who makes such interest payments on behalf of such issuer) an amount equal to so much of such interest that is payable at a rate not in excess of the applicable interest rate determined under paragraph (2). ``(d) Definition and Special Rules.--For purposes of this section-- ``(1) Interest includible in gross income.--For purposes of this title, interest on any qualified lead drinking water service line bond shall be includible in gross income. ``(B) Public water system.--The term `public water system' has the meaning given such term in section 1401(4) of such Act (42 U.S.C. 300g-6(d)). ``(4) Available project proceeds.--The term `available project proceeds' means-- ``(A) the excess of-- ``(i) the proceeds from the sale of an issue, over ``(ii) the sum of-- ``(I) issuance costs financed by the issue (the extent that such costs do not exceed 2 percent of such proceeds), and ``(II) amounts in a reasonably required reserve (within the meaning of section 150(a)(3)) with respect to such issue), and ``(B) the proceeds from any investment of the excess described in clause (i).

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SEC. 2. CREDIT TO ISSUER FOR LEAD DRINKING WATER SERVICE LINE BONDS. (a) In General.--Subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 6431. CREDIT ALLOWED TO ISSUER FOR LEAD DRINKING WATER SERVICE LINE BONDS. ``(b) Payment of Credit.-- ``(1) In general.--The Secretary shall pay (contemporaneously with each date on which interest is so payable) to the issuer of such bond (or to any person who makes such interest payments on behalf of such issuer) an amount equal to so much of such interest that is payable at a rate not in excess of the applicable interest rate determined under paragraph (2). Except upon approval by the Environmental Protection Agency for circumstances in which there are emergent public health risks, none of the available project proceeds of such issue shall be used for a partial lead service line replacement. ``(d) Definition and Special Rules.--For purposes of this section-- ``(1) Interest includible in gross income.--For purposes of this title, interest on any qualified lead drinking water service line bond shall be includible in gross income. ``(2) Eligible public water system.-- ``(A) In general.--The term `eligible public water system' means, with respect to any bond-- ``(i) in the case of a public water system with respect to which the owner or operator was, during the 6-year period preceding the date of enactment of the Lead-Free America Bonds Act of 2021, required to give lead action level notice, such bond was issued during the 3-year period subsequent to the date of enactment of such Act, or ``(ii) in the case of a public water system with respect to which the owner or operator was, at any time subsequent to the date of enactment of the Lead-Free America Bonds Act of 2021, required to give lead action level notice, such bond was issued during the 3-year period subsequent to such notice. ``(B) Public water system.--The term `public water system' has the meaning given such term in section 1401(4) of such Act (42 U.S.C. 300g-6(d)). 300j-19b(a)(4)). ``(B) Extension of period.--Upon submission of a request prior to the expiration of the 5-year period under subparagraph (A), the Secretary may extend such period if the issuer establishes that the failure to expend the proceeds within such period is due to reasonable cause and the expenditures for the purposes described in subsection (c)(1)(A) will continue to proceed with due diligence. ``(4) Available project proceeds.--The term `available project proceeds' means-- ``(A) the excess of-- ``(i) the proceeds from the sale of an issue, over ``(ii) the sum of-- ``(I) issuance costs financed by the issue (the extent that such costs do not exceed 2 percent of such proceeds), and ``(II) amounts in a reasonably required reserve (within the meaning of section 150(a)(3)) with respect to such issue), and ``(B) the proceeds from any investment of the excess described in clause (i). ``(5) Current refundings allowed.-- ``(A) In general.--In the case of a bond issued to refund a qualified lead drinking water service line bond, such refunding bond shall be treated as a qualified lead drinking water service line bond for purposes of this section if-- ``(i) the average maturity date of the issue of which the refunding bond is a part is not later than the average maturity date of the bonds to be refunded by such issue, ``(ii) the amount of the refunding bond does not exceed the outstanding amount of the refunded bond, and ``(iii) the refunded bond is redeemed not later than 90 days after the date of the issuance of the refunding bond. ``(B) Determination of average maturity.--For purposes of subparagraph (A)(i), average maturity shall be determined in accordance with section 147(b)(2)(A). ``(e) Regulations.--The Secretary may prescribe such regulations and other guidance as may be necessary or appropriate to carry out this section.''. (d) Effective Date.--The amendments made by this section shall apply to bonds issued more than 30 days after the date of the enactment of this Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. SEC. 2. CREDIT TO ISSUER FOR LEAD DRINKING WATER SERVICE LINE BONDS. (a) In General.--Subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 6431. CREDIT ALLOWED TO ISSUER FOR LEAD DRINKING WATER SERVICE LINE BONDS. ``(b) Payment of Credit.-- ``(1) In general.--The Secretary shall pay (contemporaneously with each date on which interest is so payable) to the issuer of such bond (or to any person who makes such interest payments on behalf of such issuer) an amount equal to so much of such interest that is payable at a rate not in excess of the applicable interest rate determined under paragraph (2). ``(ii) Method and frequency.--For purposes of this paragraph, the Secretary will determine and announce credit rates daily for qualified lead drinking water service line bonds based on the Secretary's estimate of the yields on outstanding bonds from market sectors selected at the discretion of the Secretary that, for the business day immediately preceding the sale date of the bonds, have an investment grade rating of between A and BBB for bonds of a similar maturity and for which the interest would be included in gross income. Except upon approval by the Environmental Protection Agency for circumstances in which there are emergent public health risks, none of the available project proceeds of such issue shall be used for a partial lead service line replacement. ``(2) Applicable rules.--For purposes of applying paragraph (1)-- ``(A) Not treated as federally guaranteed.--For purposes of section 149(b), a qualified lead drinking water service line bond shall not be treated as federally guaranteed by reason of the credit allowed under this section. ``(B) Application of arbitrage rules.--For purposes of section 148, the yield on a qualified lead drinking water service line bond shall be reduced by the credit allowed under this section. ``(d) Definition and Special Rules.--For purposes of this section-- ``(1) Interest includible in gross income.--For purposes of this title, interest on any qualified lead drinking water service line bond shall be includible in gross income. ``(2) Eligible public water system.-- ``(A) In general.--The term `eligible public water system' means, with respect to any bond-- ``(i) in the case of a public water system with respect to which the owner or operator was, during the 6-year period preceding the date of enactment of the Lead-Free America Bonds Act of 2021, required to give lead action level notice, such bond was issued during the 3-year period subsequent to the date of enactment of such Act, or ``(ii) in the case of a public water system with respect to which the owner or operator was, at any time subsequent to the date of enactment of the Lead-Free America Bonds Act of 2021, required to give lead action level notice, such bond was issued during the 3-year period subsequent to such notice. ``(B) Public water system.--The term `public water system' has the meaning given such term in section 1401(4) of such Act (42 U.S.C. 300f(4)). 300g-6(d)). 300j-19b(a)(4)). For purposes of this paragraph, the amount of the nonqualified bonds required to be redeemed shall be determined in the same manner as under section 142. ``(B) Extension of period.--Upon submission of a request prior to the expiration of the 5-year period under subparagraph (A), the Secretary may extend such period if the issuer establishes that the failure to expend the proceeds within such period is due to reasonable cause and the expenditures for the purposes described in subsection (c)(1)(A) will continue to proceed with due diligence. ``(4) Available project proceeds.--The term `available project proceeds' means-- ``(A) the excess of-- ``(i) the proceeds from the sale of an issue, over ``(ii) the sum of-- ``(I) issuance costs financed by the issue (the extent that such costs do not exceed 2 percent of such proceeds), and ``(II) amounts in a reasonably required reserve (within the meaning of section 150(a)(3)) with respect to such issue), and ``(B) the proceeds from any investment of the excess described in clause (i). ``(5) Current refundings allowed.-- ``(A) In general.--In the case of a bond issued to refund a qualified lead drinking water service line bond, such refunding bond shall be treated as a qualified lead drinking water service line bond for purposes of this section if-- ``(i) the average maturity date of the issue of which the refunding bond is a part is not later than the average maturity date of the bonds to be refunded by such issue, ``(ii) the amount of the refunding bond does not exceed the outstanding amount of the refunded bond, and ``(iii) the refunded bond is redeemed not later than 90 days after the date of the issuance of the refunding bond. ``(B) Determination of average maturity.--For purposes of subparagraph (A)(i), average maturity shall be determined in accordance with section 147(b)(2)(A). ``(e) Regulations.--The Secretary may prescribe such regulations and other guidance as may be necessary or appropriate to carry out this section.''. (b) Payments Made Under Section 6431 of the Internal Revenue Code of 1986.--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: ``Payments made under section 6431 of the Internal Revenue Code of 1986'' after the item related to Payment to Radiation Exposure Compensation Trust Fund. (d) Effective Date.--The amendments made by this section shall apply to bonds issued more than 30 days after the date of the enactment of this Act.

To amend the Internal Revenue Code of 1986 to provide for direct-pay credit bonds in the case of certain bonds the proceeds of which are used for the replacement of lead drinking water service lines. ``(a) In General.--In the case of a qualified lead drinking water service line bond, the issuer of such bond shall be allowed a credit with respect to each interest payment under such bond which shall be payable by the Secretary as provided in subsection (b). ``(2) Applicable interest rate.-- ``(A) In general.--The applicable interest rate determined under this paragraph for any qualified lead drinking water service line bond shall be the rate which the Secretary estimates will permit the issuance of qualified lead drinking water service line bonds with a specified maturity or redemption date without discount and without additional interest cost. ``(B) Procedure for rate determinations.-- ``(i) In general.--Such rate with respect to any qualified lead drinking water service line bond shall be determined as of the first day on which there is a binding, written contract for the sale or exchange of the bond. Except upon approval by the Environmental Protection Agency for circumstances in which there are emergent public health risks, none of the available project proceeds of such issue shall be used for a partial lead service line replacement. ``(2) Applicable rules.--For purposes of applying paragraph (1)-- ``(A) Not treated as federally guaranteed.--For purposes of section 149(b), a qualified lead drinking water service line bond shall not be treated as federally guaranteed by reason of the credit allowed under this section. ``(B) Application of arbitrage rules.--For purposes of section 148, the yield on a qualified lead drinking water service line bond shall be reduced by the credit allowed under this section. ``(d) Definition and Special Rules.--For purposes of this section-- ``(1) Interest includible in gross income.--For purposes of this title, interest on any qualified lead drinking water service line bond shall be includible in gross income. ``(C) Lead free.--The term `lead free' has the meaning given such term in section 1417(d) of such Act (42 U.S.C. 300g-6(d)). ``(3) Failure to spend required amount of bond proceeds within 5 years.-- ``(A) In general.--If at the close of the 5-year period beginning on the date of issuance less than 100 percent of the available project proceeds of the issue are expended for the purposes specified in subsection (c)(1)(A), the issuer shall redeem all of the nonqualified bonds within 90 days after the end of such period. ``(B) Extension of period.--Upon submission of a request prior to the expiration of the 5-year period under subparagraph (A), the Secretary may extend such period if the issuer establishes that the failure to expend the proceeds within such period is due to reasonable cause and the expenditures for the purposes described in subsection (c)(1)(A) will continue to proceed with due diligence. ``(4) Available project proceeds.--The term `available project proceeds' means-- ``(A) the excess of-- ``(i) the proceeds from the sale of an issue, over ``(ii) the sum of-- ``(I) issuance costs financed by the issue (the extent that such costs do not exceed 2 percent of such proceeds), and ``(II) amounts in a reasonably required reserve (within the meaning of section 150(a)(3)) with respect to such issue), and ``(B) the proceeds from any investment of the excess described in clause (i). ``(B) Determination of average maturity.--For purposes of subparagraph (A)(i), average maturity shall be determined in accordance with section 147(b)(2)(A). ``(6) Application of davis-bacon act requirements with respect to qualified lead drinking water service line bonds.-- Subchapter IV of chapter 31 of title 40, United States Code, shall apply to projects financed with the proceeds of qualified lead drinking water service line bonds (other than bonds issued to refund a bond originally issued before the date of the enactment of this Act). (b) Payments Made Under Section 6431 of the Internal Revenue Code of 1986.--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: ``Payments made under section 6431 of the Internal Revenue Code of 1986'' after the item related to Payment to Radiation Exposure Compensation Trust Fund. ( c) Clerical Amendment.--The table of sections for subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec.

To amend the Internal Revenue Code of 1986 to provide for direct-pay credit bonds in the case of certain bonds the proceeds of which are used for the replacement of lead drinking water service lines. ``(2) Applicable interest rate.-- ``(A) In general.--The applicable interest rate determined under this paragraph for any qualified lead drinking water service line bond shall be the rate which the Secretary estimates will permit the issuance of qualified lead drinking water service line bonds with a specified maturity or redemption date without discount and without additional interest cost. ``(ii) Method and frequency.--For purposes of this paragraph, the Secretary will determine and announce credit rates daily for qualified lead drinking water service line bonds based on the Secretary's estimate of the yields on outstanding bonds from market sectors selected at the discretion of the Secretary that, for the business day immediately preceding the sale date of the bonds, have an investment grade rating of between A and BBB for bonds of a similar maturity and for which the interest would be included in gross income. ``(B) Application of arbitrage rules.--For purposes of section 148, the yield on a qualified lead drinking water service line bond shall be reduced by the credit allowed under this section. ``(d) Definition and Special Rules.--For purposes of this section-- ``(1) Interest includible in gross income.--For purposes of this title, interest on any qualified lead drinking water service line bond shall be includible in gross income. ``(D) Lead service line.--The term `lead service line' has the meaning given such term in section 1459B(a)(4) of such Act (42 U.S.C. 300j-19b(a)(4)). ``(3) Failure to spend required amount of bond proceeds within 5 years.-- ``(A) In general.--If at the close of the 5-year period beginning on the date of issuance less than 100 percent of the available project proceeds of the issue are expended for the purposes specified in subsection (c)(1)(A), the issuer shall redeem all of the nonqualified bonds within 90 days after the end of such period. ``(B) Extension of period.--Upon submission of a request prior to the expiration of the 5-year period under subparagraph (A), the Secretary may extend such period if the issuer establishes that the failure to expend the proceeds within such period is due to reasonable cause and the expenditures for the purposes described in subsection (c)(1)(A) will continue to proceed with due diligence. ``(B) Determination of average maturity.--For purposes of subparagraph (A)(i), average maturity shall be determined in accordance with section 147(b)(2)(A). b) Payments Made Under Section 6431 of the Internal Revenue Code of 1986.--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: ``Payments made under section 6431 of the Internal Revenue Code of 1986'' after the item related to Payment to Radiation Exposure Compensation Trust Fund. (

To amend the Internal Revenue Code of 1986 to provide for direct-pay credit bonds in the case of certain bonds the proceeds of which are used for the replacement of lead drinking water service lines. ``(2) Applicable interest rate.-- ``(A) In general.--The applicable interest rate determined under this paragraph for any qualified lead drinking water service line bond shall be the rate which the Secretary estimates will permit the issuance of qualified lead drinking water service line bonds with a specified maturity or redemption date without discount and without additional interest cost. ``(ii) Method and frequency.--For purposes of this paragraph, the Secretary will determine and announce credit rates daily for qualified lead drinking water service line bonds based on the Secretary's estimate of the yields on outstanding bonds from market sectors selected at the discretion of the Secretary that, for the business day immediately preceding the sale date of the bonds, have an investment grade rating of between A and BBB for bonds of a similar maturity and for which the interest would be included in gross income. ``(B) Application of arbitrage rules.--For purposes of section 148, the yield on a qualified lead drinking water service line bond shall be reduced by the credit allowed under this section. ``(d) Definition and Special Rules.--For purposes of this section-- ``(1) Interest includible in gross income.--For purposes of this title, interest on any qualified lead drinking water service line bond shall be includible in gross income. ``(D) Lead service line.--The term `lead service line' has the meaning given such term in section 1459B(a)(4) of such Act (42 U.S.C. 300j-19b(a)(4)). ``(3) Failure to spend required amount of bond proceeds within 5 years.-- ``(A) In general.--If at the close of the 5-year period beginning on the date of issuance less than 100 percent of the available project proceeds of the issue are expended for the purposes specified in subsection (c)(1)(A), the issuer shall redeem all of the nonqualified bonds within 90 days after the end of such period. ``(B) Extension of period.--Upon submission of a request prior to the expiration of the 5-year period under subparagraph (A), the Secretary may extend such period if the issuer establishes that the failure to expend the proceeds within such period is due to reasonable cause and the expenditures for the purposes described in subsection (c)(1)(A) will continue to proceed with due diligence. ``(B) Determination of average maturity.--For purposes of subparagraph (A)(i), average maturity shall be determined in accordance with section 147(b)(2)(A). b) Payments Made Under Section 6431 of the Internal Revenue Code of 1986.--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: ``Payments made under section 6431 of the Internal Revenue Code of 1986'' after the item related to Payment to Radiation Exposure Compensation Trust Fund. (

To amend the Internal Revenue Code of 1986 to provide for direct-pay credit bonds in the case of certain bonds the proceeds of which are used for the replacement of lead drinking water service lines. ``(a) In General.--In the case of a qualified lead drinking water service line bond, the issuer of such bond shall be allowed a credit with respect to each interest payment under such bond which shall be payable by the Secretary as provided in subsection (b). ``(2) Applicable interest rate.-- ``(A) In general.--The applicable interest rate determined under this paragraph for any qualified lead drinking water service line bond shall be the rate which the Secretary estimates will permit the issuance of qualified lead drinking water service line bonds with a specified maturity or redemption date without discount and without additional interest cost. ``(B) Procedure for rate determinations.-- ``(i) In general.--Such rate with respect to any qualified lead drinking water service line bond shall be determined as of the first day on which there is a binding, written contract for the sale or exchange of the bond. Except upon approval by the Environmental Protection Agency for circumstances in which there are emergent public health risks, none of the available project proceeds of such issue shall be used for a partial lead service line replacement. ``(2) Applicable rules.--For purposes of applying paragraph (1)-- ``(A) Not treated as federally guaranteed.--For purposes of section 149(b), a qualified lead drinking water service line bond shall not be treated as federally guaranteed by reason of the credit allowed under this section. ``(B) Application of arbitrage rules.--For purposes of section 148, the yield on a qualified lead drinking water service line bond shall be reduced by the credit allowed under this section. ``(d) Definition and Special Rules.--For purposes of this section-- ``(1) Interest includible in gross income.--For purposes of this title, interest on any qualified lead drinking water service line bond shall be includible in gross income. ``(C) Lead free.--The term `lead free' has the meaning given such term in section 1417(d) of such Act (42 U.S.C. 300g-6(d)). ``(3) Failure to spend required amount of bond proceeds within 5 years.-- ``(A) In general.--If at the close of the 5-year period beginning on the date of issuance less than 100 percent of the available project proceeds of the issue are expended for the purposes specified in subsection (c)(1)(A), the issuer shall redeem all of the nonqualified bonds within 90 days after the end of such period. ``(B) Extension of period.--Upon submission of a request prior to the expiration of the 5-year period under subparagraph (A), the Secretary may extend such period if the issuer establishes that the failure to expend the proceeds within such period is due to reasonable cause and the expenditures for the purposes described in subsection (c)(1)(A) will continue to proceed with due diligence. ``(4) Available project proceeds.--The term `available project proceeds' means-- ``(A) the excess of-- ``(i) the proceeds from the sale of an issue, over ``(ii) the sum of-- ``(I) issuance costs financed by the issue (the extent that such costs do not exceed 2 percent of such proceeds), and ``(II) amounts in a reasonably required reserve (within the meaning of section 150(a)(3)) with respect to such issue), and ``(B) the proceeds from any investment of the excess described in clause (i). ``(B) Determination of average maturity.--For purposes of subparagraph (A)(i), average maturity shall be determined in accordance with section 147(b)(2)(A). ``(6) Application of davis-bacon act requirements with respect to qualified lead drinking water service line bonds.-- Subchapter IV of chapter 31 of title 40, United States Code, shall apply to projects financed with the proceeds of qualified lead drinking water service line bonds (other than bonds issued to refund a bond originally issued before the date of the enactment of this Act). (b) Payments Made Under Section 6431 of the Internal Revenue Code of 1986.--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: ``Payments made under section 6431 of the Internal Revenue Code of 1986'' after the item related to Payment to Radiation Exposure Compensation Trust Fund. ( c) Clerical Amendment.--The table of sections for subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec.

To amend the Internal Revenue Code of 1986 to provide for direct-pay credit bonds in the case of certain bonds the proceeds of which are used for the replacement of lead drinking water service lines. ``(2) Applicable interest rate.-- ``(A) In general.--The applicable interest rate determined under this paragraph for any qualified lead drinking water service line bond shall be the rate which the Secretary estimates will permit the issuance of qualified lead drinking water service line bonds with a specified maturity or redemption date without discount and without additional interest cost. ``(ii) Method and frequency.--For purposes of this paragraph, the Secretary will determine and announce credit rates daily for qualified lead drinking water service line bonds based on the Secretary's estimate of the yields on outstanding bonds from market sectors selected at the discretion of the Secretary that, for the business day immediately preceding the sale date of the bonds, have an investment grade rating of between A and BBB for bonds of a similar maturity and for which the interest would be included in gross income. ``(B) Application of arbitrage rules.--For purposes of section 148, the yield on a qualified lead drinking water service line bond shall be reduced by the credit allowed under this section. ``(d) Definition and Special Rules.--For purposes of this section-- ``(1) Interest includible in gross income.--For purposes of this title, interest on any qualified lead drinking water service line bond shall be includible in gross income. ``(D) Lead service line.--The term `lead service line' has the meaning given such term in section 1459B(a)(4) of such Act (42 U.S.C. 300j-19b(a)(4)). ``(3) Failure to spend required amount of bond proceeds within 5 years.-- ``(A) In general.--If at the close of the 5-year period beginning on the date of issuance less than 100 percent of the available project proceeds of the issue are expended for the purposes specified in subsection (c)(1)(A), the issuer shall redeem all of the nonqualified bonds within 90 days after the end of such period. ``(B) Extension of period.--Upon submission of a request prior to the expiration of the 5-year period under subparagraph (A), the Secretary may extend such period if the issuer establishes that the failure to expend the proceeds within such period is due to reasonable cause and the expenditures for the purposes described in subsection (c)(1)(A) will continue to proceed with due diligence. ``(B) Determination of average maturity.--For purposes of subparagraph (A)(i), average maturity shall be determined in accordance with section 147(b)(2)(A). b) Payments Made Under Section 6431 of the Internal Revenue Code of 1986.--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: ``Payments made under section 6431 of the Internal Revenue Code of 1986'' after the item related to Payment to Radiation Exposure Compensation Trust Fund. (

To amend the Internal Revenue Code of 1986 to provide for direct-pay credit bonds in the case of certain bonds the proceeds of which are used for the replacement of lead drinking water service lines. ``(2) Applicable interest rate.-- ``(A) In general.--The applicable interest rate determined under this paragraph for any qualified lead drinking water service line bond shall be the rate which the Secretary estimates will permit the issuance of qualified lead drinking water service line bonds with a specified maturity or redemption date without discount and without additional interest cost. ``(2) Applicable rules.--For purposes of applying paragraph (1)-- ``(A) Not treated as federally guaranteed.--For purposes of section 149(b), a qualified lead drinking water service line bond shall not be treated as federally guaranteed by reason of the credit allowed under this section. ``(B) Application of arbitrage rules.--For purposes of section 148, the yield on a qualified lead drinking water service line bond shall be reduced by the credit allowed under this section. ``(B) Extension of period.--Upon submission of a request prior to the expiration of the 5-year period under subparagraph (A), the Secretary may extend such period if the issuer establishes that the failure to expend the proceeds within such period is due to reasonable cause and the expenditures for the purposes described in subsection (c)(1)(A) will continue to proceed with due diligence. ``(4) Available project proceeds.--The term `available project proceeds' means-- ``(A) the excess of-- ``(i) the proceeds from the sale of an issue, over ``(ii) the sum of-- ``(I) issuance costs financed by the issue (the extent that such costs do not exceed 2 percent of such proceeds), and ``(II) amounts in a reasonably required reserve (within the meaning of section 150(a)(3)) with respect to such issue), and ``(B) the proceeds from any investment of the excess described in clause (i). (b) Payments Made Under Section 6431 of the Internal Revenue Code of 1986.--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: ``Payments made under section 6431 of the Internal Revenue Code of 1986'' after the item related to Payment to Radiation Exposure Compensation Trust Fund. ( c) Clerical Amendment.--The table of sections for subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec.

To amend the Internal Revenue Code of 1986 to provide for direct-pay credit bonds in the case of certain bonds the proceeds of which are used for the replacement of lead drinking water service lines. ``(2) Applicable interest rate.-- ``(A) In general.--The applicable interest rate determined under this paragraph for any qualified lead drinking water service line bond shall be the rate which the Secretary estimates will permit the issuance of qualified lead drinking water service line bonds with a specified maturity or redemption date without discount and without additional interest cost. ``(B) Extension of period.--Upon submission of a request prior to the expiration of the 5-year period under subparagraph (A), the Secretary may extend such period if the issuer establishes that the failure to expend the proceeds within such period is due to reasonable cause and the expenditures for the purposes described in subsection (c)(1)(A) will continue to proceed with due diligence. b) Payments Made Under Section 6431 of the Internal Revenue Code of 1986.--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: ``Payments made under section 6431 of the Internal Revenue Code of 1986'' after the item related to Payment to Radiation Exposure Compensation Trust Fund. (

To amend the Internal Revenue Code of 1986 to provide for direct-pay credit bonds in the case of certain bonds the proceeds of which are used for the replacement of lead drinking water service lines. ``(2) Applicable interest rate.-- ``(A) In general.--The applicable interest rate determined under this paragraph for any qualified lead drinking water service line bond shall be the rate which the Secretary estimates will permit the issuance of qualified lead drinking water service line bonds with a specified maturity or redemption date without discount and without additional interest cost. ``(2) Applicable rules.--For purposes of applying paragraph (1)-- ``(A) Not treated as federally guaranteed.--For purposes of section 149(b), a qualified lead drinking water service line bond shall not be treated as federally guaranteed by reason of the credit allowed under this section. ``(B) Application of arbitrage rules.--For purposes of section 148, the yield on a qualified lead drinking water service line bond shall be reduced by the credit allowed under this section. ``(B) Extension of period.--Upon submission of a request prior to the expiration of the 5-year period under subparagraph (A), the Secretary may extend such period if the issuer establishes that the failure to expend the proceeds within such period is due to reasonable cause and the expenditures for the purposes described in subsection (c)(1)(A) will continue to proceed with due diligence. ``(4) Available project proceeds.--The term `available project proceeds' means-- ``(A) the excess of-- ``(i) the proceeds from the sale of an issue, over ``(ii) the sum of-- ``(I) issuance costs financed by the issue (the extent that such costs do not exceed 2 percent of such proceeds), and ``(II) amounts in a reasonably required reserve (within the meaning of section 150(a)(3)) with respect to such issue), and ``(B) the proceeds from any investment of the excess described in clause (i). (b) Payments Made Under Section 6431 of the Internal Revenue Code of 1986.--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: ``Payments made under section 6431 of the Internal Revenue Code of 1986'' after the item related to Payment to Radiation Exposure Compensation Trust Fund. ( c) Clerical Amendment.--The table of sections for subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec.

To amend the Internal Revenue Code of 1986 to provide for direct-pay credit bonds in the case of certain bonds the proceeds of which are used for the replacement of lead drinking water service lines. ``(2) Applicable interest rate.-- ``(A) In general.--The applicable interest rate determined under this paragraph for any qualified lead drinking water service line bond shall be the rate which the Secretary estimates will permit the issuance of qualified lead drinking water service line bonds with a specified maturity or redemption date without discount and without additional interest cost. ``(B) Extension of period.--Upon submission of a request prior to the expiration of the 5-year period under subparagraph (A), the Secretary may extend such period if the issuer establishes that the failure to expend the proceeds within such period is due to reasonable cause and the expenditures for the purposes described in subsection (c)(1)(A) will continue to proceed with due diligence. b) Payments Made Under Section 6431 of the Internal Revenue Code of 1986.--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: ``Payments made under section 6431 of the Internal Revenue Code of 1986'' after the item related to Payment to Radiation Exposure Compensation Trust Fund. (

To amend the Internal Revenue Code of 1986 to provide for direct-pay credit bonds in the case of certain bonds the proceeds of which are used for the replacement of lead drinking water service lines. ``(2) Applicable interest rate.-- ``(A) In general.--The applicable interest rate determined under this paragraph for any qualified lead drinking water service line bond shall be the rate which the Secretary estimates will permit the issuance of qualified lead drinking water service line bonds with a specified maturity or redemption date without discount and without additional interest cost. ``(4) Available project proceeds.--The term `available project proceeds' means-- ``(A) the excess of-- ``(i) the proceeds from the sale of an issue, over ``(ii) the sum of-- ``(I) issuance costs financed by the issue (the extent that such costs do not exceed 2 percent of such proceeds), and ``(II) amounts in a reasonably required reserve (within the meaning of section 150(a)(3)) with respect to such issue), and ``(B) the proceeds from any investment of the excess described in clause (i). ( c) Clerical Amendment.--The table of sections for subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec.

Lead-Free America Bonds Act of 2021 - Amends the Internal Revenue Code to provide for direct-pay credit bonds in the case of certain bonds the proceeds of which are used for the replacement of lead drinking water service lines. (Currently, such bonds are treated as federally guaranteed.) (Sec. 2) Requires the Secretary of the Treasury to pay to the issuer of such bonds an amount Amends the Internal Revenue Code to require the issuer of a public water system bond to redeem all of the nonqualified bonds within 90 days after issuance if at the close of the five-year period beginning on the date of issuance less than 100 percent of the available project proceeds of the issue are expended for the purposes specified in this Act. (Currently, the amount of such bonds required to

H.R.7619

Law

See UNdisclosed Legal Interpretations and Get Honest Transparency Act of 2022 or the SUNLIGHT Act of 2022 This bill generally requires that each final opinion issued by the Office of Legal Counsel be made publicly available within a specified time frame.

To provide for the publication of OLC opinions, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``See UNdisclosed Legal Interpretations and Get Honest Transparency Act of 2022'' or as the ``SUNLIGHT Act of 2022''. SEC. 2. SCHEDULE OF PUBLICATION FOR FINAL OLC OPINIONS. Each final opinion issued by the Office of Legal Counsel must be made publicly available in its entirety as soon as is practicable, but-- (1) not later than 30 days after the opinion is issued or updated if such action takes place on or after the date of enactment of this Act; (2) not later than 1 year after the date of enactment of this Act for an opinion issued on or after January 20, 1993; (3) not later than 2 years after the date of enactment of this Act for an opinion issued on or after January 20, 1981 and before or on January 19, 1993; (4) not later than 3 years after the date of enactment of this Act for an opinion issued on or after January 20, 1969 and before or on January 19, 1981; and (5) not later than 4 years after the date of enactment of this Act for all other opinions. SEC. 3. EXCEPTIONS AND LIMITATION ON PUBLIC AVAILABILITY OF FINAL OLC OPINIONS. (a) In General.--A final OLC opinion or part thereof may be withheld only to the extent-- (1) information contained in the opinion was-- (A) specifically authorized to be kept secret, under criteria established by an Executive order, in the interest of national defense or foreign policy; (B) in fact properly classified, including all procedural and marking requirements, pursuant to such Executive order; (C) the Attorney General determines that the national defense or foreign policy interests protected outweigh the public's interest in access to the information; and (D) has been put through declassification review within the past two years; (2) information contained in the opinion relates to the appointment of a specific individual not confirmed to Federal office; (3) information contained in the opinion is specifically exempted from disclosure by statute (other than sections 552 and 552b of title 5, United States Code), provided that such statute-- (A) requires that the material be withheld in such a manner as to leave no discretion on the issue; or (B) establishes particular criteria for withholding or refers to particular types of material to be withheld; (4) information in the opinion includes trade secrets and commercial or financial information obtained from a person and privileged or confidential whose disclosure would likely cause substantial harm to the competitive position of the person from whom the information was obtained; (5) the President, in his or her sole and nondelegable determination, formally and personally claims in writing that executive privilege prevents the release of the information and disclosure would cause specific identifiable harm to an interest protected by an exception or the disclosure is prohibited by law; or (6) information in the opinion includes personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. (b) Determination To Withhold.--Any determination under this section to withhold information contained in a final OLC opinion must be made by the Attorney General or a designee of the Attorney General. The determination shall be-- (1) in writing; (2) made available to the public within the same timeframe as is required of a formal OLC opinion; (3) sufficiently detailed as to inform the public of what kind of information is being withheld and the reason therefore; and (4) effective only for a period of 3 years, subject to review and reissuance, with each reissuance made available to the public. (c) Final Opinions.--For final OLC opinions for which the text is withheld in full or in substantial part, a detailed unclassified summary of the opinion must be made available to the public, in the same timeframe as required of the final OLC opinion, that conveys the essence of the opinion, including any interpretations of a statute, the Constitution, or other legal authority. A notation must be included in any published list of OLC opinions regarding the extent of the withholdings. (d) No Limitation on Relief.--A decision by the Attorney General to release or withhold information pursuant to this Act shall not preclude any action or relief conferred by statutory or regulatory regime that empowers any person to request or demand the release of information. (e) Reasonably Segregable Portions of Opinions To Be Published.-- Any reasonably segregable portion of an opinion shall be provided after withholding of the portions which are exempt under this subsection. The amount of information withheld, and the exemption under which the withholding is made, shall be indicated on the released portion of the opinion, unless including that indication would harm an interest protected by the exemption in this subsection under which the withholding is made. If technically feasible, the amount of the information withheld, and the exemption under which the withholding is made, shall be indicated at the place in the opinion where such withholding is made. SEC. 4. METHOD OF PUBLICATION. The Attorney General shall publish each final OLC opinion to the extent the law permits, including by publishing the opinions on a publicly accessible website that-- (1) with respect to each opinion-- (A) contains an electronic copy of the opinion, including any transmittal letter associated with the opinion, in an open format that is platform independent and that is available to the public without restrictions; (B) provides the public the ability to retrieve an opinion, to the extent practicable, through searches based on-- (i) the title of the opinion; (ii) the date of publication or revision; or (iii) the full text of the opinion; (C) identifies the time and date when the opinion was required to be published, and when the opinion was transmitted for publication; and (D) provides a permanent means of accessing the opinion electronically; (2) includes a means for bulk download of all OLC opinions or a selection of opinions retrieved using a text-based search; (3) provides free access to the opinions, and does not charge a fee, require registration, or impose any other limitation in exchange for access to the website; and (4) is capable of being upgraded as necessary to carry out the purposes of this Act. SEC. 5. INDEX OF OPINIONS. (a) In General.--The Office of Legal Counsel shall publish --- (1) a complete list of final OLC opinions, arranged chronologically, within 90 days of the enactment of this legislation; (2) the list of opinions shall be updated immediately every time an OLC opinion becomes final; and (3) a revision to an opinion shall be listed as if it were a new opinion. (b) Requirements as to List.--Each list under subsection (a) shall comply with the following: (1) Publication.--The list must be made available to the public by publication on the website in section 4. (2) Information and format required.--The list shall -- (A) include, for each opinion-- (i) the full name of the opinion; (ii) the date it was finalized or revised; (iii) each author's name; (iv) each recipient's name; (v) a summary of the opinion; (vi) a unique identifier assigned to each final or revised opinion; and (vii) whether an opinion has been withdrawn; and (B) be published in both human-readable and machine-readable formats. SEC. 6. PRIVATE RIGHT OF ACTION. On complaint, the district court of the United States in the district in which the complainant resides, or has his principal place of business, or in the District of Columbia, has jurisdiction to enjoin the agency from withholding information contained in a final OLC opinion and to order the production of information improperly withheld from the complainant. In such a case the court shall determine the matter de novo, and may examine the contents of such OLC opinion in camera to determine whether such information or any part thereof shall be withheld under any of the exemptions set forth in section 3, and the burden is on the agency to sustain its action. SEC. 7. SEVERABILITY. If any provision of this Act, any amendment made by this Act, or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the Act, of any such amendments, and of the application of such provisions to other persons and circumstances shall not be affected thereby. SEC. 8. DEFINITIONS. (a) OLC Opinion.--The term ``OLC opinion'' means views on a matter of legal interpretation communicated by the Office of Legal Counsel of the Department of Justice to any other office or agency, or person in an office or agency, in the Executive Branch, including any office in the Department of Justice, the White House, or the Executive Office of the President, and rendered in accordance with sections 511-513 of title 28, United States Code. Where the communication of the legal interpretation takes place verbally, a memorialization of that communication qualifies as an ``OLC opinion''. (b) Final OLC Opinion.--The term ``final OLC opinion'' means an OLC opinion that-- (1) the Attorney General, Assistant Attorney General for OLC, or a Deputy Assistant General for OLC, has determined is final; (2) government officials or government contractors are relying on; (3) is relied upon to formulate legal guidance; or (4) is directly or indirectly cited in another Office of Legal Counsel opinion. (c) Revised OLC Opinion.--The term ``revised OLC opinion'' means an OLC opinion that is withdrawn, information is added to, or information is removed from. <all>

SUNLIGHT Act of 2022

To provide for the publication of OLC opinions, and for other purposes.

SUNLIGHT Act of 2022 See UNdisclosed Legal Interpretations and Get Honest Transparency Act of 2022

Rep. Cartwright, Matt

D

PA

This bill generally requires that each final opinion issued by the Office of Legal Counsel be made publicly available within a specified time frame.

SHORT TITLE. This Act may be cited as the ``See UNdisclosed Legal Interpretations and Get Honest Transparency Act of 2022'' or as the ``SUNLIGHT Act of 2022''. 2. SCHEDULE OF PUBLICATION FOR FINAL OLC OPINIONS. Each final opinion issued by the Office of Legal Counsel must be made publicly available in its entirety as soon as is practicable, but-- (1) not later than 30 days after the opinion is issued or updated if such action takes place on or after the date of enactment of this Act; (2) not later than 1 year after the date of enactment of this Act for an opinion issued on or after January 20, 1993; (3) not later than 2 years after the date of enactment of this Act for an opinion issued on or after January 20, 1981 and before or on January 19, 1993; (4) not later than 3 years after the date of enactment of this Act for an opinion issued on or after January 20, 1969 and before or on January 19, 1981; and (5) not later than 4 years after the date of enactment of this Act for all other opinions. 3. EXCEPTIONS AND LIMITATION ON PUBLIC AVAILABILITY OF FINAL OLC OPINIONS. (b) Determination To Withhold.--Any determination under this section to withhold information contained in a final OLC opinion must be made by the Attorney General or a designee of the Attorney General. (e) Reasonably Segregable Portions of Opinions To Be Published.-- Any reasonably segregable portion of an opinion shall be provided after withholding of the portions which are exempt under this subsection. If technically feasible, the amount of the information withheld, and the exemption under which the withholding is made, shall be indicated at the place in the opinion where such withholding is made. 4. 5. INDEX OF OPINIONS. (2) Information and format required.--The list shall -- (A) include, for each opinion-- (i) the full name of the opinion; (ii) the date it was finalized or revised; (iii) each author's name; (iv) each recipient's name; (v) a summary of the opinion; (vi) a unique identifier assigned to each final or revised opinion; and (vii) whether an opinion has been withdrawn; and (B) be published in both human-readable and machine-readable formats. 6. SEC. (a) OLC Opinion.--The term ``OLC opinion'' means views on a matter of legal interpretation communicated by the Office of Legal Counsel of the Department of Justice to any other office or agency, or person in an office or agency, in the Executive Branch, including any office in the Department of Justice, the White House, or the Executive Office of the President, and rendered in accordance with sections 511-513 of title 28, United States Code.

SHORT TITLE. This Act may be cited as the ``See UNdisclosed Legal Interpretations and Get Honest Transparency Act of 2022'' or as the ``SUNLIGHT Act of 2022''. 2. SCHEDULE OF PUBLICATION FOR FINAL OLC OPINIONS. Each final opinion issued by the Office of Legal Counsel must be made publicly available in its entirety as soon as is practicable, but-- (1) not later than 30 days after the opinion is issued or updated if such action takes place on or after the date of enactment of this Act; (2) not later than 1 year after the date of enactment of this Act for an opinion issued on or after January 20, 1993; (3) not later than 2 years after the date of enactment of this Act for an opinion issued on or after January 20, 1981 and before or on January 19, 1993; (4) not later than 3 years after the date of enactment of this Act for an opinion issued on or after January 20, 1969 and before or on January 19, 1981; and (5) not later than 4 years after the date of enactment of this Act for all other opinions. 3. EXCEPTIONS AND LIMITATION ON PUBLIC AVAILABILITY OF FINAL OLC OPINIONS. (b) Determination To Withhold.--Any determination under this section to withhold information contained in a final OLC opinion must be made by the Attorney General or a designee of the Attorney General. (e) Reasonably Segregable Portions of Opinions To Be Published.-- Any reasonably segregable portion of an opinion shall be provided after withholding of the portions which are exempt under this subsection. If technically feasible, the amount of the information withheld, and the exemption under which the withholding is made, shall be indicated at the place in the opinion where such withholding is made. 4. 5. INDEX OF OPINIONS. 6. SEC.

SHORT TITLE. This Act may be cited as the ``See UNdisclosed Legal Interpretations and Get Honest Transparency Act of 2022'' or as the ``SUNLIGHT Act of 2022''. 2. SCHEDULE OF PUBLICATION FOR FINAL OLC OPINIONS. Each final opinion issued by the Office of Legal Counsel must be made publicly available in its entirety as soon as is practicable, but-- (1) not later than 30 days after the opinion is issued or updated if such action takes place on or after the date of enactment of this Act; (2) not later than 1 year after the date of enactment of this Act for an opinion issued on or after January 20, 1993; (3) not later than 2 years after the date of enactment of this Act for an opinion issued on or after January 20, 1981 and before or on January 19, 1993; (4) not later than 3 years after the date of enactment of this Act for an opinion issued on or after January 20, 1969 and before or on January 19, 1981; and (5) not later than 4 years after the date of enactment of this Act for all other opinions. 3. EXCEPTIONS AND LIMITATION ON PUBLIC AVAILABILITY OF FINAL OLC OPINIONS. (b) Determination To Withhold.--Any determination under this section to withhold information contained in a final OLC opinion must be made by the Attorney General or a designee of the Attorney General. (e) Reasonably Segregable Portions of Opinions To Be Published.-- Any reasonably segregable portion of an opinion shall be provided after withholding of the portions which are exempt under this subsection. If technically feasible, the amount of the information withheld, and the exemption under which the withholding is made, shall be indicated at the place in the opinion where such withholding is made. 4. 5. INDEX OF OPINIONS. (2) Information and format required.--The list shall -- (A) include, for each opinion-- (i) the full name of the opinion; (ii) the date it was finalized or revised; (iii) each author's name; (iv) each recipient's name; (v) a summary of the opinion; (vi) a unique identifier assigned to each final or revised opinion; and (vii) whether an opinion has been withdrawn; and (B) be published in both human-readable and machine-readable formats. 6. SEC. (a) OLC Opinion.--The term ``OLC opinion'' means views on a matter of legal interpretation communicated by the Office of Legal Counsel of the Department of Justice to any other office or agency, or person in an office or agency, in the Executive Branch, including any office in the Department of Justice, the White House, or the Executive Office of the President, and rendered in accordance with sections 511-513 of title 28, United States Code.

SHORT TITLE. This Act may be cited as the ``See UNdisclosed Legal Interpretations and Get Honest Transparency Act of 2022'' or as the ``SUNLIGHT Act of 2022''. 2. SCHEDULE OF PUBLICATION FOR FINAL OLC OPINIONS. Each final opinion issued by the Office of Legal Counsel must be made publicly available in its entirety as soon as is practicable, but-- (1) not later than 30 days after the opinion is issued or updated if such action takes place on or after the date of enactment of this Act; (2) not later than 1 year after the date of enactment of this Act for an opinion issued on or after January 20, 1993; (3) not later than 2 years after the date of enactment of this Act for an opinion issued on or after January 20, 1981 and before or on January 19, 1993; (4) not later than 3 years after the date of enactment of this Act for an opinion issued on or after January 20, 1969 and before or on January 19, 1981; and (5) not later than 4 years after the date of enactment of this Act for all other opinions. 3. EXCEPTIONS AND LIMITATION ON PUBLIC AVAILABILITY OF FINAL OLC OPINIONS. (a) In General.--A final OLC opinion or part thereof may be withheld only to the extent-- (1) information contained in the opinion was-- (A) specifically authorized to be kept secret, under criteria established by an Executive order, in the interest of national defense or foreign policy; (B) in fact properly classified, including all procedural and marking requirements, pursuant to such Executive order; (C) the Attorney General determines that the national defense or foreign policy interests protected outweigh the public's interest in access to the information; and (D) has been put through declassification review within the past two years; (2) information contained in the opinion relates to the appointment of a specific individual not confirmed to Federal office; (3) information contained in the opinion is specifically exempted from disclosure by statute (other than sections 552 and 552b of title 5, United States Code), provided that such statute-- (A) requires that the material be withheld in such a manner as to leave no discretion on the issue; or (B) establishes particular criteria for withholding or refers to particular types of material to be withheld; (4) information in the opinion includes trade secrets and commercial or financial information obtained from a person and privileged or confidential whose disclosure would likely cause substantial harm to the competitive position of the person from whom the information was obtained; (5) the President, in his or her sole and nondelegable determination, formally and personally claims in writing that executive privilege prevents the release of the information and disclosure would cause specific identifiable harm to an interest protected by an exception or the disclosure is prohibited by law; or (6) information in the opinion includes personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. (b) Determination To Withhold.--Any determination under this section to withhold information contained in a final OLC opinion must be made by the Attorney General or a designee of the Attorney General. (e) Reasonably Segregable Portions of Opinions To Be Published.-- Any reasonably segregable portion of an opinion shall be provided after withholding of the portions which are exempt under this subsection. If technically feasible, the amount of the information withheld, and the exemption under which the withholding is made, shall be indicated at the place in the opinion where such withholding is made. 4. 5. INDEX OF OPINIONS. (2) Information and format required.--The list shall -- (A) include, for each opinion-- (i) the full name of the opinion; (ii) the date it was finalized or revised; (iii) each author's name; (iv) each recipient's name; (v) a summary of the opinion; (vi) a unique identifier assigned to each final or revised opinion; and (vii) whether an opinion has been withdrawn; and (B) be published in both human-readable and machine-readable formats. 6. On complaint, the district court of the United States in the district in which the complainant resides, or has his principal place of business, or in the District of Columbia, has jurisdiction to enjoin the agency from withholding information contained in a final OLC opinion and to order the production of information improperly withheld from the complainant. 7. SEVERABILITY. If any provision of this Act, any amendment made by this Act, or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the Act, of any such amendments, and of the application of such provisions to other persons and circumstances shall not be affected thereby. SEC. 8. DEFINITIONS. (a) OLC Opinion.--The term ``OLC opinion'' means views on a matter of legal interpretation communicated by the Office of Legal Counsel of the Department of Justice to any other office or agency, or person in an office or agency, in the Executive Branch, including any office in the Department of Justice, the White House, or the Executive Office of the President, and rendered in accordance with sections 511-513 of title 28, United States Code.

To provide for the publication of OLC opinions, and for other purposes. EXCEPTIONS AND LIMITATION ON PUBLIC AVAILABILITY OF FINAL OLC OPINIONS. (b) Determination To Withhold.--Any determination under this section to withhold information contained in a final OLC opinion must be made by the Attorney General or a designee of the Attorney General. c) Final Opinions.--For final OLC opinions for which the text is withheld in full or in substantial part, a detailed unclassified summary of the opinion must be made available to the public, in the same timeframe as required of the final OLC opinion, that conveys the essence of the opinion, including any interpretations of a statute, the Constitution, or other legal authority. (e) Reasonably Segregable Portions of Opinions To Be Published.-- Any reasonably segregable portion of an opinion shall be provided after withholding of the portions which are exempt under this subsection. If technically feasible, the amount of the information withheld, and the exemption under which the withholding is made, shall be indicated at the place in the opinion where such withholding is made. (a) In General.--The Office of Legal Counsel shall publish --- (1) a complete list of final OLC opinions, arranged chronologically, within 90 days of the enactment of this legislation; (2) the list of opinions shall be updated immediately every time an OLC opinion becomes final; and (3) a revision to an opinion shall be listed as if it were a new opinion. ( b) Requirements as to List.--Each list under subsection (a) shall comply with the following: (1) Publication.--The list must be made available to the public by publication on the website in section 4. ( In such a case the court shall determine the matter de novo, and may examine the contents of such OLC opinion in camera to determine whether such information or any part thereof shall be withheld under any of the exemptions set forth in section 3, and the burden is on the agency to sustain its action. a) OLC Opinion.--The term ``OLC opinion'' means views on a matter of legal interpretation communicated by the Office of Legal Counsel of the Department of Justice to any other office or agency, or person in an office or agency, in the Executive Branch, including any office in the Department of Justice, the White House, or the Executive Office of the President, and rendered in accordance with sections 511-513 of title 28, United States Code. (b) Final OLC Opinion.--The term ``final OLC opinion'' means an OLC opinion that-- (1) the Attorney General, Assistant Attorney General for OLC, or a Deputy Assistant General for OLC, has determined is final; (2) government officials or government contractors are relying on; (3) is relied upon to formulate legal guidance; or (4) is directly or indirectly cited in another Office of Legal Counsel opinion. ( c) Revised OLC Opinion.--The term ``revised OLC opinion'' means an OLC opinion that is withdrawn, information is added to, or information is removed from.

To provide for the publication of OLC opinions, and for other purposes. EXCEPTIONS AND LIMITATION ON PUBLIC AVAILABILITY OF FINAL OLC OPINIONS. b) Determination To Withhold.--Any determination under this section to withhold information contained in a final OLC opinion must be made by the Attorney General or a designee of the Attorney General. The determination shall be-- (1) in writing; (2) made available to the public within the same timeframe as is required of a formal OLC opinion; (3) sufficiently detailed as to inform the public of what kind of information is being withheld and the reason therefore; and (4) effective only for a period of 3 years, subject to review and reissuance, with each reissuance made available to the public. ( c) Final Opinions.--For final OLC opinions for which the text is withheld in full or in substantial part, a detailed unclassified summary of the opinion must be made available to the public, in the same timeframe as required of the final OLC opinion, that conveys the essence of the opinion, including any interpretations of a statute, the Constitution, or other legal authority. a) In General.--The Office of Legal Counsel shall publish --- (1) a complete list of final OLC opinions, arranged chronologically, within 90 days of the enactment of this legislation; (2) the list of opinions shall be updated immediately every time an OLC opinion becomes final; and (3) a revision to an opinion shall be listed as if it were a new opinion. ( b) Requirements as to List.--Each list under subsection (a) shall comply with the following: (1) Publication.--The list must be made available to the public by publication on the website in section 4. (2) Information and format required.--The list shall -- (A) include, for each opinion-- (i) the full name of the opinion; (ii) the date it was finalized or revised; (iii) each author's name; (iv) each recipient's name; (v) a summary of the opinion; (vi) a unique identifier assigned to each final or revised opinion; and (vii) whether an opinion has been withdrawn; and (B) be published in both human-readable and machine-readable formats. On complaint, the district court of the United States in the district in which the complainant resides, or has his principal place of business, or in the District of Columbia, has jurisdiction to enjoin the agency from withholding information contained in a final OLC opinion and to order the production of information improperly withheld from the complainant. (b) Final OLC Opinion.--The term ``final OLC opinion'' means an OLC opinion that-- (1) the Attorney General, Assistant Attorney General for OLC, or a Deputy Assistant General for OLC, has determined is final; (2) government officials or government contractors are relying on; (3) is relied upon to formulate legal guidance; or (4) is directly or indirectly cited in another Office of Legal Counsel opinion. ( c) Revised OLC Opinion.--The term ``revised OLC opinion'' means an OLC opinion that is withdrawn, information is added to, or information is removed from.

To provide for the publication of OLC opinions, and for other purposes. EXCEPTIONS AND LIMITATION ON PUBLIC AVAILABILITY OF FINAL OLC OPINIONS. b) Determination To Withhold.--Any determination under this section to withhold information contained in a final OLC opinion must be made by the Attorney General or a designee of the Attorney General. The determination shall be-- (1) in writing; (2) made available to the public within the same timeframe as is required of a formal OLC opinion; (3) sufficiently detailed as to inform the public of what kind of information is being withheld and the reason therefore; and (4) effective only for a period of 3 years, subject to review and reissuance, with each reissuance made available to the public. ( c) Final Opinions.--For final OLC opinions for which the text is withheld in full or in substantial part, a detailed unclassified summary of the opinion must be made available to the public, in the same timeframe as required of the final OLC opinion, that conveys the essence of the opinion, including any interpretations of a statute, the Constitution, or other legal authority. a) In General.--The Office of Legal Counsel shall publish --- (1) a complete list of final OLC opinions, arranged chronologically, within 90 days of the enactment of this legislation; (2) the list of opinions shall be updated immediately every time an OLC opinion becomes final; and (3) a revision to an opinion shall be listed as if it were a new opinion. ( b) Requirements as to List.--Each list under subsection (a) shall comply with the following: (1) Publication.--The list must be made available to the public by publication on the website in section 4. (2) Information and format required.--The list shall -- (A) include, for each opinion-- (i) the full name of the opinion; (ii) the date it was finalized or revised; (iii) each author's name; (iv) each recipient's name; (v) a summary of the opinion; (vi) a unique identifier assigned to each final or revised opinion; and (vii) whether an opinion has been withdrawn; and (B) be published in both human-readable and machine-readable formats. On complaint, the district court of the United States in the district in which the complainant resides, or has his principal place of business, or in the District of Columbia, has jurisdiction to enjoin the agency from withholding information contained in a final OLC opinion and to order the production of information improperly withheld from the complainant. (b) Final OLC Opinion.--The term ``final OLC opinion'' means an OLC opinion that-- (1) the Attorney General, Assistant Attorney General for OLC, or a Deputy Assistant General for OLC, has determined is final; (2) government officials or government contractors are relying on; (3) is relied upon to formulate legal guidance; or (4) is directly or indirectly cited in another Office of Legal Counsel opinion. ( c) Revised OLC Opinion.--The term ``revised OLC opinion'' means an OLC opinion that is withdrawn, information is added to, or information is removed from.

To provide for the publication of OLC opinions, and for other purposes. EXCEPTIONS AND LIMITATION ON PUBLIC AVAILABILITY OF FINAL OLC OPINIONS. (b) Determination To Withhold.--Any determination under this section to withhold information contained in a final OLC opinion must be made by the Attorney General or a designee of the Attorney General. c) Final Opinions.--For final OLC opinions for which the text is withheld in full or in substantial part, a detailed unclassified summary of the opinion must be made available to the public, in the same timeframe as required of the final OLC opinion, that conveys the essence of the opinion, including any interpretations of a statute, the Constitution, or other legal authority. (e) Reasonably Segregable Portions of Opinions To Be Published.-- Any reasonably segregable portion of an opinion shall be provided after withholding of the portions which are exempt under this subsection. If technically feasible, the amount of the information withheld, and the exemption under which the withholding is made, shall be indicated at the place in the opinion where such withholding is made. (a) In General.--The Office of Legal Counsel shall publish --- (1) a complete list of final OLC opinions, arranged chronologically, within 90 days of the enactment of this legislation; (2) the list of opinions shall be updated immediately every time an OLC opinion becomes final; and (3) a revision to an opinion shall be listed as if it were a new opinion. ( b) Requirements as to List.--Each list under subsection (a) shall comply with the following: (1) Publication.--The list must be made available to the public by publication on the website in section 4. ( In such a case the court shall determine the matter de novo, and may examine the contents of such OLC opinion in camera to determine whether such information or any part thereof shall be withheld under any of the exemptions set forth in section 3, and the burden is on the agency to sustain its action. a) OLC Opinion.--The term ``OLC opinion'' means views on a matter of legal interpretation communicated by the Office of Legal Counsel of the Department of Justice to any other office or agency, or person in an office or agency, in the Executive Branch, including any office in the Department of Justice, the White House, or the Executive Office of the President, and rendered in accordance with sections 511-513 of title 28, United States Code. (b) Final OLC Opinion.--The term ``final OLC opinion'' means an OLC opinion that-- (1) the Attorney General, Assistant Attorney General for OLC, or a Deputy Assistant General for OLC, has determined is final; (2) government officials or government contractors are relying on; (3) is relied upon to formulate legal guidance; or (4) is directly or indirectly cited in another Office of Legal Counsel opinion. ( c) Revised OLC Opinion.--The term ``revised OLC opinion'' means an OLC opinion that is withdrawn, information is added to, or information is removed from.

To provide for the publication of OLC opinions, and for other purposes. EXCEPTIONS AND LIMITATION ON PUBLIC AVAILABILITY OF FINAL OLC OPINIONS. b) Determination To Withhold.--Any determination under this section to withhold information contained in a final OLC opinion must be made by the Attorney General or a designee of the Attorney General. The determination shall be-- (1) in writing; (2) made available to the public within the same timeframe as is required of a formal OLC opinion; (3) sufficiently detailed as to inform the public of what kind of information is being withheld and the reason therefore; and (4) effective only for a period of 3 years, subject to review and reissuance, with each reissuance made available to the public. ( c) Final Opinions.--For final OLC opinions for which the text is withheld in full or in substantial part, a detailed unclassified summary of the opinion must be made available to the public, in the same timeframe as required of the final OLC opinion, that conveys the essence of the opinion, including any interpretations of a statute, the Constitution, or other legal authority. a) In General.--The Office of Legal Counsel shall publish --- (1) a complete list of final OLC opinions, arranged chronologically, within 90 days of the enactment of this legislation; (2) the list of opinions shall be updated immediately every time an OLC opinion becomes final; and (3) a revision to an opinion shall be listed as if it were a new opinion. ( b) Requirements as to List.--Each list under subsection (a) shall comply with the following: (1) Publication.--The list must be made available to the public by publication on the website in section 4. (2) Information and format required.--The list shall -- (A) include, for each opinion-- (i) the full name of the opinion; (ii) the date it was finalized or revised; (iii) each author's name; (iv) each recipient's name; (v) a summary of the opinion; (vi) a unique identifier assigned to each final or revised opinion; and (vii) whether an opinion has been withdrawn; and (B) be published in both human-readable and machine-readable formats. On complaint, the district court of the United States in the district in which the complainant resides, or has his principal place of business, or in the District of Columbia, has jurisdiction to enjoin the agency from withholding information contained in a final OLC opinion and to order the production of information improperly withheld from the complainant. (b) Final OLC Opinion.--The term ``final OLC opinion'' means an OLC opinion that-- (1) the Attorney General, Assistant Attorney General for OLC, or a Deputy Assistant General for OLC, has determined is final; (2) government officials or government contractors are relying on; (3) is relied upon to formulate legal guidance; or (4) is directly or indirectly cited in another Office of Legal Counsel opinion. ( c) Revised OLC Opinion.--The term ``revised OLC opinion'' means an OLC opinion that is withdrawn, information is added to, or information is removed from.

To provide for the publication of OLC opinions, and for other purposes. EXCEPTIONS AND LIMITATION ON PUBLIC AVAILABILITY OF FINAL OLC OPINIONS. (b) Determination To Withhold.--Any determination under this section to withhold information contained in a final OLC opinion must be made by the Attorney General or a designee of the Attorney General. c) Final Opinions.--For final OLC opinions for which the text is withheld in full or in substantial part, a detailed unclassified summary of the opinion must be made available to the public, in the same timeframe as required of the final OLC opinion, that conveys the essence of the opinion, including any interpretations of a statute, the Constitution, or other legal authority. (e) Reasonably Segregable Portions of Opinions To Be Published.-- Any reasonably segregable portion of an opinion shall be provided after withholding of the portions which are exempt under this subsection. If technically feasible, the amount of the information withheld, and the exemption under which the withholding is made, shall be indicated at the place in the opinion where such withholding is made. (a) In General.--The Office of Legal Counsel shall publish --- (1) a complete list of final OLC opinions, arranged chronologically, within 90 days of the enactment of this legislation; (2) the list of opinions shall be updated immediately every time an OLC opinion becomes final; and (3) a revision to an opinion shall be listed as if it were a new opinion. ( b) Requirements as to List.--Each list under subsection (a) shall comply with the following: (1) Publication.--The list must be made available to the public by publication on the website in section 4. ( In such a case the court shall determine the matter de novo, and may examine the contents of such OLC opinion in camera to determine whether such information or any part thereof shall be withheld under any of the exemptions set forth in section 3, and the burden is on the agency to sustain its action. a) OLC Opinion.--The term ``OLC opinion'' means views on a matter of legal interpretation communicated by the Office of Legal Counsel of the Department of Justice to any other office or agency, or person in an office or agency, in the Executive Branch, including any office in the Department of Justice, the White House, or the Executive Office of the President, and rendered in accordance with sections 511-513 of title 28, United States Code. (b) Final OLC Opinion.--The term ``final OLC opinion'' means an OLC opinion that-- (1) the Attorney General, Assistant Attorney General for OLC, or a Deputy Assistant General for OLC, has determined is final; (2) government officials or government contractors are relying on; (3) is relied upon to formulate legal guidance; or (4) is directly or indirectly cited in another Office of Legal Counsel opinion. ( c) Revised OLC Opinion.--The term ``revised OLC opinion'' means an OLC opinion that is withdrawn, information is added to, or information is removed from.

To provide for the publication of OLC opinions, and for other purposes. a) In General.--The Office of Legal Counsel shall publish --- (1) a complete list of final OLC opinions, arranged chronologically, within 90 days of the enactment of this legislation; (2) the list of opinions shall be updated immediately every time an OLC opinion becomes final; and (3) a revision to an opinion shall be listed as if it were a new opinion. ( On complaint, the district court of the United States in the district in which the complainant resides, or has his principal place of business, or in the District of Columbia, has jurisdiction to enjoin the agency from withholding information contained in a final OLC opinion and to order the production of information improperly withheld from the complainant. ( b) Final OLC Opinion.--The term ``final OLC opinion'' means an OLC opinion that-- (1) the Attorney General, Assistant Attorney General for OLC, or a Deputy Assistant General for OLC, has determined is final; (2) government officials or government contractors are relying on; (3) is relied upon to formulate legal guidance; or (4) is directly or indirectly cited in another Office of Legal Counsel opinion. (

To provide for the publication of OLC opinions, and for other purposes. EXCEPTIONS AND LIMITATION ON PUBLIC AVAILABILITY OF FINAL OLC OPINIONS. (b) Determination To Withhold.--Any determination under this section to withhold information contained in a final OLC opinion must be made by the Attorney General or a designee of the Attorney General. c) Final Opinions.--For final OLC opinions for which the text is withheld in full or in substantial part, a detailed unclassified summary of the opinion must be made available to the public, in the same timeframe as required of the final OLC opinion, that conveys the essence of the opinion, including any interpretations of a statute, the Constitution, or other legal authority. (e) Reasonably Segregable Portions of Opinions To Be Published.-- Any reasonably segregable portion of an opinion shall be provided after withholding of the portions which are exempt under this subsection. If technically feasible, the amount of the information withheld, and the exemption under which the withholding is made, shall be indicated at the place in the opinion where such withholding is made. (a) In General.--The Office of Legal Counsel shall publish --- (1) a complete list of final OLC opinions, arranged chronologically, within 90 days of the enactment of this legislation; (2) the list of opinions shall be updated immediately every time an OLC opinion becomes final; and (3) a revision to an opinion shall be listed as if it were a new opinion. ( b) Requirements as to List.--Each list under subsection (a) shall comply with the following: (1) Publication.--The list must be made available to the public by publication on the website in section 4. ( In such a case the court shall determine the matter de novo, and may examine the contents of such OLC opinion in camera to determine whether such information or any part thereof shall be withheld under any of the exemptions set forth in section 3, and the burden is on the agency to sustain its action. a) OLC Opinion.--The term ``OLC opinion'' means views on a matter of legal interpretation communicated by the Office of Legal Counsel of the Department of Justice to any other office or agency, or person in an office or agency, in the Executive Branch, including any office in the Department of Justice, the White House, or the Executive Office of the President, and rendered in accordance with sections 511-513 of title 28, United States Code. (b) Final OLC Opinion.--The term ``final OLC opinion'' means an OLC opinion that-- (1) the Attorney General, Assistant Attorney General for OLC, or a Deputy Assistant General for OLC, has determined is final; (2) government officials or government contractors are relying on; (3) is relied upon to formulate legal guidance; or (4) is directly or indirectly cited in another Office of Legal Counsel opinion. ( c) Revised OLC Opinion.--The term ``revised OLC opinion'' means an OLC opinion that is withdrawn, information is added to, or information is removed from.

To provide for the publication of OLC opinions, and for other purposes. a) In General.--The Office of Legal Counsel shall publish --- (1) a complete list of final OLC opinions, arranged chronologically, within 90 days of the enactment of this legislation; (2) the list of opinions shall be updated immediately every time an OLC opinion becomes final; and (3) a revision to an opinion shall be listed as if it were a new opinion. ( On complaint, the district court of the United States in the district in which the complainant resides, or has his principal place of business, or in the District of Columbia, has jurisdiction to enjoin the agency from withholding information contained in a final OLC opinion and to order the production of information improperly withheld from the complainant. ( b) Final OLC Opinion.--The term ``final OLC opinion'' means an OLC opinion that-- (1) the Attorney General, Assistant Attorney General for OLC, or a Deputy Assistant General for OLC, has determined is final; (2) government officials or government contractors are relying on; (3) is relied upon to formulate legal guidance; or (4) is directly or indirectly cited in another Office of Legal Counsel opinion. (

To provide for the publication of OLC opinions, and for other purposes. c) Final Opinions.--For final OLC opinions for which the text is withheld in full or in substantial part, a detailed unclassified summary of the opinion must be made available to the public, in the same timeframe as required of the final OLC opinion, that conveys the essence of the opinion, including any interpretations of a statute, the Constitution, or other legal authority. ( ( b) Requirements as to List.--Each list under subsection (a) shall comply with the following: (1) Publication.--The list must be made available to the public by publication on the website in section 4. ( a) OLC Opinion.--The term ``OLC opinion'' means views on a matter of legal interpretation communicated by the Office of Legal Counsel of the Department of Justice to any other office or agency, or person in an office or agency, in the Executive Branch, including any office in the Department of Justice, the White House, or the Executive Office of the President, and rendered in accordance with sections 511-513 of title 28, United States Code. ( ( c) Revised OLC Opinion.--The term ``revised OLC opinion'' means an OLC opinion that is withdrawn, information is added to, or information is removed from.

UNdisclosed Legal Interpretations and Get Honest Transparency Act of 2022 or the SUNLIGHT Act of 2012 - Requires each final opinion issued by the Office of Legal Counsel (OLC) to be made publicly available in its entirety as soon as practicable, but only to the extent: (1) the opinion was specifically authorized to be kept secret in the interest of national defense or Directs the Office of Legal Counsel (OLC) to publish a complete list of final OLC opinions within 90 days of enactment of this Act, which shall be updated immediately every time an OLC opinion becomes final. Requires each list to include: (1) the full name of the opinion; (2) the date it was finalized or revised; (3) each author's

H.R.8650

Health

Let Doctors Provide Reproductive Health Care Act This bill sets out protections for and establishes programs to support health care providers (and those who assist such providers) who offer reproductive health care services that are lawful in the state where the services are provided. Reproductive health care services refer to abortion services; contraceptive services; in vitro fertilization; or other reproductive care, education, and counseling that is provided (1) at a health care site or via telehealth, and (2) in a medically accurate manner. The bill prohibits individuals, entities, and states from preventing, restricting, or otherwise interfering with the provision of lawful reproductive health care services by health care providers. The Department of Justice, individuals, or providers may bring a lawsuit to enforce this bill, and states are not immune from suits for violations. Furthermore, states may not use federal funds to pursue legal cases or similar proceedings (e.g., adverse licensing proceedings) against health care providers, individuals, or entities that offer or assist with lawful reproductive health care services. Additionally, medical malpractice insurers may not deny coverage to or sue a health care provider because the provider offers or assists with lawful reproductive health care services. The bill also funds grants to assist health care providers who offer or refer for abortion services and face legal issues relating to their provision of reproductive health care services with legal matters and improving security.

To ensure the right to provide reproductive health care services, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Let Doctors Provide Reproductive Health Care Act''. SEC. 2. DEFINITIONS. In this Act: (1) Health care provider.--The term ``health care provider'' means any entity, employee of such entity, or individual (including any physician, certified nurse-midwife, nurse practitioner, and physician assistant) that-- (A) is engaged or seeks to engage in the delivery of reproductive health care services; and (B) if required by State law to be licensed, certified, or otherwise authorized to engage in the delivery of such services-- (i) is so licensed, certified, or otherwise authorized; or (ii) would be so licensed, certified, or otherwise authorized, but for their past, present, or potential provision of abortion services. (2) Reproductive health care services.--The term ``reproductive health care services'' means abortion services, contraception services, in vitro fertilization, or other reproductive care, education, and counseling that-- (A) is provided in a hospital, clinic, physician's office, or other service site, or provided via telehealth, intended to provide medical, surgical, counseling, or referral services; (B) is provided in a medically accurate manner; and (C) in any way affects commerce over which the United States has jurisdiction. (3) State.--The term ``State'' means each of the 50 States, the District of Columbia, Puerto Rico, each territory and possession of the United States, and any subdivision of a State, including any unit of local government, such as a county, city, town, village, or other general purpose political subdivision of a State. SEC. 3. RIGHT TO PROVIDE REPRODUCTIVE HEALTH CARE SERVICES. (a) Prohibition.--No individual, entity, or State may prevent, restrict, impede, or disadvantage-- (1) a health care provider from providing or assisting with reproductive health care services lawful in the State in which the services are to be provided; (2) any individual or entity from assisting a health care provider in providing or assisting with reproductive health care services lawful in the State in which services are to be provided; or (3) a health care provider or any individual or entity from providing or assisting a health care provider with reproductive health care services for an individual who does not reside in the State in which the services are to be provided. (b) Enforcement.-- (1) Attorney general.--The Attorney General may commence a civil action on behalf of the United States against any State, or against any government official, individual, or entity that enacts, implements, or enforces a limitation or requirement that violates subsection (a). The court shall hold unlawful and set aside the limitation or requirement if it is in violation of subsection (a). (2) Private right of action.--Any individual or entity adversely affected by an alleged violation of subsection (a) may commence a civil action against any State that violates this section or against any government official that enacts, implements, or enforces a limitation or requirement that violates subsection (a). The court shall hold unlawful and enjoin the limitation or requirement if it is in violation of subsection (a). (3) Health care provider.--A health care provider may commence an action for relief on its own behalf, on behalf of the provider's staff, and on behalf of the provider's patients who are or may be adversely affected by an alleged violation of subsection (a). (4) Equitable relief.--In any action under this section, the court may award appropriate equitable relief, including temporary, preliminary, or permanent injunctive relief. (5) Costs.--In any action under this section, the court shall award costs of litigation, as well as reasonable attorney's fees, to any prevailing plaintiff. A plaintiff shall not be liable to a defendant for costs or attorney's fees in any non-frivolous action under this section. (6) Jurisdiction.--The district courts of the United States shall have jurisdiction over proceedings under this section and shall exercise the same without regard to whether the party aggrieved shall have exhausted any administrative or other remedies that may be provided for by law. (7) Abrogation of state immunity.--Neither a State that enforces or maintains, nor a government official who is permitted to implement or enforce, any limitation or requirement that violates subsection (a) shall be immune under the Tenth Amendment to the Constitution of the United States, the Eleventh Amendment to the Constitution of the United States, or any other source of law, from an action in a Federal or State court of competent jurisdiction challenging that limitation or requirement. (8) Right to remove.--Any party shall have a right to remove an action brought under this subsection to the district court of the United States for the district and division embracing the place where such action is pending. An order remanding the case to the State court from which it was removed under this paragraph may be immediately reviewable by appeal or otherwise. (c) Rules of Construction.-- (1) In general.--Nothing in this section shall be construed to modify, supersede, or otherwise affect the authority of any executive branch agency to promulgate regulations or otherwise implement laws. (2) Other individuals considered as government officials.-- Any person who, by operation of a provision of Federal or State law, is permitted to implement or enforce a limitation or requirement that violates this section shall be considered a government official for purposes of this Act. SEC. 4. PROHIBITION ON THE USE OF FEDERAL FUNDS. Notwithstanding any other provision of law, no Federal funds may be used by a State, including through a grant, contract, or cooperative agreement, to pursue legal cases against residents or other individuals or entities, or to take any other enforcement, disciplinary, or adverse licensing proceeding on the basis of such residents or other individuals or entities providing or assisting with reproductive health care services that are lawful in the State in which the services are provided. SEC. 5. REPRODUCTIVE HEALTH CARE LEGAL SERVICES DEFENSE FUND GRANTS. (a) Definitions.--In this section: (1) Eligible entity.--The term ``eligible entity'' means an individual, partnership, firm, corporation, or nonprofit organization that has a specific expertise in providing legal assistance and is licensed to practice law. (2) Eligible provider.--The term ``eligible provider'' means a health care provider that-- (A) provides or refers for abortion care services; and (B) faces legal issues relating to providing or assisting with reproductive health care services. (b) Funding.--There is appropriated to the Attorney General, out of amounts in the Treasury not otherwise appropriated, $40,000,000, to remain available until expended, for purposes of awarding grants to eligible entities or consortia of eligible entities to provide legal assistance to eligible providers. (c) Application.-- (1) In general.--An eligible entity desiring a grant under this section shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General may require. (2) Joint applications.--Multiple eligible entities may submit a joint application that designates a single eligible entity as the lead entity for the purposes of receiving and disbursing funds received through a grant under this section. (d) Use of Funds.--An eligible entity may use amounts received under a grant under this section-- (1) to provide advice, legal services, or representation to eligible providers, related to providing or assisting with reproductive health care services under Federal, State, and local law; (2) to educate eligible providers about the rights and obligations of the eligible provider related to providing or assisting with reproductive health care services under Federal, State, and local law; (3) to monitor compliance by a State with Federal, State, and local laws related to providing or assisting with reproductive health care services; and (4) for any other activity the Attorney General may reasonably prescribe that is related to providing or assisting with reproductive health care services under Federal, State, and local law. SEC. 6. REPRODUCTIVE HEALTH CARE SERVICES SECURITY GRANTS. (a) In General.--There is appropriated to the Secretary of Health and Human Services (referred to in this section as the ``Secretary''), out of amounts in the Treasury not otherwise appropriated, $40,000,000, for purposes of awarding grants to eligible providers (as defined in section 5(a)(2)(A)) for enhanced security for staff and patients of such providers. (b) Application.--An eligible provider (as defined in section 5(a)) desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (c) Use of Funds.--A recipient of a grant under this section may use such grant funds for any of the following purposes: (1) Providing physical upgrades to health care facilities to improve security. (2) Providing training in security to health care staff. (3) Improving capabilities to defend against cyberattacks. (4) Ensuring patient and provider data security. (5) Providing protective services to staff and patients. (6) Any other activity, as the Secretary determines appropriate. SEC. 7. FAIR LIABILITY INSURANCE. An issuer of professional liability coverage for health care providers shall not-- (1) deny a health care provider professional liability coverage because that provider offers, supports, provides, or prescribes lawful reproductive health care services; or (2) sue a health care provider because that provider provides lawful reproductive health care services. SEC. 8. SEVERABILITY. If any provision of this Act, or the application of such provision to any person, entity, government, or circumstance, is held to be unconstitutional, the remainder of this Act, or the application of such provision to all other persons, entities, governments, or circumstances, shall not be affected thereby. <all>

Let Doctors Provide Reproductive Health Care Act

To ensure the right to provide reproductive health care services, and for other purposes.

Let Doctors Provide Reproductive Health Care Act

Rep. Schrier, Kim

D

WA

This bill sets out protections for and establishes programs to support health care providers (and those who assist such providers) who offer reproductive health care services that are lawful in the state where the services are provided. Reproductive health care services refer to abortion services; contraceptive services; in vitro fertilization; or other reproductive care, education, and counseling that is provided (1) at a health care site or via telehealth, and (2) in a medically accurate manner. The bill prohibits individuals, entities, and states from preventing, restricting, or otherwise interfering with the provision of lawful reproductive health care services by health care providers. The Department of Justice, individuals, or providers may bring a lawsuit to enforce this bill, and states are not immune from suits for violations. Furthermore, states may not use federal funds to pursue legal cases or similar proceedings (e.g., adverse licensing proceedings) against health care providers, individuals, or entities that offer or assist with lawful reproductive health care services. Additionally, medical malpractice insurers may not deny coverage to or sue a health care provider because the provider offers or assists with lawful reproductive health care services. The bill also funds grants to assist health care providers who offer or refer for abortion services and face legal issues relating to their provision of reproductive health care services with legal matters and improving security.

To ensure the right to provide reproductive health care services, and for other purposes. 2. DEFINITIONS. In this Act: (1) Health care provider.--The term ``health care provider'' means any entity, employee of such entity, or individual (including any physician, certified nurse-midwife, nurse practitioner, and physician assistant) that-- (A) is engaged or seeks to engage in the delivery of reproductive health care services; and (B) if required by State law to be licensed, certified, or otherwise authorized to engage in the delivery of such services-- (i) is so licensed, certified, or otherwise authorized; or (ii) would be so licensed, certified, or otherwise authorized, but for their past, present, or potential provision of abortion services. 3. (b) Enforcement.-- (1) Attorney general.--The Attorney General may commence a civil action on behalf of the United States against any State, or against any government official, individual, or entity that enacts, implements, or enforces a limitation or requirement that violates subsection (a). The court shall hold unlawful and enjoin the limitation or requirement if it is in violation of subsection (a). (4) Equitable relief.--In any action under this section, the court may award appropriate equitable relief, including temporary, preliminary, or permanent injunctive relief. (6) Jurisdiction.--The district courts of the United States shall have jurisdiction over proceedings under this section and shall exercise the same without regard to whether the party aggrieved shall have exhausted any administrative or other remedies that may be provided for by law. 4. PROHIBITION ON THE USE OF FEDERAL FUNDS. (b) Funding.--There is appropriated to the Attorney General, out of amounts in the Treasury not otherwise appropriated, $40,000,000, to remain available until expended, for purposes of awarding grants to eligible entities or consortia of eligible entities to provide legal assistance to eligible providers. (d) Use of Funds.--An eligible entity may use amounts received under a grant under this section-- (1) to provide advice, legal services, or representation to eligible providers, related to providing or assisting with reproductive health care services under Federal, State, and local law; (2) to educate eligible providers about the rights and obligations of the eligible provider related to providing or assisting with reproductive health care services under Federal, State, and local law; (3) to monitor compliance by a State with Federal, State, and local laws related to providing or assisting with reproductive health care services; and (4) for any other activity the Attorney General may reasonably prescribe that is related to providing or assisting with reproductive health care services under Federal, State, and local law. 6. REPRODUCTIVE HEALTH CARE SERVICES SECURITY GRANTS. (b) Application.--An eligible provider (as defined in section 5(a)) desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (5) Providing protective services to staff and patients. 7. FAIR LIABILITY INSURANCE. SEC. 8.

To ensure the right to provide reproductive health care services, and for other purposes. 2. DEFINITIONS. In this Act: (1) Health care provider.--The term ``health care provider'' means any entity, employee of such entity, or individual (including any physician, certified nurse-midwife, nurse practitioner, and physician assistant) that-- (A) is engaged or seeks to engage in the delivery of reproductive health care services; and (B) if required by State law to be licensed, certified, or otherwise authorized to engage in the delivery of such services-- (i) is so licensed, certified, or otherwise authorized; or (ii) would be so licensed, certified, or otherwise authorized, but for their past, present, or potential provision of abortion services. 3. (b) Enforcement.-- (1) Attorney general.--The Attorney General may commence a civil action on behalf of the United States against any State, or against any government official, individual, or entity that enacts, implements, or enforces a limitation or requirement that violates subsection (a). The court shall hold unlawful and enjoin the limitation or requirement if it is in violation of subsection (a). (4) Equitable relief.--In any action under this section, the court may award appropriate equitable relief, including temporary, preliminary, or permanent injunctive relief. (6) Jurisdiction.--The district courts of the United States shall have jurisdiction over proceedings under this section and shall exercise the same without regard to whether the party aggrieved shall have exhausted any administrative or other remedies that may be provided for by law. 4. PROHIBITION ON THE USE OF FEDERAL FUNDS. (b) Funding.--There is appropriated to the Attorney General, out of amounts in the Treasury not otherwise appropriated, $40,000,000, to remain available until expended, for purposes of awarding grants to eligible entities or consortia of eligible entities to provide legal assistance to eligible providers. 6. REPRODUCTIVE HEALTH CARE SERVICES SECURITY GRANTS. (b) Application.--An eligible provider (as defined in section 5(a)) desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (5) Providing protective services to staff and patients. 7. FAIR LIABILITY INSURANCE. SEC. 8.

To ensure the right to provide reproductive health care services, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. DEFINITIONS. In this Act: (1) Health care provider.--The term ``health care provider'' means any entity, employee of such entity, or individual (including any physician, certified nurse-midwife, nurse practitioner, and physician assistant) that-- (A) is engaged or seeks to engage in the delivery of reproductive health care services; and (B) if required by State law to be licensed, certified, or otherwise authorized to engage in the delivery of such services-- (i) is so licensed, certified, or otherwise authorized; or (ii) would be so licensed, certified, or otherwise authorized, but for their past, present, or potential provision of abortion services. 3. (b) Enforcement.-- (1) Attorney general.--The Attorney General may commence a civil action on behalf of the United States against any State, or against any government official, individual, or entity that enacts, implements, or enforces a limitation or requirement that violates subsection (a). The court shall hold unlawful and enjoin the limitation or requirement if it is in violation of subsection (a). (4) Equitable relief.--In any action under this section, the court may award appropriate equitable relief, including temporary, preliminary, or permanent injunctive relief. A plaintiff shall not be liable to a defendant for costs or attorney's fees in any non-frivolous action under this section. (6) Jurisdiction.--The district courts of the United States shall have jurisdiction over proceedings under this section and shall exercise the same without regard to whether the party aggrieved shall have exhausted any administrative or other remedies that may be provided for by law. An order remanding the case to the State court from which it was removed under this paragraph may be immediately reviewable by appeal or otherwise. (c) Rules of Construction.-- (1) In general.--Nothing in this section shall be construed to modify, supersede, or otherwise affect the authority of any executive branch agency to promulgate regulations or otherwise implement laws. 4. PROHIBITION ON THE USE OF FEDERAL FUNDS. (b) Funding.--There is appropriated to the Attorney General, out of amounts in the Treasury not otherwise appropriated, $40,000,000, to remain available until expended, for purposes of awarding grants to eligible entities or consortia of eligible entities to provide legal assistance to eligible providers. (d) Use of Funds.--An eligible entity may use amounts received under a grant under this section-- (1) to provide advice, legal services, or representation to eligible providers, related to providing or assisting with reproductive health care services under Federal, State, and local law; (2) to educate eligible providers about the rights and obligations of the eligible provider related to providing or assisting with reproductive health care services under Federal, State, and local law; (3) to monitor compliance by a State with Federal, State, and local laws related to providing or assisting with reproductive health care services; and (4) for any other activity the Attorney General may reasonably prescribe that is related to providing or assisting with reproductive health care services under Federal, State, and local law. 6. REPRODUCTIVE HEALTH CARE SERVICES SECURITY GRANTS. (b) Application.--An eligible provider (as defined in section 5(a)) desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (3) Improving capabilities to defend against cyberattacks. (5) Providing protective services to staff and patients. 7. FAIR LIABILITY INSURANCE. An issuer of professional liability coverage for health care providers shall not-- (1) deny a health care provider professional liability coverage because that provider offers, supports, provides, or prescribes lawful reproductive health care services; or (2) sue a health care provider because that provider provides lawful reproductive health care services. SEC. 8. SEVERABILITY. If any provision of this Act, or the application of such provision to any person, entity, government, or circumstance, is held to be unconstitutional, the remainder of this Act, or the application of such provision to all other persons, entities, governments, or circumstances, shall not be affected thereby.

To ensure the right to provide reproductive health care services, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. DEFINITIONS. In this Act: (1) Health care provider.--The term ``health care provider'' means any entity, employee of such entity, or individual (including any physician, certified nurse-midwife, nurse practitioner, and physician assistant) that-- (A) is engaged or seeks to engage in the delivery of reproductive health care services; and (B) if required by State law to be licensed, certified, or otherwise authorized to engage in the delivery of such services-- (i) is so licensed, certified, or otherwise authorized; or (ii) would be so licensed, certified, or otherwise authorized, but for their past, present, or potential provision of abortion services. (2) Reproductive health care services.--The term ``reproductive health care services'' means abortion services, contraception services, in vitro fertilization, or other reproductive care, education, and counseling that-- (A) is provided in a hospital, clinic, physician's office, or other service site, or provided via telehealth, intended to provide medical, surgical, counseling, or referral services; (B) is provided in a medically accurate manner; and (C) in any way affects commerce over which the United States has jurisdiction. (3) State.--The term ``State'' means each of the 50 States, the District of Columbia, Puerto Rico, each territory and possession of the United States, and any subdivision of a State, including any unit of local government, such as a county, city, town, village, or other general purpose political subdivision of a State. 3. (b) Enforcement.-- (1) Attorney general.--The Attorney General may commence a civil action on behalf of the United States against any State, or against any government official, individual, or entity that enacts, implements, or enforces a limitation or requirement that violates subsection (a). The court shall hold unlawful and enjoin the limitation or requirement if it is in violation of subsection (a). (4) Equitable relief.--In any action under this section, the court may award appropriate equitable relief, including temporary, preliminary, or permanent injunctive relief. A plaintiff shall not be liable to a defendant for costs or attorney's fees in any non-frivolous action under this section. (6) Jurisdiction.--The district courts of the United States shall have jurisdiction over proceedings under this section and shall exercise the same without regard to whether the party aggrieved shall have exhausted any administrative or other remedies that may be provided for by law. (7) Abrogation of state immunity.--Neither a State that enforces or maintains, nor a government official who is permitted to implement or enforce, any limitation or requirement that violates subsection (a) shall be immune under the Tenth Amendment to the Constitution of the United States, the Eleventh Amendment to the Constitution of the United States, or any other source of law, from an action in a Federal or State court of competent jurisdiction challenging that limitation or requirement. (8) Right to remove.--Any party shall have a right to remove an action brought under this subsection to the district court of the United States for the district and division embracing the place where such action is pending. An order remanding the case to the State court from which it was removed under this paragraph may be immediately reviewable by appeal or otherwise. (c) Rules of Construction.-- (1) In general.--Nothing in this section shall be construed to modify, supersede, or otherwise affect the authority of any executive branch agency to promulgate regulations or otherwise implement laws. 4. PROHIBITION ON THE USE OF FEDERAL FUNDS. (b) Funding.--There is appropriated to the Attorney General, out of amounts in the Treasury not otherwise appropriated, $40,000,000, to remain available until expended, for purposes of awarding grants to eligible entities or consortia of eligible entities to provide legal assistance to eligible providers. (2) Joint applications.--Multiple eligible entities may submit a joint application that designates a single eligible entity as the lead entity for the purposes of receiving and disbursing funds received through a grant under this section. (d) Use of Funds.--An eligible entity may use amounts received under a grant under this section-- (1) to provide advice, legal services, or representation to eligible providers, related to providing or assisting with reproductive health care services under Federal, State, and local law; (2) to educate eligible providers about the rights and obligations of the eligible provider related to providing or assisting with reproductive health care services under Federal, State, and local law; (3) to monitor compliance by a State with Federal, State, and local laws related to providing or assisting with reproductive health care services; and (4) for any other activity the Attorney General may reasonably prescribe that is related to providing or assisting with reproductive health care services under Federal, State, and local law. 6. REPRODUCTIVE HEALTH CARE SERVICES SECURITY GRANTS. (b) Application.--An eligible provider (as defined in section 5(a)) desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (3) Improving capabilities to defend against cyberattacks. (5) Providing protective services to staff and patients. 7. FAIR LIABILITY INSURANCE. An issuer of professional liability coverage for health care providers shall not-- (1) deny a health care provider professional liability coverage because that provider offers, supports, provides, or prescribes lawful reproductive health care services; or (2) sue a health care provider because that provider provides lawful reproductive health care services. SEC. 8. SEVERABILITY. If any provision of this Act, or the application of such provision to any person, entity, government, or circumstance, is held to be unconstitutional, the remainder of this Act, or the application of such provision to all other persons, entities, governments, or circumstances, shall not be affected thereby.

To ensure the right to provide reproductive health care services, and for other purposes. 2) Reproductive health care services.--The term ``reproductive health care services'' means abortion services, contraception services, in vitro fertilization, or other reproductive care, education, and counseling that-- (A) is provided in a hospital, clinic, physician's office, or other service site, or provided via telehealth, intended to provide medical, surgical, counseling, or referral services; (B) is provided in a medically accurate manner; and (C) in any way affects commerce over which the United States has jurisdiction. (3) State.--The term ``State'' means each of the 50 States, the District of Columbia, Puerto Rico, each territory and possession of the United States, and any subdivision of a State, including any unit of local government, such as a county, city, town, village, or other general purpose political subdivision of a State. b) Enforcement.-- (1) Attorney general.--The Attorney General may commence a civil action on behalf of the United States against any State, or against any government official, individual, or entity that enacts, implements, or enforces a limitation or requirement that violates subsection (a). (2) Private right of action.--Any individual or entity adversely affected by an alleged violation of subsection (a) may commence a civil action against any State that violates this section or against any government official that enacts, implements, or enforces a limitation or requirement that violates subsection (a). 4) Equitable relief.--In any action under this section, the court may award appropriate equitable relief, including temporary, preliminary, or permanent injunctive relief. ( (7) Abrogation of state immunity.--Neither a State that enforces or maintains, nor a government official who is permitted to implement or enforce, any limitation or requirement that violates subsection (a) shall be immune under the Tenth Amendment to the Constitution of the United States, the Eleventh Amendment to the Constitution of the United States, or any other source of law, from an action in a Federal or State court of competent jurisdiction challenging that limitation or requirement. ( c) Rules of Construction.-- (1) In general.--Nothing in this section shall be construed to modify, supersede, or otherwise affect the authority of any executive branch agency to promulgate regulations or otherwise implement laws. ( Notwithstanding any other provision of law, no Federal funds may be used by a State, including through a grant, contract, or cooperative agreement, to pursue legal cases against residents or other individuals or entities, or to take any other enforcement, disciplinary, or adverse licensing proceeding on the basis of such residents or other individuals or entities providing or assisting with reproductive health care services that are lawful in the State in which the services are provided. 2) Eligible provider.--The term ``eligible provider'' means a health care provider that-- (A) provides or refers for abortion care services; and (B) faces legal issues relating to providing or assisting with reproductive health care services. ( (2) Joint applications.--Multiple eligible entities may submit a joint application that designates a single eligible entity as the lead entity for the purposes of receiving and disbursing funds received through a grant under this section. ( a) In General.--There is appropriated to the Secretary of Health and Human Services (referred to in this section as the ``Secretary''), out of amounts in the Treasury not otherwise appropriated, $40,000,000, for purposes of awarding grants to eligible providers (as defined in section 5(a)(2)(A)) for enhanced security for staff and patients of such providers. (b) Application.--An eligible provider (as defined in section 5(a)) desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ( 2) Providing training in security to health care staff. (

To ensure the right to provide reproductive health care services, and for other purposes. 2) Reproductive health care services.--The term ``reproductive health care services'' means abortion services, contraception services, in vitro fertilization, or other reproductive care, education, and counseling that-- (A) is provided in a hospital, clinic, physician's office, or other service site, or provided via telehealth, intended to provide medical, surgical, counseling, or referral services; (B) is provided in a medically accurate manner; and (C) in any way affects commerce over which the United States has jurisdiction. ( b) Enforcement.-- (1) Attorney general.--The Attorney General may commence a civil action on behalf of the United States against any State, or against any government official, individual, or entity that enacts, implements, or enforces a limitation or requirement that violates subsection (a). 4) Equitable relief.--In any action under this section, the court may award appropriate equitable relief, including temporary, preliminary, or permanent injunctive relief. ( (6) Jurisdiction.--The district courts of the United States shall have jurisdiction over proceedings under this section and shall exercise the same without regard to whether the party aggrieved shall have exhausted any administrative or other remedies that may be provided for by law. ( 7) Abrogation of state immunity.--Neither a State that enforces or maintains, nor a government official who is permitted to implement or enforce, any limitation or requirement that violates subsection (a) shall be immune under the Tenth Amendment to the Constitution of the United States, the Eleventh Amendment to the Constitution of the United States, or any other source of law, from an action in a Federal or State court of competent jurisdiction challenging that limitation or requirement. ( (a) Definitions.--In this section: (1) Eligible entity.--The term ``eligible entity'' means an individual, partnership, firm, corporation, or nonprofit organization that has a specific expertise in providing legal assistance and is licensed to practice law. ( 2) Joint applications.--Multiple eligible entities may submit a joint application that designates a single eligible entity as the lead entity for the purposes of receiving and disbursing funds received through a grant under this section. ( (a) In General.--There is appropriated to the Secretary of Health and Human Services (referred to in this section as the ``Secretary''), out of amounts in the Treasury not otherwise appropriated, $40,000,000, for purposes of awarding grants to eligible providers (as defined in section 5(a)(2)(A)) for enhanced security for staff and patients of such providers. ( b) Application.--An eligible provider (as defined in section 5(a)) desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ( 2) Providing training in security to health care staff. (

To ensure the right to provide reproductive health care services, and for other purposes. 2) Reproductive health care services.--The term ``reproductive health care services'' means abortion services, contraception services, in vitro fertilization, or other reproductive care, education, and counseling that-- (A) is provided in a hospital, clinic, physician's office, or other service site, or provided via telehealth, intended to provide medical, surgical, counseling, or referral services; (B) is provided in a medically accurate manner; and (C) in any way affects commerce over which the United States has jurisdiction. ( b) Enforcement.-- (1) Attorney general.--The Attorney General may commence a civil action on behalf of the United States against any State, or against any government official, individual, or entity that enacts, implements, or enforces a limitation or requirement that violates subsection (a). 4) Equitable relief.--In any action under this section, the court may award appropriate equitable relief, including temporary, preliminary, or permanent injunctive relief. ( (6) Jurisdiction.--The district courts of the United States shall have jurisdiction over proceedings under this section and shall exercise the same without regard to whether the party aggrieved shall have exhausted any administrative or other remedies that may be provided for by law. ( 7) Abrogation of state immunity.--Neither a State that enforces or maintains, nor a government official who is permitted to implement or enforce, any limitation or requirement that violates subsection (a) shall be immune under the Tenth Amendment to the Constitution of the United States, the Eleventh Amendment to the Constitution of the United States, or any other source of law, from an action in a Federal or State court of competent jurisdiction challenging that limitation or requirement. ( (a) Definitions.--In this section: (1) Eligible entity.--The term ``eligible entity'' means an individual, partnership, firm, corporation, or nonprofit organization that has a specific expertise in providing legal assistance and is licensed to practice law. ( 2) Joint applications.--Multiple eligible entities may submit a joint application that designates a single eligible entity as the lead entity for the purposes of receiving and disbursing funds received through a grant under this section. ( (a) In General.--There is appropriated to the Secretary of Health and Human Services (referred to in this section as the ``Secretary''), out of amounts in the Treasury not otherwise appropriated, $40,000,000, for purposes of awarding grants to eligible providers (as defined in section 5(a)(2)(A)) for enhanced security for staff and patients of such providers. ( b) Application.--An eligible provider (as defined in section 5(a)) desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ( 2) Providing training in security to health care staff. (

To ensure the right to provide reproductive health care services, and for other purposes. 2) Reproductive health care services.--The term ``reproductive health care services'' means abortion services, contraception services, in vitro fertilization, or other reproductive care, education, and counseling that-- (A) is provided in a hospital, clinic, physician's office, or other service site, or provided via telehealth, intended to provide medical, surgical, counseling, or referral services; (B) is provided in a medically accurate manner; and (C) in any way affects commerce over which the United States has jurisdiction. (3) State.--The term ``State'' means each of the 50 States, the District of Columbia, Puerto Rico, each territory and possession of the United States, and any subdivision of a State, including any unit of local government, such as a county, city, town, village, or other general purpose political subdivision of a State. b) Enforcement.-- (1) Attorney general.--The Attorney General may commence a civil action on behalf of the United States against any State, or against any government official, individual, or entity that enacts, implements, or enforces a limitation or requirement that violates subsection (a). (2) Private right of action.--Any individual or entity adversely affected by an alleged violation of subsection (a) may commence a civil action against any State that violates this section or against any government official that enacts, implements, or enforces a limitation or requirement that violates subsection (a). 4) Equitable relief.--In any action under this section, the court may award appropriate equitable relief, including temporary, preliminary, or permanent injunctive relief. ( (7) Abrogation of state immunity.--Neither a State that enforces or maintains, nor a government official who is permitted to implement or enforce, any limitation or requirement that violates subsection (a) shall be immune under the Tenth Amendment to the Constitution of the United States, the Eleventh Amendment to the Constitution of the United States, or any other source of law, from an action in a Federal or State court of competent jurisdiction challenging that limitation or requirement. ( c) Rules of Construction.-- (1) In general.--Nothing in this section shall be construed to modify, supersede, or otherwise affect the authority of any executive branch agency to promulgate regulations or otherwise implement laws. ( Notwithstanding any other provision of law, no Federal funds may be used by a State, including through a grant, contract, or cooperative agreement, to pursue legal cases against residents or other individuals or entities, or to take any other enforcement, disciplinary, or adverse licensing proceeding on the basis of such residents or other individuals or entities providing or assisting with reproductive health care services that are lawful in the State in which the services are provided. 2) Eligible provider.--The term ``eligible provider'' means a health care provider that-- (A) provides or refers for abortion care services; and (B) faces legal issues relating to providing or assisting with reproductive health care services. ( (2) Joint applications.--Multiple eligible entities may submit a joint application that designates a single eligible entity as the lead entity for the purposes of receiving and disbursing funds received through a grant under this section. ( a) In General.--There is appropriated to the Secretary of Health and Human Services (referred to in this section as the ``Secretary''), out of amounts in the Treasury not otherwise appropriated, $40,000,000, for purposes of awarding grants to eligible providers (as defined in section 5(a)(2)(A)) for enhanced security for staff and patients of such providers. (b) Application.--An eligible provider (as defined in section 5(a)) desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ( 2) Providing training in security to health care staff. (

To ensure the right to provide reproductive health care services, and for other purposes. 2) Reproductive health care services.--The term ``reproductive health care services'' means abortion services, contraception services, in vitro fertilization, or other reproductive care, education, and counseling that-- (A) is provided in a hospital, clinic, physician's office, or other service site, or provided via telehealth, intended to provide medical, surgical, counseling, or referral services; (B) is provided in a medically accurate manner; and (C) in any way affects commerce over which the United States has jurisdiction. ( b) Enforcement.-- (1) Attorney general.--The Attorney General may commence a civil action on behalf of the United States against any State, or against any government official, individual, or entity that enacts, implements, or enforces a limitation or requirement that violates subsection (a). 4) Equitable relief.--In any action under this section, the court may award appropriate equitable relief, including temporary, preliminary, or permanent injunctive relief. ( (6) Jurisdiction.--The district courts of the United States shall have jurisdiction over proceedings under this section and shall exercise the same without regard to whether the party aggrieved shall have exhausted any administrative or other remedies that may be provided for by law. ( 7) Abrogation of state immunity.--Neither a State that enforces or maintains, nor a government official who is permitted to implement or enforce, any limitation or requirement that violates subsection (a) shall be immune under the Tenth Amendment to the Constitution of the United States, the Eleventh Amendment to the Constitution of the United States, or any other source of law, from an action in a Federal or State court of competent jurisdiction challenging that limitation or requirement. ( (a) Definitions.--In this section: (1) Eligible entity.--The term ``eligible entity'' means an individual, partnership, firm, corporation, or nonprofit organization that has a specific expertise in providing legal assistance and is licensed to practice law. ( 2) Joint applications.--Multiple eligible entities may submit a joint application that designates a single eligible entity as the lead entity for the purposes of receiving and disbursing funds received through a grant under this section. ( (a) In General.--There is appropriated to the Secretary of Health and Human Services (referred to in this section as the ``Secretary''), out of amounts in the Treasury not otherwise appropriated, $40,000,000, for purposes of awarding grants to eligible providers (as defined in section 5(a)(2)(A)) for enhanced security for staff and patients of such providers. ( b) Application.--An eligible provider (as defined in section 5(a)) desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ( 2) Providing training in security to health care staff. (

To ensure the right to provide reproductive health care services, and for other purposes. 2) Reproductive health care services.--The term ``reproductive health care services'' means abortion services, contraception services, in vitro fertilization, or other reproductive care, education, and counseling that-- (A) is provided in a hospital, clinic, physician's office, or other service site, or provided via telehealth, intended to provide medical, surgical, counseling, or referral services; (B) is provided in a medically accurate manner; and (C) in any way affects commerce over which the United States has jurisdiction. (3) State.--The term ``State'' means each of the 50 States, the District of Columbia, Puerto Rico, each territory and possession of the United States, and any subdivision of a State, including any unit of local government, such as a county, city, town, village, or other general purpose political subdivision of a State. b) Enforcement.-- (1) Attorney general.--The Attorney General may commence a civil action on behalf of the United States against any State, or against any government official, individual, or entity that enacts, implements, or enforces a limitation or requirement that violates subsection (a). (2) Private right of action.--Any individual or entity adversely affected by an alleged violation of subsection (a) may commence a civil action against any State that violates this section or against any government official that enacts, implements, or enforces a limitation or requirement that violates subsection (a). 4) Equitable relief.--In any action under this section, the court may award appropriate equitable relief, including temporary, preliminary, or permanent injunctive relief. ( (7) Abrogation of state immunity.--Neither a State that enforces or maintains, nor a government official who is permitted to implement or enforce, any limitation or requirement that violates subsection (a) shall be immune under the Tenth Amendment to the Constitution of the United States, the Eleventh Amendment to the Constitution of the United States, or any other source of law, from an action in a Federal or State court of competent jurisdiction challenging that limitation or requirement. ( c) Rules of Construction.-- (1) In general.--Nothing in this section shall be construed to modify, supersede, or otherwise affect the authority of any executive branch agency to promulgate regulations or otherwise implement laws. ( Notwithstanding any other provision of law, no Federal funds may be used by a State, including through a grant, contract, or cooperative agreement, to pursue legal cases against residents or other individuals or entities, or to take any other enforcement, disciplinary, or adverse licensing proceeding on the basis of such residents or other individuals or entities providing or assisting with reproductive health care services that are lawful in the State in which the services are provided. 2) Eligible provider.--The term ``eligible provider'' means a health care provider that-- (A) provides or refers for abortion care services; and (B) faces legal issues relating to providing or assisting with reproductive health care services. ( (2) Joint applications.--Multiple eligible entities may submit a joint application that designates a single eligible entity as the lead entity for the purposes of receiving and disbursing funds received through a grant under this section. ( a) In General.--There is appropriated to the Secretary of Health and Human Services (referred to in this section as the ``Secretary''), out of amounts in the Treasury not otherwise appropriated, $40,000,000, for purposes of awarding grants to eligible providers (as defined in section 5(a)(2)(A)) for enhanced security for staff and patients of such providers. (b) Application.--An eligible provider (as defined in section 5(a)) desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ( 2) Providing training in security to health care staff. (

To ensure the right to provide reproductive health care services, and for other purposes. 2) Reproductive health care services.--The term ``reproductive health care services'' means abortion services, contraception services, in vitro fertilization, or other reproductive care, education, and counseling that-- (A) is provided in a hospital, clinic, physician's office, or other service site, or provided via telehealth, intended to provide medical, surgical, counseling, or referral services; (B) is provided in a medically accurate manner; and (C) in any way affects commerce over which the United States has jurisdiction. ( b) Enforcement.-- (1) Attorney general.--The Attorney General may commence a civil action on behalf of the United States against any State, or against any government official, individual, or entity that enacts, implements, or enforces a limitation or requirement that violates subsection (a). 4) Equitable relief.--In any action under this section, the court may award appropriate equitable relief, including temporary, preliminary, or permanent injunctive relief. ( (6) Jurisdiction.--The district courts of the United States shall have jurisdiction over proceedings under this section and shall exercise the same without regard to whether the party aggrieved shall have exhausted any administrative or other remedies that may be provided for by law. ( 7) Abrogation of state immunity.--Neither a State that enforces or maintains, nor a government official who is permitted to implement or enforce, any limitation or requirement that violates subsection (a) shall be immune under the Tenth Amendment to the Constitution of the United States, the Eleventh Amendment to the Constitution of the United States, or any other source of law, from an action in a Federal or State court of competent jurisdiction challenging that limitation or requirement. ( (a) Definitions.--In this section: (1) Eligible entity.--The term ``eligible entity'' means an individual, partnership, firm, corporation, or nonprofit organization that has a specific expertise in providing legal assistance and is licensed to practice law. ( 2) Joint applications.--Multiple eligible entities may submit a joint application that designates a single eligible entity as the lead entity for the purposes of receiving and disbursing funds received through a grant under this section. ( (a) In General.--There is appropriated to the Secretary of Health and Human Services (referred to in this section as the ``Secretary''), out of amounts in the Treasury not otherwise appropriated, $40,000,000, for purposes of awarding grants to eligible providers (as defined in section 5(a)(2)(A)) for enhanced security for staff and patients of such providers. ( b) Application.--An eligible provider (as defined in section 5(a)) desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ( 2) Providing training in security to health care staff. (

To ensure the right to provide reproductive health care services, and for other purposes. b) Enforcement.-- (1) Attorney general.--The Attorney General may commence a civil action on behalf of the United States against any State, or against any government official, individual, or entity that enacts, implements, or enforces a limitation or requirement that violates subsection (a). ( 4) Equitable relief.--In any action under this section, the court may award appropriate equitable relief, including temporary, preliminary, or permanent injunctive relief. ( ( 7) Abrogation of state immunity.--Neither a State that enforces or maintains, nor a government official who is permitted to implement or enforce, any limitation or requirement that violates subsection (a) shall be immune under the Tenth Amendment to the Constitution of the United States, the Eleventh Amendment to the Constitution of the United States, or any other source of law, from an action in a Federal or State court of competent jurisdiction challenging that limitation or requirement. ( ( (2) Joint applications.--Multiple eligible entities may submit a joint application that designates a single eligible entity as the lead entity for the purposes of receiving and disbursing funds received through a grant under this section. ( b) Application.--An eligible provider (as defined in section 5(a)) desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (

To ensure the right to provide reproductive health care services, and for other purposes. b) Enforcement.-- (1) Attorney general.--The Attorney General may commence a civil action on behalf of the United States against any State, or against any government official, individual, or entity that enacts, implements, or enforces a limitation or requirement that violates subsection (a). ( (a) In General.--There is appropriated to the Secretary of Health and Human Services (referred to in this section as the ``Secretary''), out of amounts in the Treasury not otherwise appropriated, $40,000,000, for purposes of awarding grants to eligible providers (as defined in section 5(a)(2)(A)) for enhanced security for staff and patients of such providers. ( b) Application.--An eligible provider (as defined in section 5(a)) desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (

To ensure the right to provide reproductive health care services, and for other purposes. b) Enforcement.-- (1) Attorney general.--The Attorney General may commence a civil action on behalf of the United States against any State, or against any government official, individual, or entity that enacts, implements, or enforces a limitation or requirement that violates subsection (a). ( 4) Equitable relief.--In any action under this section, the court may award appropriate equitable relief, including temporary, preliminary, or permanent injunctive relief. ( ( 7) Abrogation of state immunity.--Neither a State that enforces or maintains, nor a government official who is permitted to implement or enforce, any limitation or requirement that violates subsection (a) shall be immune under the Tenth Amendment to the Constitution of the United States, the Eleventh Amendment to the Constitution of the United States, or any other source of law, from an action in a Federal or State court of competent jurisdiction challenging that limitation or requirement. ( ( (2) Joint applications.--Multiple eligible entities may submit a joint application that designates a single eligible entity as the lead entity for the purposes of receiving and disbursing funds received through a grant under this section. ( b) Application.--An eligible provider (as defined in section 5(a)) desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (

Let Doctors Provide Reproductive Health Care Act - Prohibits any individual, entity, or State from preventing, restricting, impede, or disadvantaging a health care provider from providing or assisting with reproductive health care services lawful in the State in which the services are to be provided, or from assisting such provider or any individual from providing such services for an individual who does not reside in the Prohibits a state from using federal funds to pursue legal cases against residents or other individuals or entities, or to take any other enforcement, disciplinary, or adverse licensing proceeding on the basis of such residents or any other individuals providing or assisting with reproductive health care services that are lawful in the state in which the services are provided. (Sec. 5) Prohibits the use

H.R.5509

Armed Forces and National Security

Student Veteran COVID-19 Protection Act of 2021 This bill addresses the administration of certain Department of Veterans Affairs (VA) educational assistance benefits and home loans, including by authorizing the VA to waive certain enrollment verifications, exempting foreign educational institutions from certain requirements, extending the time limitations on the use of educational assistance benefits, and adjusting certain home loan fees.

To amend title 38, United States Code, the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020, and the Student Veteran Coronavirus Response Act of 2020 to make certain improvements to the educational assistance programs of the Department of Veterans Affairs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Veteran COVID-19 Protection Act of 2021''. SEC. 2. AMENDMENTS TO REQUIREMENTS FOR EDUCATIONAL INSTITUTIONS PARTICIPATING IN THE EDUCATIONAL ASSISTANCE PROGRAMS OF THE DEPARTMENT OF VETERANS AFFAIRS. (a) Waiver of Verification of Enrollment for Certain Educational Institutions.--Section 3313(l) of title 38, United States Code, is amended by adding at the end the following new paragraph: ``(4) Waiver.--The Secretary may waive the requirements of this subsection for an educational institution that the Secretary has determined uses a flat tuition and fee structure that would make the use of a second verification under this subsection unnecessary.''. (b) Limitations on Authority To Disapprove of Courses.-- (1) In general.--Subsection (f) of section 3679 of title 38, United States Code, is amended-- (A) in paragraph (2)(B); (i) by inserting ``, except for the recruitment of foreign students residing in foreign countries who are not eligible to receive Federal student assistance'' after ``assistance''; and (ii) by adding at the end the following new subparagraph: ``(C) In determining whether a violation of subparagraph (B) has occurred, the State approving agency, or the Secretary when acting in the place of the State approving agency, shall construe the requirements of this paragraph in accordance with the regulations and guidance prescribed by the Secretary of Education under section 487(a)(20) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)(20)).''; (B) by redesignating paragraph (7) as paragraph (8); and (C) by inserting after paragraph (6) the following new paragraph (7): ``(7) This subsection shall not apply to an educational institution-- ``(A) located in a foreign country; or ``(B) that provides to a covered individual consumer information regarding costs of the program of education (including financial aid available to such covered individual) using a form or template developed by the Secretary of Education.''. (2) Application date.--The Secretary of Veterans Affairs may not carry out subsection (f) of section 3679 of title 38, United States Code until August 1, 2022, except that, beginning on June 15, 2022, an educational institution may submit an application for a waiver under paragraph (5) of such subsection. (3) Conforming amendments.--Subsection (c) of section 3696 of such title is amended-- (A) by inserting ``(1)'' before ``An educational''; (B) by inserting ``, except for the recruitment of foreign students residing in foreign countries who are not eligible to receive Federal student assistance'' after ``assistance''; and (C) by adding at the end the following new paragraph: ``(2) In determining whether a violation of paragraph (1) has occurred, the Under Secretary for Benefits shall construe the requirements of this paragraph in accordance with the regulations and guidance prescribed by the Secretary of Education under section 487(a)(20) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)(20)).''. (c) Exemption of Foreign Schools From Certain Requirements.-- (1) Information relating to tests.--Section 3689(c) of title 38, United States Code, is amended by adding at the end the following new paragraph: ``(3) Subparagraph (G) of paragraph (1) shall not apply with respect to an educational institution located in a foreign country.''. (2) Examination of records.--Section 3690(c) of title 38, United States Code, is amended-- (A) by striking ``Notwithstanding'' and inserting ``(1) Except as provided in paragraph (2), notwithstanding''; and (B) by adding at the end the following new paragraph: ``(2) Paragraph (1) does not apply to the records and accounts-- ``(A) of an educational institution located in a foreign country; and ``(B) that pertain to an individual who is not receiving educational assistance under this chapter.''. SEC. 3. PROVISION OF EDUCATIONAL ASSISTANCE TO STUDENTS WHO ARE ``ROUNDING OUT'' UNDER EDUCATIONAL ASSISTANCE PROGRAMS OF DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--Section 3680(a) of title 38, United States Code, is amended-- (1) in paragraph (1), in the matter before subparagraph (A), by striking ``in paragraph (2)'' and inserting ``in paragraphs (2) and (3)''; and (2) by adding at the end the following new paragraph: ``(3) Notwithstanding paragraph (1), in the case of an eligible veteran or eligible person who is pursuing a program of education on less than a half-time basis during a period that is the last semester, term, or academic period the veteran or person will be enrolled in the program of education because the veteran or person will complete the program of education at the end of that semester, term, or academic period, the Secretary may, pursuant to such regulations as the Secretary shall prescribe, provide to the veteran or person educational assistance under chapter 30, 32, 33, 34, or 35 of this title or under chapter 1606 of title 10, including a monthly housing stipend described in section 3313(c) of this title, on the basis of the total number of credits or courses in which the veteran or person is enrolled, if-- ``(A) the number of credits the veteran or person needs to complete the program of education is less than the number of credits that would constitute enrollment on a more than half-time basis for that last semester, term, or academic period; and ``(B) the veteran or person-- ``(i) is enrolled in, or has completed, every course offered by the program of education during the last semester, term, or academic period in which the veteran or person is enrolled in the program of education; and ``(ii) enrolls in an additional course that is not required for the completion of such program of education and the enrollment in the non-required course in addition to the required course or courses in which the veteran or person is enrolled constitutes enrollment on more than a half-time basis.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on January 1, 2022, and apply with respect to any semester, term, or academic period that begins on or after that date. SEC. 4. CONTINUATION OF DEPARTMENT OF VETERANS AFFAIRS EDUCATIONAL ASSISTANCE BENEFITS FOR CERTAIN PROGRAMS OF EDUCATION CONVERTED TO DISTANCE LEARNING BY REASON OF EMERGENCIES AND HEALTH-RELATED SITUATIONS. (a) In General.--In the case of a program of education approved by a State approving agency, or the Secretary of Veterans Affairs when acting in the role of a State approving agency, that is converted from being offered on-site at an educational institution to being offered by distance learning by reason of an emergency or health-related situation, as determined by the Secretary, the Secretary may continue to provide educational assistance under the laws administered by the Secretary without regard to such conversion, including with respect to paying any-- (1) monthly housing stipends under chapter 33 of title 38, United States Code; or (2) payments or subsistence allowances under chapters 30, 31, 32, and 35 of such title and chapters 1606 and 1607 of title 10, United States Code. (b) Applicability Period.--Subsection (a) shall apply during the period beginning on December 21, 2021, and ending on June 1, 2022. (c) Definitions.--In this section: (1) The term ``educational institution'' has the meaning given that term in section 3452 of title 38, United States Code, and includes an institution of higher learning (as defined in such section). (2) The term ``program of education'' has the meaning given that term in section 3002 of title 38, United States Code. (3) The term ``State approving agency'' has the meaning given that term in section 3671 of title 38, United States Code. SEC. 5. EXTENSION OF RELIEF RELATING TO VETERANS EDUCATIONAL ASSISTANCE. (a) Extension of Modification of Time Limitations on Use of Entitlement to Montgomery GI Bill and Vocational Rehabilitation and Training.--Section 1105 of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (Public Law 116-315) is amended by striking ``December 21, 2021'' each place it appears and inserting ``June 1, 2022''. (b) Extension of Continuation of Department of Veterans Affairs Educational Assistance Benefits During COVID-19 Emergency.--Section 1102(e) of such Act is amended by striking ``December 21, 2021'' and inserting ``June 1, 2022''. (c) Extension of Provisions Relating to Effects of Closure of Educational Institution and Modification of Courses by Reason of COVID- 19 Emergency.--Section 1103(h) of such Act is amended by striking ``December 21, 2021'' and inserting ``June 1, 2022''. (d) Extension of Provision Relating to Payment of Educational Assistance in Cases of Withdrawal.--Section 1104(a) of such Act is amended by striking ``December 21, 2021'' and inserting ``June 1, 2022''. (e) Extension of Provision Relating to Apprenticeship or On-Job Training Requirements.--Section 1106(b) of such Act is amended by striking ``December 21, 2021'' and inserting ``June 1, 2022''. (f) Extension of Payment of Work-Study Allowances During Emergency Situation.--Section 3 of the Student Veteran Coronavirus Response Act of 2020 (Public Law 116-140; 38 U.S.C. 3485 note) is amended by striking ``During the covered period'' and inserting ``During the period beginning on March 1, 2020, and ending on June 1, 2022''. SEC. 6. ADJUSTMENTS OF CERTAIN LOAN FEES. The loan fee table in section 3729(b)(2) of title 38, United States Code, is amended by striking ``October 1, 2030'' each place it appears and inserting ``January 14, 2031''. <all>

Student Veteran COVID-19 Protection Act of 2021

To amend title 38, United States Code, the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020, and the Student Veteran Coronavirus Response Act of 2020 to make certain improvements to the educational assistance programs of the Department of Veterans Affairs, and for other purposes.

Student Veteran COVID-19 Protection Act of 2021

Rep. Bost, Mike

R

IL

This bill addresses the administration of certain Department of Veterans Affairs (VA) educational assistance benefits and home loans, including by authorizing the VA to waive certain enrollment verifications, exempting foreign educational institutions from certain requirements, extending the time limitations on the use of educational assistance benefits, and adjusting certain home loan fees.

This Act may be cited as the ``Student Veteran COVID-19 Protection Act of 2021''. 2. 1094(a)(20)). ''; (B) by redesignating paragraph (7) as paragraph (8); and (C) by inserting after paragraph (6) the following new paragraph (7): ``(7) This subsection shall not apply to an educational institution-- ``(A) located in a foreign country; or ``(B) that provides to a covered individual consumer information regarding costs of the program of education (including financial aid available to such covered individual) using a form or template developed by the Secretary of Education.''. PROVISION OF EDUCATIONAL ASSISTANCE TO STUDENTS WHO ARE ``ROUNDING OUT'' UNDER EDUCATIONAL ASSISTANCE PROGRAMS OF DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--Section 3680(a) of title 38, United States Code, is amended-- (1) in paragraph (1), in the matter before subparagraph (A), by striking ``in paragraph (2)'' and inserting ``in paragraphs (2) and (3)''; and (2) by adding at the end the following new paragraph: ``(3) Notwithstanding paragraph (1), in the case of an eligible veteran or eligible person who is pursuing a program of education on less than a half-time basis during a period that is the last semester, term, or academic period the veteran or person will be enrolled in the program of education because the veteran or person will complete the program of education at the end of that semester, term, or academic period, the Secretary may, pursuant to such regulations as the Secretary shall prescribe, provide to the veteran or person educational assistance under chapter 30, 32, 33, 34, or 35 of this title or under chapter 1606 of title 10, including a monthly housing stipend described in section 3313(c) of this title, on the basis of the total number of credits or courses in which the veteran or person is enrolled, if-- ``(A) the number of credits the veteran or person needs to complete the program of education is less than the number of credits that would constitute enrollment on a more than half-time basis for that last semester, term, or academic period; and ``(B) the veteran or person-- ``(i) is enrolled in, or has completed, every course offered by the program of education during the last semester, term, or academic period in which the veteran or person is enrolled in the program of education; and ``(ii) enrolls in an additional course that is not required for the completion of such program of education and the enrollment in the non-required course in addition to the required course or courses in which the veteran or person is enrolled constitutes enrollment on more than a half-time basis.''. 4. (3) The term ``State approving agency'' has the meaning given that term in section 3671 of title 38, United States Code. 5. EXTENSION OF RELIEF RELATING TO VETERANS EDUCATIONAL ASSISTANCE. 3485 note) is amended by striking ``During the covered period'' and inserting ``During the period beginning on March 1, 2020, and ending on June 1, 2022''. SEC. ADJUSTMENTS OF CERTAIN LOAN FEES.

This Act may be cited as the ``Student Veteran COVID-19 Protection Act of 2021''. 2. 1094(a)(20)). ''; (B) by redesignating paragraph (7) as paragraph (8); and (C) by inserting after paragraph (6) the following new paragraph (7): ``(7) This subsection shall not apply to an educational institution-- ``(A) located in a foreign country; or ``(B) that provides to a covered individual consumer information regarding costs of the program of education (including financial aid available to such covered individual) using a form or template developed by the Secretary of Education.''. PROVISION OF EDUCATIONAL ASSISTANCE TO STUDENTS WHO ARE ``ROUNDING OUT'' UNDER EDUCATIONAL ASSISTANCE PROGRAMS OF DEPARTMENT OF VETERANS AFFAIRS. (3) The term ``State approving agency'' has the meaning given that term in section 3671 of title 38, United States Code. 3485 note) is amended by striking ``During the covered period'' and inserting ``During the period beginning on March 1, 2020, and ending on June 1, 2022''. SEC. ADJUSTMENTS OF CERTAIN LOAN FEES.

This Act may be cited as the ``Student Veteran COVID-19 Protection Act of 2021''. 2. 1094(a)(20)). ''; (B) by redesignating paragraph (7) as paragraph (8); and (C) by inserting after paragraph (6) the following new paragraph (7): ``(7) This subsection shall not apply to an educational institution-- ``(A) located in a foreign country; or ``(B) that provides to a covered individual consumer information regarding costs of the program of education (including financial aid available to such covered individual) using a form or template developed by the Secretary of Education.''. PROVISION OF EDUCATIONAL ASSISTANCE TO STUDENTS WHO ARE ``ROUNDING OUT'' UNDER EDUCATIONAL ASSISTANCE PROGRAMS OF DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--Section 3680(a) of title 38, United States Code, is amended-- (1) in paragraph (1), in the matter before subparagraph (A), by striking ``in paragraph (2)'' and inserting ``in paragraphs (2) and (3)''; and (2) by adding at the end the following new paragraph: ``(3) Notwithstanding paragraph (1), in the case of an eligible veteran or eligible person who is pursuing a program of education on less than a half-time basis during a period that is the last semester, term, or academic period the veteran or person will be enrolled in the program of education because the veteran or person will complete the program of education at the end of that semester, term, or academic period, the Secretary may, pursuant to such regulations as the Secretary shall prescribe, provide to the veteran or person educational assistance under chapter 30, 32, 33, 34, or 35 of this title or under chapter 1606 of title 10, including a monthly housing stipend described in section 3313(c) of this title, on the basis of the total number of credits or courses in which the veteran or person is enrolled, if-- ``(A) the number of credits the veteran or person needs to complete the program of education is less than the number of credits that would constitute enrollment on a more than half-time basis for that last semester, term, or academic period; and ``(B) the veteran or person-- ``(i) is enrolled in, or has completed, every course offered by the program of education during the last semester, term, or academic period in which the veteran or person is enrolled in the program of education; and ``(ii) enrolls in an additional course that is not required for the completion of such program of education and the enrollment in the non-required course in addition to the required course or courses in which the veteran or person is enrolled constitutes enrollment on more than a half-time basis.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on January 1, 2022, and apply with respect to any semester, term, or academic period that begins on or after that date. 4. CONTINUATION OF DEPARTMENT OF VETERANS AFFAIRS EDUCATIONAL ASSISTANCE BENEFITS FOR CERTAIN PROGRAMS OF EDUCATION CONVERTED TO DISTANCE LEARNING BY REASON OF EMERGENCIES AND HEALTH-RELATED SITUATIONS. (3) The term ``State approving agency'' has the meaning given that term in section 3671 of title 38, United States Code. 5. EXTENSION OF RELIEF RELATING TO VETERANS EDUCATIONAL ASSISTANCE. (a) Extension of Modification of Time Limitations on Use of Entitlement to Montgomery GI Bill and Vocational Rehabilitation and Training.--Section 1105 of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (Public Law 116-315) is amended by striking ``December 21, 2021'' each place it appears and inserting ``June 1, 2022''. (f) Extension of Payment of Work-Study Allowances During Emergency Situation.--Section 3 of the Student Veteran Coronavirus Response Act of 2020 (Public Law 116-140; 38 U.S.C. 3485 note) is amended by striking ``During the covered period'' and inserting ``During the period beginning on March 1, 2020, and ending on June 1, 2022''. SEC. ADJUSTMENTS OF CERTAIN LOAN FEES.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Veteran COVID-19 Protection Act of 2021''. 2. (a) Waiver of Verification of Enrollment for Certain Educational Institutions.--Section 3313(l) of title 38, United States Code, is amended by adding at the end the following new paragraph: ``(4) Waiver.--The Secretary may waive the requirements of this subsection for an educational institution that the Secretary has determined uses a flat tuition and fee structure that would make the use of a second verification under this subsection unnecessary.''. 1094(a)(20)). ''; (B) by redesignating paragraph (7) as paragraph (8); and (C) by inserting after paragraph (6) the following new paragraph (7): ``(7) This subsection shall not apply to an educational institution-- ``(A) located in a foreign country; or ``(B) that provides to a covered individual consumer information regarding costs of the program of education (including financial aid available to such covered individual) using a form or template developed by the Secretary of Education.''. (2) Application date.--The Secretary of Veterans Affairs may not carry out subsection (f) of section 3679 of title 38, United States Code until August 1, 2022, except that, beginning on June 15, 2022, an educational institution may submit an application for a waiver under paragraph (5) of such subsection. (3) Conforming amendments.--Subsection (c) of section 3696 of such title is amended-- (A) by inserting ``(1)'' before ``An educational''; (B) by inserting ``, except for the recruitment of foreign students residing in foreign countries who are not eligible to receive Federal student assistance'' after ``assistance''; and (C) by adding at the end the following new paragraph: ``(2) In determining whether a violation of paragraph (1) has occurred, the Under Secretary for Benefits shall construe the requirements of this paragraph in accordance with the regulations and guidance prescribed by the Secretary of Education under section 487(a)(20) of the Higher Education Act of 1965 (20 U.S.C. PROVISION OF EDUCATIONAL ASSISTANCE TO STUDENTS WHO ARE ``ROUNDING OUT'' UNDER EDUCATIONAL ASSISTANCE PROGRAMS OF DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--Section 3680(a) of title 38, United States Code, is amended-- (1) in paragraph (1), in the matter before subparagraph (A), by striking ``in paragraph (2)'' and inserting ``in paragraphs (2) and (3)''; and (2) by adding at the end the following new paragraph: ``(3) Notwithstanding paragraph (1), in the case of an eligible veteran or eligible person who is pursuing a program of education on less than a half-time basis during a period that is the last semester, term, or academic period the veteran or person will be enrolled in the program of education because the veteran or person will complete the program of education at the end of that semester, term, or academic period, the Secretary may, pursuant to such regulations as the Secretary shall prescribe, provide to the veteran or person educational assistance under chapter 30, 32, 33, 34, or 35 of this title or under chapter 1606 of title 10, including a monthly housing stipend described in section 3313(c) of this title, on the basis of the total number of credits or courses in which the veteran or person is enrolled, if-- ``(A) the number of credits the veteran or person needs to complete the program of education is less than the number of credits that would constitute enrollment on a more than half-time basis for that last semester, term, or academic period; and ``(B) the veteran or person-- ``(i) is enrolled in, or has completed, every course offered by the program of education during the last semester, term, or academic period in which the veteran or person is enrolled in the program of education; and ``(ii) enrolls in an additional course that is not required for the completion of such program of education and the enrollment in the non-required course in addition to the required course or courses in which the veteran or person is enrolled constitutes enrollment on more than a half-time basis.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on January 1, 2022, and apply with respect to any semester, term, or academic period that begins on or after that date. 4. CONTINUATION OF DEPARTMENT OF VETERANS AFFAIRS EDUCATIONAL ASSISTANCE BENEFITS FOR CERTAIN PROGRAMS OF EDUCATION CONVERTED TO DISTANCE LEARNING BY REASON OF EMERGENCIES AND HEALTH-RELATED SITUATIONS. (3) The term ``State approving agency'' has the meaning given that term in section 3671 of title 38, United States Code. 5. EXTENSION OF RELIEF RELATING TO VETERANS EDUCATIONAL ASSISTANCE. (a) Extension of Modification of Time Limitations on Use of Entitlement to Montgomery GI Bill and Vocational Rehabilitation and Training.--Section 1105 of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (Public Law 116-315) is amended by striking ``December 21, 2021'' each place it appears and inserting ``June 1, 2022''. (e) Extension of Provision Relating to Apprenticeship or On-Job Training Requirements.--Section 1106(b) of such Act is amended by striking ``December 21, 2021'' and inserting ``June 1, 2022''. (f) Extension of Payment of Work-Study Allowances During Emergency Situation.--Section 3 of the Student Veteran Coronavirus Response Act of 2020 (Public Law 116-140; 38 U.S.C. 3485 note) is amended by striking ``During the covered period'' and inserting ``During the period beginning on March 1, 2020, and ending on June 1, 2022''. SEC. ADJUSTMENTS OF CERTAIN LOAN FEES. The loan fee table in section 3729(b)(2) of title 38, United States Code, is amended by striking ``October 1, 2030'' each place it appears and inserting ``January 14, 2031''.

To amend title 38, United States Code, the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020, and the Student Veteran Coronavirus Response Act of 2020 to make certain improvements to the educational assistance programs of the Department of Veterans Affairs, and for other purposes. a) Waiver of Verification of Enrollment for Certain Educational Institutions.--Section 3313(l) of title 38, United States Code, is amended by adding at the end the following new paragraph: ``(4) Waiver.--The Secretary may waive the requirements of this subsection for an educational institution that the Secretary has determined uses a flat tuition and fee structure that would make the use of a second verification under this subsection unnecessary.''. B) by redesignating paragraph (7) as paragraph (8); and (C) by inserting after paragraph (6) the following new paragraph (7): ``(7) This subsection shall not apply to an educational institution-- ``(A) located in a foreign country; or ``(B) that provides to a covered individual consumer information regarding costs of the program of education (including financial aid available to such covered individual) using a form or template developed by the Secretary of Education.''. (2) Application date.--The Secretary of Veterans Affairs may not carry out subsection (f) of section 3679 of title 38, United States Code until August 1, 2022, except that, beginning on June 15, 2022, an educational institution may submit an application for a waiver under paragraph (5) of such subsection. ( c) Exemption of Foreign Schools From Certain Requirements.-- (1) Information relating to tests.--Section 3689(c) of title 38, United States Code, is amended by adding at the end the following new paragraph: ``(3) Subparagraph (G) of paragraph (1) shall not apply with respect to an educational institution located in a foreign country.''. (2) Examination of records.--Section 3690(c) of title 38, United States Code, is amended-- (A) by striking ``Notwithstanding'' and inserting ``(1) Except as provided in paragraph (2), notwithstanding''; and (B) by adding at the end the following new paragraph: ``(2) Paragraph (1) does not apply to the records and accounts-- ``(A) of an educational institution located in a foreign country; and ``(B) that pertain to an individual who is not receiving educational assistance under this chapter.''. PROVISION OF EDUCATIONAL ASSISTANCE TO STUDENTS WHO ARE ``ROUNDING OUT'' UNDER EDUCATIONAL ASSISTANCE PROGRAMS OF DEPARTMENT OF VETERANS AFFAIRS. (b) Effective Date.--The amendments made by subsection (a) shall take effect on January 1, 2022, and apply with respect to any semester, term, or academic period that begins on or after that date. CONTINUATION OF DEPARTMENT OF VETERANS AFFAIRS EDUCATIONAL ASSISTANCE BENEFITS FOR CERTAIN PROGRAMS OF EDUCATION CONVERTED TO DISTANCE LEARNING BY REASON OF EMERGENCIES AND HEALTH-RELATED SITUATIONS. ( (c) Definitions.--In this section: (1) The term ``educational institution'' has the meaning given that term in section 3452 of title 38, United States Code, and includes an institution of higher learning (as defined in such section). ( a) Extension of Modification of Time Limitations on Use of Entitlement to Montgomery GI Bill and Vocational Rehabilitation and Training.--Section 1105 of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (Public Law 116-315) is amended by striking ``December 21, 2021'' each place it appears and inserting ``June 1, 2022''. ( (d) Extension of Provision Relating to Payment of Educational Assistance in Cases of Withdrawal.--Section 1104(a) of such Act is amended by striking ``December 21, 2021'' and inserting ``June 1, 2022''. ( f) Extension of Payment of Work-Study Allowances During Emergency Situation.--Section 3 of the Student Veteran Coronavirus Response Act of 2020 (Public Law 116-140; 38 U.S.C. 3485 note) is amended by striking ``During the covered period'' and inserting ``During the period beginning on March 1, 2020, and ending on June 1, 2022''.

To amend title 38, United States Code, the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020, and the Student Veteran Coronavirus Response Act of 2020 to make certain improvements to the educational assistance programs of the Department of Veterans Affairs, and for other purposes. a) Waiver of Verification of Enrollment for Certain Educational Institutions.--Section 3313(l) of title 38, United States Code, is amended by adding at the end the following new paragraph: ``(4) Waiver.--The Secretary may waive the requirements of this subsection for an educational institution that the Secretary has determined uses a flat tuition and fee structure that would make the use of a second verification under this subsection unnecessary.''. ( ''; (B) by redesignating paragraph (7) as paragraph (8); and (C) by inserting after paragraph (6) the following new paragraph (7): ``(7) This subsection shall not apply to an educational institution-- ``(A) located in a foreign country; or ``(B) that provides to a covered individual consumer information regarding costs of the program of education (including financial aid available to such covered individual) using a form or template developed by the Secretary of Education.''. ( c) Exemption of Foreign Schools From Certain Requirements.-- (1) Information relating to tests.--Section 3689(c) of title 38, United States Code, is amended by adding at the end the following new paragraph: ``(3) Subparagraph (G) of paragraph (1) shall not apply with respect to an educational institution located in a foreign country.''. ( PROVISION OF EDUCATIONAL ASSISTANCE TO STUDENTS WHO ARE ``ROUNDING OUT'' UNDER EDUCATIONAL ASSISTANCE PROGRAMS OF DEPARTMENT OF VETERANS AFFAIRS. ( (b) Effective Date.--The amendments made by subsection (a) shall take effect on January 1, 2022, and apply with respect to any semester, term, or academic period that begins on or after that date. c) Definitions.--In this section: (1) The term ``educational institution'' has the meaning given that term in section 3452 of title 38, United States Code, and includes an institution of higher learning (as defined in such section). ( (b) Extension of Continuation of Department of Veterans Affairs Educational Assistance Benefits During COVID-19 Emergency.--Section 1102(e) of such Act is amended by striking ``December 21, 2021'' and inserting ``June 1, 2022''. ( c) Extension of Provisions Relating to Effects of Closure of Educational Institution and Modification of Courses by Reason of COVID- 19 Emergency.--Section 1103(h) of such Act is amended by striking ``December 21, 2021'' and inserting ``June 1, 2022''. (

To amend title 38, United States Code, the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020, and the Student Veteran Coronavirus Response Act of 2020 to make certain improvements to the educational assistance programs of the Department of Veterans Affairs, and for other purposes. a) Waiver of Verification of Enrollment for Certain Educational Institutions.--Section 3313(l) of title 38, United States Code, is amended by adding at the end the following new paragraph: ``(4) Waiver.--The Secretary may waive the requirements of this subsection for an educational institution that the Secretary has determined uses a flat tuition and fee structure that would make the use of a second verification under this subsection unnecessary.''. ( ''; (B) by redesignating paragraph (7) as paragraph (8); and (C) by inserting after paragraph (6) the following new paragraph (7): ``(7) This subsection shall not apply to an educational institution-- ``(A) located in a foreign country; or ``(B) that provides to a covered individual consumer information regarding costs of the program of education (including financial aid available to such covered individual) using a form or template developed by the Secretary of Education.''. ( c) Exemption of Foreign Schools From Certain Requirements.-- (1) Information relating to tests.--Section 3689(c) of title 38, United States Code, is amended by adding at the end the following new paragraph: ``(3) Subparagraph (G) of paragraph (1) shall not apply with respect to an educational institution located in a foreign country.''. ( PROVISION OF EDUCATIONAL ASSISTANCE TO STUDENTS WHO ARE ``ROUNDING OUT'' UNDER EDUCATIONAL ASSISTANCE PROGRAMS OF DEPARTMENT OF VETERANS AFFAIRS. ( (b) Effective Date.--The amendments made by subsection (a) shall take effect on January 1, 2022, and apply with respect to any semester, term, or academic period that begins on or after that date. c) Definitions.--In this section: (1) The term ``educational institution'' has the meaning given that term in section 3452 of title 38, United States Code, and includes an institution of higher learning (as defined in such section). ( (b) Extension of Continuation of Department of Veterans Affairs Educational Assistance Benefits During COVID-19 Emergency.--Section 1102(e) of such Act is amended by striking ``December 21, 2021'' and inserting ``June 1, 2022''. ( c) Extension of Provisions Relating to Effects of Closure of Educational Institution and Modification of Courses by Reason of COVID- 19 Emergency.--Section 1103(h) of such Act is amended by striking ``December 21, 2021'' and inserting ``June 1, 2022''. (

To amend title 38, United States Code, the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020, and the Student Veteran Coronavirus Response Act of 2020 to make certain improvements to the educational assistance programs of the Department of Veterans Affairs, and for other purposes. a) Waiver of Verification of Enrollment for Certain Educational Institutions.--Section 3313(l) of title 38, United States Code, is amended by adding at the end the following new paragraph: ``(4) Waiver.--The Secretary may waive the requirements of this subsection for an educational institution that the Secretary has determined uses a flat tuition and fee structure that would make the use of a second verification under this subsection unnecessary.''. B) by redesignating paragraph (7) as paragraph (8); and (C) by inserting after paragraph (6) the following new paragraph (7): ``(7) This subsection shall not apply to an educational institution-- ``(A) located in a foreign country; or ``(B) that provides to a covered individual consumer information regarding costs of the program of education (including financial aid available to such covered individual) using a form or template developed by the Secretary of Education.''. (2) Application date.--The Secretary of Veterans Affairs may not carry out subsection (f) of section 3679 of title 38, United States Code until August 1, 2022, except that, beginning on June 15, 2022, an educational institution may submit an application for a waiver under paragraph (5) of such subsection. ( c) Exemption of Foreign Schools From Certain Requirements.-- (1) Information relating to tests.--Section 3689(c) of title 38, United States Code, is amended by adding at the end the following new paragraph: ``(3) Subparagraph (G) of paragraph (1) shall not apply with respect to an educational institution located in a foreign country.''. (2) Examination of records.--Section 3690(c) of title 38, United States Code, is amended-- (A) by striking ``Notwithstanding'' and inserting ``(1) Except as provided in paragraph (2), notwithstanding''; and (B) by adding at the end the following new paragraph: ``(2) Paragraph (1) does not apply to the records and accounts-- ``(A) of an educational institution located in a foreign country; and ``(B) that pertain to an individual who is not receiving educational assistance under this chapter.''. PROVISION OF EDUCATIONAL ASSISTANCE TO STUDENTS WHO ARE ``ROUNDING OUT'' UNDER EDUCATIONAL ASSISTANCE PROGRAMS OF DEPARTMENT OF VETERANS AFFAIRS. (b) Effective Date.--The amendments made by subsection (a) shall take effect on January 1, 2022, and apply with respect to any semester, term, or academic period that begins on or after that date. CONTINUATION OF DEPARTMENT OF VETERANS AFFAIRS EDUCATIONAL ASSISTANCE BENEFITS FOR CERTAIN PROGRAMS OF EDUCATION CONVERTED TO DISTANCE LEARNING BY REASON OF EMERGENCIES AND HEALTH-RELATED SITUATIONS. ( (c) Definitions.--In this section: (1) The term ``educational institution'' has the meaning given that term in section 3452 of title 38, United States Code, and includes an institution of higher learning (as defined in such section). ( a) Extension of Modification of Time Limitations on Use of Entitlement to Montgomery GI Bill and Vocational Rehabilitation and Training.--Section 1105 of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (Public Law 116-315) is amended by striking ``December 21, 2021'' each place it appears and inserting ``June 1, 2022''. ( (d) Extension of Provision Relating to Payment of Educational Assistance in Cases of Withdrawal.--Section 1104(a) of such Act is amended by striking ``December 21, 2021'' and inserting ``June 1, 2022''. ( f) Extension of Payment of Work-Study Allowances During Emergency Situation.--Section 3 of the Student Veteran Coronavirus Response Act of 2020 (Public Law 116-140; 38 U.S.C. 3485 note) is amended by striking ``During the covered period'' and inserting ``During the period beginning on March 1, 2020, and ending on June 1, 2022''.

To amend title 38, United States Code, the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020, and the Student Veteran Coronavirus Response Act of 2020 to make certain improvements to the educational assistance programs of the Department of Veterans Affairs, and for other purposes. a) Waiver of Verification of Enrollment for Certain Educational Institutions.--Section 3313(l) of title 38, United States Code, is amended by adding at the end the following new paragraph: ``(4) Waiver.--The Secretary may waive the requirements of this subsection for an educational institution that the Secretary has determined uses a flat tuition and fee structure that would make the use of a second verification under this subsection unnecessary.''. ( ''; (B) by redesignating paragraph (7) as paragraph (8); and (C) by inserting after paragraph (6) the following new paragraph (7): ``(7) This subsection shall not apply to an educational institution-- ``(A) located in a foreign country; or ``(B) that provides to a covered individual consumer information regarding costs of the program of education (including financial aid available to such covered individual) using a form or template developed by the Secretary of Education.''. ( c) Exemption of Foreign Schools From Certain Requirements.-- (1) Information relating to tests.--Section 3689(c) of title 38, United States Code, is amended by adding at the end the following new paragraph: ``(3) Subparagraph (G) of paragraph (1) shall not apply with respect to an educational institution located in a foreign country.''. ( PROVISION OF EDUCATIONAL ASSISTANCE TO STUDENTS WHO ARE ``ROUNDING OUT'' UNDER EDUCATIONAL ASSISTANCE PROGRAMS OF DEPARTMENT OF VETERANS AFFAIRS. ( (b) Effective Date.--The amendments made by subsection (a) shall take effect on January 1, 2022, and apply with respect to any semester, term, or academic period that begins on or after that date. c) Definitions.--In this section: (1) The term ``educational institution'' has the meaning given that term in section 3452 of title 38, United States Code, and includes an institution of higher learning (as defined in such section). ( (b) Extension of Continuation of Department of Veterans Affairs Educational Assistance Benefits During COVID-19 Emergency.--Section 1102(e) of such Act is amended by striking ``December 21, 2021'' and inserting ``June 1, 2022''. ( c) Extension of Provisions Relating to Effects of Closure of Educational Institution and Modification of Courses by Reason of COVID- 19 Emergency.--Section 1103(h) of such Act is amended by striking ``December 21, 2021'' and inserting ``June 1, 2022''. (

To amend title 38, United States Code, the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020, and the Student Veteran Coronavirus Response Act of 2020 to make certain improvements to the educational assistance programs of the Department of Veterans Affairs, and for other purposes. a) Waiver of Verification of Enrollment for Certain Educational Institutions.--Section 3313(l) of title 38, United States Code, is amended by adding at the end the following new paragraph: ``(4) Waiver.--The Secretary may waive the requirements of this subsection for an educational institution that the Secretary has determined uses a flat tuition and fee structure that would make the use of a second verification under this subsection unnecessary.''. B) by redesignating paragraph (7) as paragraph (8); and (C) by inserting after paragraph (6) the following new paragraph (7): ``(7) This subsection shall not apply to an educational institution-- ``(A) located in a foreign country; or ``(B) that provides to a covered individual consumer information regarding costs of the program of education (including financial aid available to such covered individual) using a form or template developed by the Secretary of Education.''. (2) Application date.--The Secretary of Veterans Affairs may not carry out subsection (f) of section 3679 of title 38, United States Code until August 1, 2022, except that, beginning on June 15, 2022, an educational institution may submit an application for a waiver under paragraph (5) of such subsection. ( c) Exemption of Foreign Schools From Certain Requirements.-- (1) Information relating to tests.--Section 3689(c) of title 38, United States Code, is amended by adding at the end the following new paragraph: ``(3) Subparagraph (G) of paragraph (1) shall not apply with respect to an educational institution located in a foreign country.''. (2) Examination of records.--Section 3690(c) of title 38, United States Code, is amended-- (A) by striking ``Notwithstanding'' and inserting ``(1) Except as provided in paragraph (2), notwithstanding''; and (B) by adding at the end the following new paragraph: ``(2) Paragraph (1) does not apply to the records and accounts-- ``(A) of an educational institution located in a foreign country; and ``(B) that pertain to an individual who is not receiving educational assistance under this chapter.''. PROVISION OF EDUCATIONAL ASSISTANCE TO STUDENTS WHO ARE ``ROUNDING OUT'' UNDER EDUCATIONAL ASSISTANCE PROGRAMS OF DEPARTMENT OF VETERANS AFFAIRS. (b) Effective Date.--The amendments made by subsection (a) shall take effect on January 1, 2022, and apply with respect to any semester, term, or academic period that begins on or after that date. CONTINUATION OF DEPARTMENT OF VETERANS AFFAIRS EDUCATIONAL ASSISTANCE BENEFITS FOR CERTAIN PROGRAMS OF EDUCATION CONVERTED TO DISTANCE LEARNING BY REASON OF EMERGENCIES AND HEALTH-RELATED SITUATIONS. ( (c) Definitions.--In this section: (1) The term ``educational institution'' has the meaning given that term in section 3452 of title 38, United States Code, and includes an institution of higher learning (as defined in such section). ( a) Extension of Modification of Time Limitations on Use of Entitlement to Montgomery GI Bill and Vocational Rehabilitation and Training.--Section 1105 of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (Public Law 116-315) is amended by striking ``December 21, 2021'' each place it appears and inserting ``June 1, 2022''. ( (d) Extension of Provision Relating to Payment of Educational Assistance in Cases of Withdrawal.--Section 1104(a) of such Act is amended by striking ``December 21, 2021'' and inserting ``June 1, 2022''. ( f) Extension of Payment of Work-Study Allowances During Emergency Situation.--Section 3 of the Student Veteran Coronavirus Response Act of 2020 (Public Law 116-140; 38 U.S.C. 3485 note) is amended by striking ``During the covered period'' and inserting ``During the period beginning on March 1, 2020, and ending on June 1, 2022''.

To amend title 38, United States Code, the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020, and the Student Veteran Coronavirus Response Act of 2020 to make certain improvements to the educational assistance programs of the Department of Veterans Affairs, and for other purposes. a) Waiver of Verification of Enrollment for Certain Educational Institutions.--Section 3313(l) of title 38, United States Code, is amended by adding at the end the following new paragraph: ``(4) Waiver.--The Secretary may waive the requirements of this subsection for an educational institution that the Secretary has determined uses a flat tuition and fee structure that would make the use of a second verification under this subsection unnecessary.''. ( ''; (B) by redesignating paragraph (7) as paragraph (8); and (C) by inserting after paragraph (6) the following new paragraph (7): ``(7) This subsection shall not apply to an educational institution-- ``(A) located in a foreign country; or ``(B) that provides to a covered individual consumer information regarding costs of the program of education (including financial aid available to such covered individual) using a form or template developed by the Secretary of Education.''. ( c) Exemption of Foreign Schools From Certain Requirements.-- (1) Information relating to tests.--Section 3689(c) of title 38, United States Code, is amended by adding at the end the following new paragraph: ``(3) Subparagraph (G) of paragraph (1) shall not apply with respect to an educational institution located in a foreign country.''. ( PROVISION OF EDUCATIONAL ASSISTANCE TO STUDENTS WHO ARE ``ROUNDING OUT'' UNDER EDUCATIONAL ASSISTANCE PROGRAMS OF DEPARTMENT OF VETERANS AFFAIRS. ( (b) Effective Date.--The amendments made by subsection (a) shall take effect on January 1, 2022, and apply with respect to any semester, term, or academic period that begins on or after that date. c) Definitions.--In this section: (1) The term ``educational institution'' has the meaning given that term in section 3452 of title 38, United States Code, and includes an institution of higher learning (as defined in such section). ( (b) Extension of Continuation of Department of Veterans Affairs Educational Assistance Benefits During COVID-19 Emergency.--Section 1102(e) of such Act is amended by striking ``December 21, 2021'' and inserting ``June 1, 2022''. ( c) Extension of Provisions Relating to Effects of Closure of Educational Institution and Modification of Courses by Reason of COVID- 19 Emergency.--Section 1103(h) of such Act is amended by striking ``December 21, 2021'' and inserting ``June 1, 2022''. (

To amend title 38, United States Code, the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020, and the Student Veteran Coronavirus Response Act of 2020 to make certain improvements to the educational assistance programs of the Department of Veterans Affairs, and for other purposes. 2) Application date.--The Secretary of Veterans Affairs may not carry out subsection (f) of section 3679 of title 38, United States Code until August 1, 2022, except that, beginning on June 15, 2022, an educational institution may submit an application for a waiver under paragraph (5) of such subsection. ( c) Exemption of Foreign Schools From Certain Requirements.-- (1) Information relating to tests.--Section 3689(c) of title 38, United States Code, is amended by adding at the end the following new paragraph: ``(3) Subparagraph (G) of paragraph (1) shall not apply with respect to an educational institution located in a foreign country.''. ( 2) Examination of records.--Section 3690(c) of title 38, United States Code, is amended-- (A) by striking ``Notwithstanding'' and inserting ``(1) Except as provided in paragraph (2), notwithstanding''; and (B) by adding at the end the following new paragraph: ``(2) Paragraph (1) does not apply to the records and accounts-- ``(A) of an educational institution located in a foreign country; and ``(B) that pertain to an individual who is not receiving educational assistance under this chapter.''. ( a) Extension of Modification of Time Limitations on Use of Entitlement to Montgomery GI Bill and Vocational Rehabilitation and Training.--Section 1105 of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (Public Law 116-315) is amended by striking ``December 21, 2021'' each place it appears and inserting ``June 1, 2022''. ( ( d) Extension of Provision Relating to Payment of Educational Assistance in Cases of Withdrawal.--Section 1104(a) of such Act is amended by striking ``December 21, 2021'' and inserting ``June 1, 2022''. (

To amend title 38, United States Code, the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020, and the Student Veteran Coronavirus Response Act of 2020 to make certain improvements to the educational assistance programs of the Department of Veterans Affairs, and for other purposes. c) Exemption of Foreign Schools From Certain Requirements.-- (1) Information relating to tests.--Section 3689(c) of title 38, United States Code, is amended by adding at the end the following new paragraph: ``(3) Subparagraph (G) of paragraph (1) shall not apply with respect to an educational institution located in a foreign country.''. ( ( c) Extension of Provisions Relating to Effects of Closure of Educational Institution and Modification of Courses by Reason of COVID- 19 Emergency.--Section 1103(h) of such Act is amended by striking ``December 21, 2021'' and inserting ``June 1, 2022''. (

To amend title 38, United States Code, the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020, and the Student Veteran Coronavirus Response Act of 2020 to make certain improvements to the educational assistance programs of the Department of Veterans Affairs, and for other purposes. 2) Application date.--The Secretary of Veterans Affairs may not carry out subsection (f) of section 3679 of title 38, United States Code until August 1, 2022, except that, beginning on June 15, 2022, an educational institution may submit an application for a waiver under paragraph (5) of such subsection. ( c) Exemption of Foreign Schools From Certain Requirements.-- (1) Information relating to tests.--Section 3689(c) of title 38, United States Code, is amended by adding at the end the following new paragraph: ``(3) Subparagraph (G) of paragraph (1) shall not apply with respect to an educational institution located in a foreign country.''. ( 2) Examination of records.--Section 3690(c) of title 38, United States Code, is amended-- (A) by striking ``Notwithstanding'' and inserting ``(1) Except as provided in paragraph (2), notwithstanding''; and (B) by adding at the end the following new paragraph: ``(2) Paragraph (1) does not apply to the records and accounts-- ``(A) of an educational institution located in a foreign country; and ``(B) that pertain to an individual who is not receiving educational assistance under this chapter.''. ( a) Extension of Modification of Time Limitations on Use of Entitlement to Montgomery GI Bill and Vocational Rehabilitation and Training.--Section 1105 of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (Public Law 116-315) is amended by striking ``December 21, 2021'' each place it appears and inserting ``June 1, 2022''. ( ( d) Extension of Provision Relating to Payment of Educational Assistance in Cases of Withdrawal.--Section 1104(a) of such Act is amended by striking ``December 21, 2021'' and inserting ``June 1, 2022''. (

Student Veteran COVID-19 Protection Act of 2021 This bill amends the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020, and the Student Veteran Coronavirus Response Act of FY2020 to make certain improvements to the educational assistance programs of the Department of Veterans Affairs (VA). Specifically, the bill: (1 Amends the Department of Veterans Affairs (VA) Veterans Educational Assistance Act to authorize the Secretary of Veterans affairs to provide educational assistance to an eligible veteran or eligible person who is pursuing a program of education on less than a half-time basis during a period that is the last semester, term, or academic period in which the veteran or person will be enrolled in the program because the

H.R.8618

Labor and Employment

Ending Secrecy About Workplace Harassment Act This bill requires every employer that must submit to the Equal Employment Opportunity Commission (EEOC) an Employer Information Report EEO-1 to separately report on an annual basis the number of settlements reached by the employer involving workplace harassment. The bill also requires the EEOC and the Government Accountability Office to report information relating to claims of discrimination.

To require annual reporting by employers to the Equal Employment Opportunity Commission of the number of settlements of employee claims of discrimination based on race, color, national origin, religion, sex (including pregnancy, sexual orientation, or gender identity), age (40 or older), disability, genetic information (including family medical history), or any combination of such factors, and for other 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 ``Ending Secrecy About Workplace Harassment Act''. (b) Findings.--Congress finds that the following: (1) Thirty years after the United States Supreme Court held in Meritor Savings Bank v. Vinson that workplace harassment creates a hostile or abusive work environment and is a violation of title VII of the Civil Rights Act of 1964, sexual harassment remains a widespread problem, affecting victims in every industry, at every level of employment. (2) In fiscal year 2020, the Equal Employment Opportunity Commission (in this Act referred to as the ``Commission'') received 67,448 charges of workplace discrimination. The most frequently cited claim was retaliation with 37,632 charges, which made up 55.8 percent of all charges filed. This was followed by disability with 24,324 charges (36.1 percent), race with 22,064 charges (32.7 percent), sex with 21,398 charges (31.7 percent), age with 14,183 charges (21.0 percent), national origin with 6,377 charges (9.5 percent), color with 3,562 charges (5.3 percent), religion with 2,404 charges (3.6 percent), and genetic information with 440 charges (0.7 percent). (3) An analysis of the Commission's charge data between 2012 and 2016 shows that many individuals experience multiple bases of harassment. For example, 1 in 17 women who filed sexual harassment charges during this period experienced racialized sexual harassment, or harassment based not only on their sex but also their race. In addition, over 35 percent of women also alleged retaliation. (4) According to the Commission's Select Task Force in 2016, on the Study of Harassment in the Workplace, the prevalence of workplace harassment, and in particular sexual harassment-- (A) causes mental and physical harm to the victim, which can include symptoms of depression, general stress and anxiety, posttraumatic stress disorder (PTSD), and overall impaired psychological well-being; and (B) results in mental and physical harms to those that observe or perceive mistreatment in the workplace, as one study concluded ``employees, female and male alike, who observed hostility directed toward female coworkers (both incivility and sexually harassing behavior) were more likely to experience lower psychological well-being'', which were ``in turn linked to lower physical well-being''. (5) Prevalence of harassment in the workplace causes substantial financial harm to victims, as they often try to avoid the harassing behavior by taking leave without pay or leaving the workplace entirely, resulting in a loss of wages. The U.S. Merit Systems Protection Board's 1995 report on Sexual Harassment in the Federal Workplace found sexual harassment cost Federal employees $4,400,000 between 1992 and 1994. (6) According to Commission records, in fiscal year 2020, the Commission secured $439,200,000 for victims of discrimination in the private sector and State and local government workplaces through voluntary resolutions and litigation. (7) The Commission is responsible for enforcing Federal anti-discrimination laws that protect job applicants and employees, and has the authority to investigate charges of discrimination against employers who are covered by the law. SEC. 2. EMPLOYER REPORTING REQUIREMENT. (a) Reporting Requirement.--Every employer required to submit to the Equal Employment Opportunity Commission an Employer Information Report EEO-1 shall submit annually a separate report that specifies the total number of settlements reached by the employer with employees involving workplace harassment and the number of such settlements in each of following categories: (1) Settlements relating to harassment based on race, color, or national origin. (2) Settlements relating to harassment based on religion. (3) Settlements relating to harassment based on sex (including pregnancy, sexual orientation, or gender identity). (4) Settlements relating to harassment based on age (40 or older). (5) Settlements relating to harassment based on disability. (6) Settlements relating to harassment based on genetic information (including family medical history). (7) Settlements relating to harassment based on any combination of the harassment described in paragraphs (1) through (6). (b) Required Reporting.--Examples of settlements required to be reported under this section include any written or oral agreement where anything of value is conferred to an individual because of an allegation that the individual has been a victim of workplace harassment on the basis of race, color, national origin, religion, sex (including pregnancy, sexual orientation, or gender identity), age (40 or older), disability, genetic information (including family medical history), any combination of such factors in return for such individual declining to further pursue resolution of the allegation through litigation or any internal process, mediation, or other workplace resolution. SEC. 3. RIGHTS OF EMPLOYEES. (a) Protection From Retaliation.-- (1) Conduct prohibited.--An employer may not terminate any employee nor discriminate against any such employee with regards to terms and conditions of employment because such employee-- (A) inquires about an employer's meeting of the requirements of this Act; or (B) complains about an employer's failure to meet the requirements of this Act. (2) Enforcement.-- (A) Liability.--In addition to civil rights protections and remedies for retaliation available under other Federal, State, or local law, any employer who violates paragraph (1) shall be liable to any eligible employee affected for-- (i) damages equal to the amount of any wages, salary, employment benefits, or other compensation denied or lost to such employee by reason of the violation; (ii) the interest on the amount described in clause (i) calculated at the prevailing rate; (iii) an additional amount as liquidated damages equal to the sum of the amount described in clause (i) and the interest described in clause (ii); and (iv) such equitable relief as may be appropriate, including employment, reinstatement, and promotion. (B) Right of action.--An action to recover the damages or equitable relief prescribed in subparagraph (A) may be maintained against any employer in any Federal or State court of competent jurisdiction by any one or more employees for and on behalf of-- (i) the employee or employees; or (ii) the employees and other employees similarly situated. (C) Fees and costs.--The court in such an action shall, in addition to any judgment awarded to the plaintiff, allow a reasonable attorney's fee, reasonable expert witness fees, and other costs of the action to be paid by the defendant. (b) Confidentiality Agreements and Settlements.-- (1) Rule of construction.--Nothing in this Act shall be construed to interfere with the right of an employee to enter into a confidentiality agreement with the employee's employer with respect to a claim of discrimination based on race, color, national origin, religion, sex (including pregnancy, sexual orientation, gender identity), age (40 or older), disability, genetic information (including family medical history), or any combination of such factors, the investigation of such a claim, or the out-of-court settlement of such a claim. (2) Limitations on agreements.-- (A) An employer may not use a confidentiality agreement described in paragraph (1) as a basis for not submitting the information required by section 2. (B) A confidentiality agreement described in paragraph (1) shall not be construed as prohibiting any party to such agreement from cooperating with law enforcement investigations into any claims of discrimination based on race, color, national origin, religion, sex (including pregnancy, sexual orientation, gender identity), age (40 or older), disability, genetic information (including family medical history), or any combination of such factors. SEC. 4. EEOC REPORT TO CONGRESS. The Equal Employment Opportunity Commission shall annually report to Congress information relating to claims of discrimination based on race, color, national origin, religion, sex (including pregnancy, sexual orientation, or gender identity), age (40 or older), disability, genetic information (including family medical history), and any combination of such factors, including-- (1) the number of settlements that were reported to the Commission as defined by and reported pursuant to section 2; (2) the number of charges alleging discrimination based on race, color, national origin, religion, sex (including pregnancy, sexual orientation, or gender identity), age (40 or older), disability, genetic information (including family medical history), and any combination of such factors that were reported to the Equal Employment Opportunity Commission; (3) a summary of any action taken by the Commission based upon any such charges or complaints collected pursuant to this Act, such as litigation or settlements facilitated by the Commission pertaining to discrimination based on race, color, national origin, religion, sex (including pregnancy, sexual orientation, or gender identity), age (40 or older), disability, genetic information (including family medical history), and any combination of such factors, including a brief description of any outcome of such actions; and (4) a summary of mechanisms the Commission can take to increase public transparency of this data by individual employer without sacrificing the identities of the victims. SEC. 5. GAO STUDY AND REPORT. The Comptroller General of the United States shall conduct a comprehensive study of claims of discrimination based on race, color, national origin, religion, sex (including pregnancy, sexual orientation, or gender identity), age (40 or older), disability, genetic information (including family medical history), or any combination of such factors involving both government and private sector employees and shall report to Congress not later than one year after the date of enactment of this Act the results of such study and recommendations for legislation or other action for improving transparency and accountability regarding such claims. <all>

Ending Secrecy About Workplace Harassment Act

To require annual reporting by employers to the Equal Employment Opportunity Commission of the number of settlements of employee claims of discrimination based on race, color, national origin, religion, sex (including pregnancy, sexual orientation, or gender identity), age (40 or older), disability, genetic information (including family medical history), or any combination of such factors, and for other purposes.

Ending Secrecy About Workplace Harassment Act

Rep. Maloney, Carolyn B.

D

NY

This bill requires every employer that must submit to the Equal Employment Opportunity Commission (EEOC) an Employer Information Report EEO-1 to separately report on an annual basis the number of settlements reached by the employer involving workplace harassment. The bill also requires the EEOC and the Government Accountability Office to report information relating to claims of discrimination.

To require annual reporting by employers to the Equal Employment Opportunity Commission of the number of settlements of employee claims of discrimination based on race, color, national origin, religion, sex (including pregnancy, sexual orientation, or gender identity), age (40 or older), disability, genetic information (including family medical history), or any combination of such factors, and for other purposes. (a) Short Title.--This Act may be cited as the ``Ending Secrecy About Workplace Harassment Act''. This was followed by disability with 24,324 charges (36.1 percent), race with 22,064 charges (32.7 percent), sex with 21,398 charges (31.7 percent), age with 14,183 charges (21.0 percent), national origin with 6,377 charges (9.5 percent), color with 3,562 charges (5.3 percent), religion with 2,404 charges (3.6 percent), and genetic information with 440 charges (0.7 percent). In addition, over 35 percent of women also alleged retaliation. (4) According to the Commission's Select Task Force in 2016, on the Study of Harassment in the Workplace, the prevalence of workplace harassment, and in particular sexual harassment-- (A) causes mental and physical harm to the victim, which can include symptoms of depression, general stress and anxiety, posttraumatic stress disorder (PTSD), and overall impaired psychological well-being; and (B) results in mental and physical harms to those that observe or perceive mistreatment in the workplace, as one study concluded ``employees, female and male alike, who observed hostility directed toward female coworkers (both incivility and sexually harassing behavior) were more likely to experience lower psychological well-being'', which were ``in turn linked to lower physical well-being''. (6) According to Commission records, in fiscal year 2020, the Commission secured $439,200,000 for victims of discrimination in the private sector and State and local government workplaces through voluntary resolutions and litigation. EMPLOYER REPORTING REQUIREMENT. (2) Settlements relating to harassment based on religion. 3. RIGHTS OF EMPLOYEES. (C) Fees and costs.--The court in such an action shall, in addition to any judgment awarded to the plaintiff, allow a reasonable attorney's fee, reasonable expert witness fees, and other costs of the action to be paid by the defendant. (2) Limitations on agreements.-- (A) An employer may not use a confidentiality agreement described in paragraph (1) as a basis for not submitting the information required by section 2. 4. EEOC REPORT TO CONGRESS. SEC. 5. GAO STUDY AND REPORT.

To require annual reporting by employers to the Equal Employment Opportunity Commission of the number of settlements of employee claims of discrimination based on race, color, national origin, religion, sex (including pregnancy, sexual orientation, or gender identity), age (40 or older), disability, genetic information (including family medical history), or any combination of such factors, and for other purposes. (a) Short Title.--This Act may be cited as the ``Ending Secrecy About Workplace Harassment Act''. This was followed by disability with 24,324 charges (36.1 percent), race with 22,064 charges (32.7 percent), sex with 21,398 charges (31.7 percent), age with 14,183 charges (21.0 percent), national origin with 6,377 charges (9.5 percent), color with 3,562 charges (5.3 percent), religion with 2,404 charges (3.6 percent), and genetic information with 440 charges (0.7 percent). In addition, over 35 percent of women also alleged retaliation. (6) According to Commission records, in fiscal year 2020, the Commission secured $439,200,000 for victims of discrimination in the private sector and State and local government workplaces through voluntary resolutions and litigation. (2) Settlements relating to harassment based on religion. 3. RIGHTS OF EMPLOYEES. (C) Fees and costs.--The court in such an action shall, in addition to any judgment awarded to the plaintiff, allow a reasonable attorney's fee, reasonable expert witness fees, and other costs of the action to be paid by the defendant. (2) Limitations on agreements.-- (A) An employer may not use a confidentiality agreement described in paragraph (1) as a basis for not submitting the information required by section 2. 4. EEOC REPORT TO CONGRESS. SEC. 5. GAO STUDY AND REPORT.

To require annual reporting by employers to the Equal Employment Opportunity Commission of the number of settlements of employee claims of discrimination based on race, color, national origin, religion, sex (including pregnancy, sexual orientation, or gender identity), age (40 or older), disability, genetic information (including family medical history), or any combination of such factors, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. (a) Short Title.--This Act may be cited as the ``Ending Secrecy About Workplace Harassment Act''. (b) Findings.--Congress finds that the following: (1) Thirty years after the United States Supreme Court held in Meritor Savings Bank v. Vinson that workplace harassment creates a hostile or abusive work environment and is a violation of title VII of the Civil Rights Act of 1964, sexual harassment remains a widespread problem, affecting victims in every industry, at every level of employment. The most frequently cited claim was retaliation with 37,632 charges, which made up 55.8 percent of all charges filed. This was followed by disability with 24,324 charges (36.1 percent), race with 22,064 charges (32.7 percent), sex with 21,398 charges (31.7 percent), age with 14,183 charges (21.0 percent), national origin with 6,377 charges (9.5 percent), color with 3,562 charges (5.3 percent), religion with 2,404 charges (3.6 percent), and genetic information with 440 charges (0.7 percent). (3) An analysis of the Commission's charge data between 2012 and 2016 shows that many individuals experience multiple bases of harassment. In addition, over 35 percent of women also alleged retaliation. (4) According to the Commission's Select Task Force in 2016, on the Study of Harassment in the Workplace, the prevalence of workplace harassment, and in particular sexual harassment-- (A) causes mental and physical harm to the victim, which can include symptoms of depression, general stress and anxiety, posttraumatic stress disorder (PTSD), and overall impaired psychological well-being; and (B) results in mental and physical harms to those that observe or perceive mistreatment in the workplace, as one study concluded ``employees, female and male alike, who observed hostility directed toward female coworkers (both incivility and sexually harassing behavior) were more likely to experience lower psychological well-being'', which were ``in turn linked to lower physical well-being''. (5) Prevalence of harassment in the workplace causes substantial financial harm to victims, as they often try to avoid the harassing behavior by taking leave without pay or leaving the workplace entirely, resulting in a loss of wages. The U.S. (6) According to Commission records, in fiscal year 2020, the Commission secured $439,200,000 for victims of discrimination in the private sector and State and local government workplaces through voluntary resolutions and litigation. (7) The Commission is responsible for enforcing Federal anti-discrimination laws that protect job applicants and employees, and has the authority to investigate charges of discrimination against employers who are covered by the law. EMPLOYER REPORTING REQUIREMENT. (2) Settlements relating to harassment based on religion. 3. RIGHTS OF EMPLOYEES. (2) Enforcement.-- (A) Liability.--In addition to civil rights protections and remedies for retaliation available under other Federal, State, or local law, any employer who violates paragraph (1) shall be liable to any eligible employee affected for-- (i) damages equal to the amount of any wages, salary, employment benefits, or other compensation denied or lost to such employee by reason of the violation; (ii) the interest on the amount described in clause (i) calculated at the prevailing rate; (iii) an additional amount as liquidated damages equal to the sum of the amount described in clause (i) and the interest described in clause (ii); and (iv) such equitable relief as may be appropriate, including employment, reinstatement, and promotion. (C) Fees and costs.--The court in such an action shall, in addition to any judgment awarded to the plaintiff, allow a reasonable attorney's fee, reasonable expert witness fees, and other costs of the action to be paid by the defendant. (2) Limitations on agreements.-- (A) An employer may not use a confidentiality agreement described in paragraph (1) as a basis for not submitting the information required by section 2. 4. EEOC REPORT TO CONGRESS. SEC. 5. GAO STUDY AND REPORT.

To require annual reporting by employers to the Equal Employment Opportunity Commission of the number of settlements of employee claims of discrimination based on race, color, national origin, religion, sex (including pregnancy, sexual orientation, or gender identity), age (40 or older), disability, genetic information (including family medical history), or any combination of such factors, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. (a) Short Title.--This Act may be cited as the ``Ending Secrecy About Workplace Harassment Act''. (b) Findings.--Congress finds that the following: (1) Thirty years after the United States Supreme Court held in Meritor Savings Bank v. Vinson that workplace harassment creates a hostile or abusive work environment and is a violation of title VII of the Civil Rights Act of 1964, sexual harassment remains a widespread problem, affecting victims in every industry, at every level of employment. The most frequently cited claim was retaliation with 37,632 charges, which made up 55.8 percent of all charges filed. This was followed by disability with 24,324 charges (36.1 percent), race with 22,064 charges (32.7 percent), sex with 21,398 charges (31.7 percent), age with 14,183 charges (21.0 percent), national origin with 6,377 charges (9.5 percent), color with 3,562 charges (5.3 percent), religion with 2,404 charges (3.6 percent), and genetic information with 440 charges (0.7 percent). (3) An analysis of the Commission's charge data between 2012 and 2016 shows that many individuals experience multiple bases of harassment. In addition, over 35 percent of women also alleged retaliation. (4) According to the Commission's Select Task Force in 2016, on the Study of Harassment in the Workplace, the prevalence of workplace harassment, and in particular sexual harassment-- (A) causes mental and physical harm to the victim, which can include symptoms of depression, general stress and anxiety, posttraumatic stress disorder (PTSD), and overall impaired psychological well-being; and (B) results in mental and physical harms to those that observe or perceive mistreatment in the workplace, as one study concluded ``employees, female and male alike, who observed hostility directed toward female coworkers (both incivility and sexually harassing behavior) were more likely to experience lower psychological well-being'', which were ``in turn linked to lower physical well-being''. (5) Prevalence of harassment in the workplace causes substantial financial harm to victims, as they often try to avoid the harassing behavior by taking leave without pay or leaving the workplace entirely, resulting in a loss of wages. The U.S. Merit Systems Protection Board's 1995 report on Sexual Harassment in the Federal Workplace found sexual harassment cost Federal employees $4,400,000 between 1992 and 1994. (6) According to Commission records, in fiscal year 2020, the Commission secured $439,200,000 for victims of discrimination in the private sector and State and local government workplaces through voluntary resolutions and litigation. (7) The Commission is responsible for enforcing Federal anti-discrimination laws that protect job applicants and employees, and has the authority to investigate charges of discrimination against employers who are covered by the law. EMPLOYER REPORTING REQUIREMENT. (a) Reporting Requirement.--Every employer required to submit to the Equal Employment Opportunity Commission an Employer Information Report EEO-1 shall submit annually a separate report that specifies the total number of settlements reached by the employer with employees involving workplace harassment and the number of such settlements in each of following categories: (1) Settlements relating to harassment based on race, color, or national origin. (2) Settlements relating to harassment based on religion. (b) Required Reporting.--Examples of settlements required to be reported under this section include any written or oral agreement where anything of value is conferred to an individual because of an allegation that the individual has been a victim of workplace harassment on the basis of race, color, national origin, religion, sex (including pregnancy, sexual orientation, or gender identity), age (40 or older), disability, genetic information (including family medical history), any combination of such factors in return for such individual declining to further pursue resolution of the allegation through litigation or any internal process, mediation, or other workplace resolution. 3. RIGHTS OF EMPLOYEES. (a) Protection From Retaliation.-- (1) Conduct prohibited.--An employer may not terminate any employee nor discriminate against any such employee with regards to terms and conditions of employment because such employee-- (A) inquires about an employer's meeting of the requirements of this Act; or (B) complains about an employer's failure to meet the requirements of this Act. (2) Enforcement.-- (A) Liability.--In addition to civil rights protections and remedies for retaliation available under other Federal, State, or local law, any employer who violates paragraph (1) shall be liable to any eligible employee affected for-- (i) damages equal to the amount of any wages, salary, employment benefits, or other compensation denied or lost to such employee by reason of the violation; (ii) the interest on the amount described in clause (i) calculated at the prevailing rate; (iii) an additional amount as liquidated damages equal to the sum of the amount described in clause (i) and the interest described in clause (ii); and (iv) such equitable relief as may be appropriate, including employment, reinstatement, and promotion. (C) Fees and costs.--The court in such an action shall, in addition to any judgment awarded to the plaintiff, allow a reasonable attorney's fee, reasonable expert witness fees, and other costs of the action to be paid by the defendant. (2) Limitations on agreements.-- (A) An employer may not use a confidentiality agreement described in paragraph (1) as a basis for not submitting the information required by section 2. 4. EEOC REPORT TO CONGRESS. SEC. 5. GAO STUDY AND REPORT.

To require annual reporting by employers to the Equal Employment Opportunity Commission of the number of settlements of employee claims of discrimination based on race, color, national origin, religion, sex (including pregnancy, sexual orientation, or gender identity), age (40 or older), disability, genetic information (including family medical history), or any combination of such factors, and for other purposes. 2) In fiscal year 2020, the Equal Employment Opportunity Commission (in this Act referred to as the ``Commission'') received 67,448 charges of workplace discrimination. This was followed by disability with 24,324 charges (36.1 percent), race with 22,064 charges (32.7 percent), sex with 21,398 charges (31.7 percent), age with 14,183 charges (21.0 percent), national origin with 6,377 charges (9.5 percent), color with 3,562 charges (5.3 percent), religion with 2,404 charges (3.6 percent), and genetic information with 440 charges (0.7 percent). ( In addition, over 35 percent of women also alleged retaliation. ( (5) Prevalence of harassment in the workplace causes substantial financial harm to victims, as they often try to avoid the harassing behavior by taking leave without pay or leaving the workplace entirely, resulting in a loss of wages. 2) Settlements relating to harassment based on religion. ( (6) Settlements relating to harassment based on genetic information (including family medical history). ( a) Protection From Retaliation.-- (1) Conduct prohibited.--An employer may not terminate any employee nor discriminate against any such employee with regards to terms and conditions of employment because such employee-- (A) inquires about an employer's meeting of the requirements of this Act; or (B) complains about an employer's failure to meet the requirements of this Act. B) Right of action.--An action to recover the damages or equitable relief prescribed in subparagraph (A) may be maintained against any employer in any Federal or State court of competent jurisdiction by any one or more employees for and on behalf of-- (i) the employee or employees; or (ii) the employees and other employees similarly situated. ( C) Fees and costs.--The court in such an action shall, in addition to any judgment awarded to the plaintiff, allow a reasonable attorney's fee, reasonable expert witness fees, and other costs of the action to be paid by the defendant. (b) Confidentiality Agreements and Settlements.-- (1) Rule of construction.--Nothing in this Act shall be construed to interfere with the right of an employee to enter into a confidentiality agreement with the employee's employer with respect to a claim of discrimination based on race, color, national origin, religion, sex (including pregnancy, sexual orientation, gender identity), age (40 or older), disability, genetic information (including family medical history), or any combination of such factors, the investigation of such a claim, or the out-of-court settlement of such a claim. ( 2) Limitations on agreements.-- (A) An employer may not use a confidentiality agreement described in paragraph (1) as a basis for not submitting the information required by section 2. ( GAO STUDY AND REPORT.

To require annual reporting by employers to the Equal Employment Opportunity Commission of the number of settlements of employee claims of discrimination based on race, color, national origin, religion, sex (including pregnancy, sexual orientation, or gender identity), age (40 or older), disability, genetic information (including family medical history), or any combination of such factors, and for other purposes. 3) An analysis of the Commission's charge data between 2012 and 2016 shows that many individuals experience multiple bases of harassment. For example, 1 in 17 women who filed sexual harassment charges during this period experienced racialized sexual harassment, or harassment based not only on their sex but also their race. 5) Prevalence of harassment in the workplace causes substantial financial harm to victims, as they often try to avoid the harassing behavior by taking leave without pay or leaving the workplace entirely, resulting in a loss of wages. 2) Settlements relating to harassment based on religion. ( (6) Settlements relating to harassment based on genetic information (including family medical history). ( 7) Settlements relating to harassment based on any combination of the harassment described in paragraphs (1) through (6). ( (C) Fees and costs.--The court in such an action shall, in addition to any judgment awarded to the plaintiff, allow a reasonable attorney's fee, reasonable expert witness fees, and other costs of the action to be paid by the defendant. ( b) Confidentiality Agreements and Settlements.-- (1) Rule of construction.--Nothing in this Act shall be construed to interfere with the right of an employee to enter into a confidentiality agreement with the employee's employer with respect to a claim of discrimination based on race, color, national origin, religion, sex (including pregnancy, sexual orientation, gender identity), age (40 or older), disability, genetic information (including family medical history), or any combination of such factors, the investigation of such a claim, or the out-of-court settlement of such a claim. ( GAO STUDY AND REPORT.

To require annual reporting by employers to the Equal Employment Opportunity Commission of the number of settlements of employee claims of discrimination based on race, color, national origin, religion, sex (including pregnancy, sexual orientation, or gender identity), age (40 or older), disability, genetic information (including family medical history), or any combination of such factors, and for other purposes. 3) An analysis of the Commission's charge data between 2012 and 2016 shows that many individuals experience multiple bases of harassment. For example, 1 in 17 women who filed sexual harassment charges during this period experienced racialized sexual harassment, or harassment based not only on their sex but also their race. 5) Prevalence of harassment in the workplace causes substantial financial harm to victims, as they often try to avoid the harassing behavior by taking leave without pay or leaving the workplace entirely, resulting in a loss of wages. 2) Settlements relating to harassment based on religion. ( (6) Settlements relating to harassment based on genetic information (including family medical history). ( 7) Settlements relating to harassment based on any combination of the harassment described in paragraphs (1) through (6). ( (C) Fees and costs.--The court in such an action shall, in addition to any judgment awarded to the plaintiff, allow a reasonable attorney's fee, reasonable expert witness fees, and other costs of the action to be paid by the defendant. ( b) Confidentiality Agreements and Settlements.-- (1) Rule of construction.--Nothing in this Act shall be construed to interfere with the right of an employee to enter into a confidentiality agreement with the employee's employer with respect to a claim of discrimination based on race, color, national origin, religion, sex (including pregnancy, sexual orientation, gender identity), age (40 or older), disability, genetic information (including family medical history), or any combination of such factors, the investigation of such a claim, or the out-of-court settlement of such a claim. ( GAO STUDY AND REPORT.

To require annual reporting by employers to the Equal Employment Opportunity Commission of the number of settlements of employee claims of discrimination based on race, color, national origin, religion, sex (including pregnancy, sexual orientation, or gender identity), age (40 or older), disability, genetic information (including family medical history), or any combination of such factors, and for other purposes. 2) In fiscal year 2020, the Equal Employment Opportunity Commission (in this Act referred to as the ``Commission'') received 67,448 charges of workplace discrimination. This was followed by disability with 24,324 charges (36.1 percent), race with 22,064 charges (32.7 percent), sex with 21,398 charges (31.7 percent), age with 14,183 charges (21.0 percent), national origin with 6,377 charges (9.5 percent), color with 3,562 charges (5.3 percent), religion with 2,404 charges (3.6 percent), and genetic information with 440 charges (0.7 percent). ( In addition, over 35 percent of women also alleged retaliation. ( (5) Prevalence of harassment in the workplace causes substantial financial harm to victims, as they often try to avoid the harassing behavior by taking leave without pay or leaving the workplace entirely, resulting in a loss of wages. 2) Settlements relating to harassment based on religion. ( (6) Settlements relating to harassment based on genetic information (including family medical history). ( a) Protection From Retaliation.-- (1) Conduct prohibited.--An employer may not terminate any employee nor discriminate against any such employee with regards to terms and conditions of employment because such employee-- (A) inquires about an employer's meeting of the requirements of this Act; or (B) complains about an employer's failure to meet the requirements of this Act. B) Right of action.--An action to recover the damages or equitable relief prescribed in subparagraph (A) may be maintained against any employer in any Federal or State court of competent jurisdiction by any one or more employees for and on behalf of-- (i) the employee or employees; or (ii) the employees and other employees similarly situated. ( C) Fees and costs.--The court in such an action shall, in addition to any judgment awarded to the plaintiff, allow a reasonable attorney's fee, reasonable expert witness fees, and other costs of the action to be paid by the defendant. (b) Confidentiality Agreements and Settlements.-- (1) Rule of construction.--Nothing in this Act shall be construed to interfere with the right of an employee to enter into a confidentiality agreement with the employee's employer with respect to a claim of discrimination based on race, color, national origin, religion, sex (including pregnancy, sexual orientation, gender identity), age (40 or older), disability, genetic information (including family medical history), or any combination of such factors, the investigation of such a claim, or the out-of-court settlement of such a claim. ( 2) Limitations on agreements.-- (A) An employer may not use a confidentiality agreement described in paragraph (1) as a basis for not submitting the information required by section 2. ( GAO STUDY AND REPORT.

To require annual reporting by employers to the Equal Employment Opportunity Commission of the number of settlements of employee claims of discrimination based on race, color, national origin, religion, sex (including pregnancy, sexual orientation, or gender identity), age (40 or older), disability, genetic information (including family medical history), or any combination of such factors, and for other purposes. 3) An analysis of the Commission's charge data between 2012 and 2016 shows that many individuals experience multiple bases of harassment. For example, 1 in 17 women who filed sexual harassment charges during this period experienced racialized sexual harassment, or harassment based not only on their sex but also their race. 5) Prevalence of harassment in the workplace causes substantial financial harm to victims, as they often try to avoid the harassing behavior by taking leave without pay or leaving the workplace entirely, resulting in a loss of wages. 2) Settlements relating to harassment based on religion. ( (6) Settlements relating to harassment based on genetic information (including family medical history). ( 7) Settlements relating to harassment based on any combination of the harassment described in paragraphs (1) through (6). ( (C) Fees and costs.--The court in such an action shall, in addition to any judgment awarded to the plaintiff, allow a reasonable attorney's fee, reasonable expert witness fees, and other costs of the action to be paid by the defendant. ( b) Confidentiality Agreements and Settlements.-- (1) Rule of construction.--Nothing in this Act shall be construed to interfere with the right of an employee to enter into a confidentiality agreement with the employee's employer with respect to a claim of discrimination based on race, color, national origin, religion, sex (including pregnancy, sexual orientation, gender identity), age (40 or older), disability, genetic information (including family medical history), or any combination of such factors, the investigation of such a claim, or the out-of-court settlement of such a claim. ( GAO STUDY AND REPORT.

To require annual reporting by employers to the Equal Employment Opportunity Commission of the number of settlements of employee claims of discrimination based on race, color, national origin, religion, sex (including pregnancy, sexual orientation, or gender identity), age (40 or older), disability, genetic information (including family medical history), or any combination of such factors, and for other purposes. 2) In fiscal year 2020, the Equal Employment Opportunity Commission (in this Act referred to as the ``Commission'') received 67,448 charges of workplace discrimination. This was followed by disability with 24,324 charges (36.1 percent), race with 22,064 charges (32.7 percent), sex with 21,398 charges (31.7 percent), age with 14,183 charges (21.0 percent), national origin with 6,377 charges (9.5 percent), color with 3,562 charges (5.3 percent), religion with 2,404 charges (3.6 percent), and genetic information with 440 charges (0.7 percent). ( In addition, over 35 percent of women also alleged retaliation. ( (5) Prevalence of harassment in the workplace causes substantial financial harm to victims, as they often try to avoid the harassing behavior by taking leave without pay or leaving the workplace entirely, resulting in a loss of wages. 2) Settlements relating to harassment based on religion. ( (6) Settlements relating to harassment based on genetic information (including family medical history). ( a) Protection From Retaliation.-- (1) Conduct prohibited.--An employer may not terminate any employee nor discriminate against any such employee with regards to terms and conditions of employment because such employee-- (A) inquires about an employer's meeting of the requirements of this Act; or (B) complains about an employer's failure to meet the requirements of this Act. B) Right of action.--An action to recover the damages or equitable relief prescribed in subparagraph (A) may be maintained against any employer in any Federal or State court of competent jurisdiction by any one or more employees for and on behalf of-- (i) the employee or employees; or (ii) the employees and other employees similarly situated. ( C) Fees and costs.--The court in such an action shall, in addition to any judgment awarded to the plaintiff, allow a reasonable attorney's fee, reasonable expert witness fees, and other costs of the action to be paid by the defendant. (b) Confidentiality Agreements and Settlements.-- (1) Rule of construction.--Nothing in this Act shall be construed to interfere with the right of an employee to enter into a confidentiality agreement with the employee's employer with respect to a claim of discrimination based on race, color, national origin, religion, sex (including pregnancy, sexual orientation, gender identity), age (40 or older), disability, genetic information (including family medical history), or any combination of such factors, the investigation of such a claim, or the out-of-court settlement of such a claim. ( 2) Limitations on agreements.-- (A) An employer may not use a confidentiality agreement described in paragraph (1) as a basis for not submitting the information required by section 2. ( GAO STUDY AND REPORT.

To require annual reporting by employers to the Equal Employment Opportunity Commission of the number of settlements of employee claims of discrimination based on race, color, national origin, religion, sex (including pregnancy, sexual orientation, or gender identity), age (40 or older), disability, genetic information (including family medical history), or any combination of such factors, and for other purposes. 3) An analysis of the Commission's charge data between 2012 and 2016 shows that many individuals experience multiple bases of harassment. For example, 1 in 17 women who filed sexual harassment charges during this period experienced racialized sexual harassment, or harassment based not only on their sex but also their race. 5) Prevalence of harassment in the workplace causes substantial financial harm to victims, as they often try to avoid the harassing behavior by taking leave without pay or leaving the workplace entirely, resulting in a loss of wages. 2) Settlements relating to harassment based on religion. ( (6) Settlements relating to harassment based on genetic information (including family medical history). ( 7) Settlements relating to harassment based on any combination of the harassment described in paragraphs (1) through (6). ( (C) Fees and costs.--The court in such an action shall, in addition to any judgment awarded to the plaintiff, allow a reasonable attorney's fee, reasonable expert witness fees, and other costs of the action to be paid by the defendant. ( b) Confidentiality Agreements and Settlements.-- (1) Rule of construction.--Nothing in this Act shall be construed to interfere with the right of an employee to enter into a confidentiality agreement with the employee's employer with respect to a claim of discrimination based on race, color, national origin, religion, sex (including pregnancy, sexual orientation, gender identity), age (40 or older), disability, genetic information (including family medical history), or any combination of such factors, the investigation of such a claim, or the out-of-court settlement of such a claim. ( GAO STUDY AND REPORT.

To require annual reporting by employers to the Equal Employment Opportunity Commission of the number of settlements of employee claims of discrimination based on race, color, national origin, religion, sex (including pregnancy, sexual orientation, or gender identity), age (40 or older), disability, genetic information (including family medical history), or any combination of such factors, and for other purposes. 2) In fiscal year 2020, the Equal Employment Opportunity Commission (in this Act referred to as the ``Commission'') received 67,448 charges of workplace discrimination. ( a) Protection From Retaliation.-- (1) Conduct prohibited.--An employer may not terminate any employee nor discriminate against any such employee with regards to terms and conditions of employment because such employee-- (A) inquires about an employer's meeting of the requirements of this Act; or (B) complains about an employer's failure to meet the requirements of this Act. B) Right of action.--An action to recover the damages or equitable relief prescribed in subparagraph (A) may be maintained against any employer in any Federal or State court of competent jurisdiction by any one or more employees for and on behalf of-- (i) the employee or employees; or (ii) the employees and other employees similarly situated. ( ( 2) Limitations on agreements.-- (A) An employer may not use a confidentiality agreement described in paragraph (1) as a basis for not submitting the information required by section 2. ( GAO STUDY AND REPORT.

To require annual reporting by employers to the Equal Employment Opportunity Commission of the number of settlements of employee claims of discrimination based on race, color, national origin, religion, sex (including pregnancy, sexual orientation, or gender identity), age (40 or older), disability, genetic information (including family medical history), or any combination of such factors, and for other purposes. 3) An analysis of the Commission's charge data between 2012 and 2016 shows that many individuals experience multiple bases of harassment. For example, 1 in 17 women who filed sexual harassment charges during this period experienced racialized sexual harassment, or harassment based not only on their sex but also their race. 5) Prevalence of harassment in the workplace causes substantial financial harm to victims, as they often try to avoid the harassing behavior by taking leave without pay or leaving the workplace entirely, resulting in a loss of wages. 2) Settlements relating to harassment based on religion. ( (6) Settlements relating to harassment based on genetic information (including family medical history). ( 7) Settlements relating to harassment based on any combination of the harassment described in paragraphs (1) through (6). ( (C) Fees and costs.--The court in such an action shall, in addition to any judgment awarded to the plaintiff, allow a reasonable attorney's fee, reasonable expert witness fees, and other costs of the action to be paid by the defendant. ( b) Confidentiality Agreements and Settlements.-- (1) Rule of construction.--Nothing in this Act shall be construed to interfere with the right of an employee to enter into a confidentiality agreement with the employee's employer with respect to a claim of discrimination based on race, color, national origin, religion, sex (including pregnancy, sexual orientation, gender identity), age (40 or older), disability, genetic information (including family medical history), or any combination of such factors, the investigation of such a claim, or the out-of-court settlement of such a claim. ( GAO STUDY AND REPORT.

To require annual reporting by employers to the Equal Employment Opportunity Commission of the number of settlements of employee claims of discrimination based on race, color, national origin, religion, sex (including pregnancy, sexual orientation, or gender identity), age (40 or older), disability, genetic information (including family medical history), or any combination of such factors, and for other purposes. 2) In fiscal year 2020, the Equal Employment Opportunity Commission (in this Act referred to as the ``Commission'') received 67,448 charges of workplace discrimination. ( a) Protection From Retaliation.-- (1) Conduct prohibited.--An employer may not terminate any employee nor discriminate against any such employee with regards to terms and conditions of employment because such employee-- (A) inquires about an employer's meeting of the requirements of this Act; or (B) complains about an employer's failure to meet the requirements of this Act. B) Right of action.--An action to recover the damages or equitable relief prescribed in subparagraph (A) may be maintained against any employer in any Federal or State court of competent jurisdiction by any one or more employees for and on behalf of-- (i) the employee or employees; or (ii) the employees and other employees similarly situated. ( ( 2) Limitations on agreements.-- (A) An employer may not use a confidentiality agreement described in paragraph (1) as a basis for not submitting the information required by section 2. ( GAO STUDY AND REPORT.

Ending Secrecy About Workplace Harassment Act This bill requires every employer required to submit to the Equal Employment Opportunity Commission (EEO) an Employer Information Report EEO-1 to submit annually a separate report that specifies the total number of settlements reached by the employer with employees involving workplace harassment and the number of such settlements in each of the following categories: (1) settlements relating Directs the Comptroller General to conduct a comprehensive study of claims of discrimination based on race, color, national origin, religion, sex (including pregnancy, sexual orientation, or gender identity), age (40 or older), disability, genetic information, and any combination of such factors. Requires the Comptptroller General, one year after enactment of this Act, to report to Congress on the

S.4723

Health

Let Doctors Provide Reproductive Health Care Act This bill sets out protections for and establishes programs to support health care providers (and those who assist such providers) who offer reproductive health care services that are lawful in the state where the services are provided. Reproductive health care services refer to abortion services; contraceptive services; in vitro fertilization; or other reproductive care, education, and counseling that is provided (1) at a health care site or via telehealth, and (2) in a medically accurate manner. The bill prohibits individuals, entities, and states from preventing, restricting, or otherwise interfering with the provision of lawful reproductive health care services by health care providers. The Department of Justice, individuals, or providers may bring a lawsuit to enforce this bill, and states are not immune from suits for violations. Furthermore, states may not use federal funds to pursue legal cases or similar proceedings (e.g., adverse licensing proceedings) against health care providers, individuals, or entities that offer or assist with lawful reproductive health care services. Additionally, medical malpractice insurers may not deny coverage to or sue a health care provider because the provider offers or assists with lawful reproductive health care services. The bill also funds grants to assist health care providers who offer or refer for abortion services and face legal issues relating to their provision of reproductive health care services with legal matters and improving security.

To ensure the right to provide reproductive health care services, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Let Doctors Provide Reproductive Health Care Act''. SEC. 2. DEFINITIONS. In this Act: (1) Health care provider.--The term ``health care provider'' means any entity, employee of such entity, or individual (including any physician, certified nurse-midwife, nurse practitioner, and physician assistant) that-- (A) is engaged or seeks to engage in the delivery of reproductive health care services; and (B) if required by State law to be licensed, certified, or otherwise authorized to engage in the delivery of such services-- (i) is so licensed, certified, or otherwise authorized; or (ii) would be so licensed, certified, or otherwise authorized, but for their past, present, or potential provision of abortion services. (2) Reproductive health care services.--The term ``reproductive health care services'' means abortion services, contraception services, in vitro fertilization, or other reproductive care, education, and counseling that-- (A) is provided in a hospital, clinic, physician's office, or other service site, or provided via telehealth, intended to provide medical, procedural, counseling, or referral services; (B) is provided in a medically accurate manner; and (C) in any way affects commerce over which the United States has jurisdiction. (3) State.--The term ``State'' means each of the 50 States, the District of Columbia, Puerto Rico, each territory and possession of the United States, and any subdivision of a State, including any unit of local government, such as a county, city, town, village, or other general purpose political subdivision of a State. SEC. 3. RIGHT TO PROVIDE REPRODUCTIVE HEALTH CARE SERVICES. (a) Prohibition.--No individual, entity, or State may prevent, restrict, impede, or disadvantage-- (1) a health care provider from providing or assisting with reproductive health care services lawful in the State in which the services are to be provided; (2) any individual or entity from assisting a health care provider in providing or assisting with reproductive health care services lawful in the State in which services are to be provided; or (3) a health care provider or any individual or entity from providing or assisting a health care provider with reproductive health care services for an individual who does not reside in the State in which the services are to be provided. (b) Enforcement.-- (1) Attorney general.--The Attorney General may commence a civil action on behalf of the United States against any State, or against any government official, individual, or entity that enacts, implements, or enforces a limitation or requirement that violates subsection (a). The court shall hold unlawful and set aside the limitation or requirement if it is in violation of subsection (a). (2) Private right of action.--Any individual or entity adversely affected by an alleged violation of subsection (a) may commence a civil action against any State that violates this section or against any government official that enacts, implements, or enforces a limitation or requirement that violates subsection (a). The court shall hold unlawful and enjoin the limitation or requirement if it is in violation of subsection (a). (3) Health care provider.--A health care provider may commence an action for relief on its own behalf, on behalf of the provider's staff, and on behalf of the provider's patients who are or may be adversely affected by an alleged violation of subsection (a). (4) Equitable relief.--In any action under this section, the court may award appropriate equitable relief, including temporary, preliminary, or permanent injunctive relief. (5) Costs.--In any action under this section, the court shall award costs of litigation, as well as reasonable attorney's fees, to any prevailing plaintiff. A plaintiff shall not be liable to a defendant for costs or attorney's fees in any nonfrivolous action under this section. (6) Jurisdiction.--The district courts of the United States shall have jurisdiction over proceedings under this section and shall exercise the same without regard to whether the party aggrieved shall have exhausted any administrative or other remedies that may be provided for by law. (7) Abrogation of state immunity.--Neither a State that enforces or maintains, nor a government official who is permitted to implement or enforce, any limitation or requirement that violates subsection (a) shall be immune under the Tenth Amendment to the Constitution of the United States, the Eleventh Amendment to the Constitution of the United States, or any other source of law, from an action in a Federal or State court of competent jurisdiction challenging that limitation or requirement. (8) Right to remove.--Any party shall have a right to remove an action brought under this subsection to the district court of the United States for the district and division embracing the place where such action is pending. An order remanding the case to the State court from which it was removed under this paragraph may be immediately reviewable by appeal or otherwise. (c) Rules of Construction.-- (1) In general.--Nothing in this section shall be construed to modify, supersede, or otherwise affect the authority of any executive branch agency to promulgate regulations or otherwise implement laws. (2) Other individuals considered as government officials.-- Any person who, by operation of a provision of Federal or State law, is permitted to implement or enforce a limitation or requirement that violates this section shall be considered a government official for purposes of this Act. SEC. 4. PROHIBITION ON THE USE OF FEDERAL FUNDS. Notwithstanding any other provision of law, no Federal funds may be used by a State, including through a grant, contract, or cooperative agreement, to pursue legal cases against residents or other individuals or entities, or to take any other enforcement, disciplinary, or adverse licensing proceeding on the basis of such residents or other individuals or entities providing or assisting with reproductive health care services that are lawful in the State in which the services are provided. SEC. 5. REPRODUCTIVE HEALTH CARE LEGAL SERVICES DEFENSE FUND GRANTS. (a) Definitions.--In this section: (1) Eligible entity.--The term ``eligible entity'' means an individual, partnership, firm, corporation, or nonprofit organization that has a specific expertise in providing legal assistance and is licensed to practice law. (2) Eligible provider.--The term ``eligible provider'' means a health care provider that-- (A) provides or refers for abortion care services; and (B) faces legal issues relating to providing or assisting with reproductive health care services. (b) Funding.--There is appropriated to the Attorney General, out of amounts in the Treasury not otherwise appropriated, $40,000,000, to remain available until expended, for purposes of awarding grants to eligible entities or consortia of eligible entities to provide legal assistance to eligible providers. (c) Application.-- (1) In general.--An eligible entity desiring a grant under this section shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General may require. (2) Joint applications.--Multiple eligible entities may submit a joint application that designates a single eligible entity as the lead entity for the purposes of receiving and disbursing funds received through a grant under this section. (d) Use of Funds.--An eligible entity may use amounts received under a grant under this section-- (1) to provide advice, legal services, or representation to eligible providers, related to providing or assisting with reproductive health care services under Federal, State, and local law; (2) to educate eligible providers about the rights and obligations of the eligible provider related to providing or assisting with reproductive health care services under Federal, State, and local law; (3) to monitor compliance by a State with Federal, State, and local laws related to providing or assisting with reproductive health care services; and (4) for any other activity the Attorney General may reasonably prescribe that is related to providing or assisting with reproductive health care services under Federal, State, and local law. SEC. 6. REPRODUCTIVE HEALTH CARE SERVICES SECURITY GRANTS. (a) In General.--There is appropriated to the Secretary of Health and Human Services (referred to in this section as the ``Secretary''), out of amounts in the Treasury not otherwise appropriated, $40,000,000, for purposes of awarding grants to eligible providers (as defined in section 5(a)(2)(A)) for enhanced security for staff and patients of such providers. (b) Application.--An eligible provider (as defined in section 5(a)) desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (c) Use of Funds.--A recipient of a grant under this section may use such grant funds for any of the following purposes: (1) Providing physical upgrades to health care facilities to improve security. (2) Providing training in security to health care staff. (3) Improving capabilities to defend against cyberattacks. (4) Ensuring patient and provider data security. (5) Providing protective services to staff and patients. (6) Any other activity, as the Secretary determines appropriate. SEC. 7. FAIR LIABILITY INSURANCE. An issuer of professional liability coverage for health care providers shall not-- (1) deny a health care provider professional liability coverage because that provider offers, supports, provides, or prescribes lawful reproductive health care services; or (2) sue a health care provider because that provider provides lawful reproductive health care services. SEC. 8. SEVERABILITY. If any provision of this Act, or the application of such provision to any person, entity, government, or circumstance, is held to be unconstitutional, the remainder of this Act, or the application of such provision to all other persons, entities, governments, or circumstances, shall not be affected thereby. <all>

Let Doctors Provide Reproductive Health Care Act

A bill to ensure the right to provide reproductive health care services, and for other purposes.

Let Doctors Provide Reproductive Health Care Act

Sen. Murray, Patty

D

WA

This bill sets out protections for and establishes programs to support health care providers (and those who assist such providers) who offer reproductive health care services that are lawful in the state where the services are provided. Reproductive health care services refer to abortion services; contraceptive services; in vitro fertilization; or other reproductive care, education, and counseling that is provided (1) at a health care site or via telehealth, and (2) in a medically accurate manner. The bill prohibits individuals, entities, and states from preventing, restricting, or otherwise interfering with the provision of lawful reproductive health care services by health care providers. The Department of Justice, individuals, or providers may bring a lawsuit to enforce this bill, and states are not immune from suits for violations. Furthermore, states may not use federal funds to pursue legal cases or similar proceedings (e.g., adverse licensing proceedings) against health care providers, individuals, or entities that offer or assist with lawful reproductive health care services. Additionally, medical malpractice insurers may not deny coverage to or sue a health care provider because the provider offers or assists with lawful reproductive health care services. The bill also funds grants to assist health care providers who offer or refer for abortion services and face legal issues relating to their provision of reproductive health care services with legal matters and improving security.

To ensure the right to provide reproductive health care services, and for other purposes. 2. DEFINITIONS. In this Act: (1) Health care provider.--The term ``health care provider'' means any entity, employee of such entity, or individual (including any physician, certified nurse-midwife, nurse practitioner, and physician assistant) that-- (A) is engaged or seeks to engage in the delivery of reproductive health care services; and (B) if required by State law to be licensed, certified, or otherwise authorized to engage in the delivery of such services-- (i) is so licensed, certified, or otherwise authorized; or (ii) would be so licensed, certified, or otherwise authorized, but for their past, present, or potential provision of abortion services. 3. (b) Enforcement.-- (1) Attorney general.--The Attorney General may commence a civil action on behalf of the United States against any State, or against any government official, individual, or entity that enacts, implements, or enforces a limitation or requirement that violates subsection (a). The court shall hold unlawful and enjoin the limitation or requirement if it is in violation of subsection (a). (4) Equitable relief.--In any action under this section, the court may award appropriate equitable relief, including temporary, preliminary, or permanent injunctive relief. (6) Jurisdiction.--The district courts of the United States shall have jurisdiction over proceedings under this section and shall exercise the same without regard to whether the party aggrieved shall have exhausted any administrative or other remedies that may be provided for by law. 4. PROHIBITION ON THE USE OF FEDERAL FUNDS. (b) Funding.--There is appropriated to the Attorney General, out of amounts in the Treasury not otherwise appropriated, $40,000,000, to remain available until expended, for purposes of awarding grants to eligible entities or consortia of eligible entities to provide legal assistance to eligible providers. (d) Use of Funds.--An eligible entity may use amounts received under a grant under this section-- (1) to provide advice, legal services, or representation to eligible providers, related to providing or assisting with reproductive health care services under Federal, State, and local law; (2) to educate eligible providers about the rights and obligations of the eligible provider related to providing or assisting with reproductive health care services under Federal, State, and local law; (3) to monitor compliance by a State with Federal, State, and local laws related to providing or assisting with reproductive health care services; and (4) for any other activity the Attorney General may reasonably prescribe that is related to providing or assisting with reproductive health care services under Federal, State, and local law. 6. REPRODUCTIVE HEALTH CARE SERVICES SECURITY GRANTS. (b) Application.--An eligible provider (as defined in section 5(a)) desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (5) Providing protective services to staff and patients. 7. FAIR LIABILITY INSURANCE. SEC. 8.

To ensure the right to provide reproductive health care services, and for other purposes. 2. DEFINITIONS. In this Act: (1) Health care provider.--The term ``health care provider'' means any entity, employee of such entity, or individual (including any physician, certified nurse-midwife, nurse practitioner, and physician assistant) that-- (A) is engaged or seeks to engage in the delivery of reproductive health care services; and (B) if required by State law to be licensed, certified, or otherwise authorized to engage in the delivery of such services-- (i) is so licensed, certified, or otherwise authorized; or (ii) would be so licensed, certified, or otherwise authorized, but for their past, present, or potential provision of abortion services. 3. (b) Enforcement.-- (1) Attorney general.--The Attorney General may commence a civil action on behalf of the United States against any State, or against any government official, individual, or entity that enacts, implements, or enforces a limitation or requirement that violates subsection (a). The court shall hold unlawful and enjoin the limitation or requirement if it is in violation of subsection (a). (4) Equitable relief.--In any action under this section, the court may award appropriate equitable relief, including temporary, preliminary, or permanent injunctive relief. (6) Jurisdiction.--The district courts of the United States shall have jurisdiction over proceedings under this section and shall exercise the same without regard to whether the party aggrieved shall have exhausted any administrative or other remedies that may be provided for by law. 4. PROHIBITION ON THE USE OF FEDERAL FUNDS. (b) Funding.--There is appropriated to the Attorney General, out of amounts in the Treasury not otherwise appropriated, $40,000,000, to remain available until expended, for purposes of awarding grants to eligible entities or consortia of eligible entities to provide legal assistance to eligible providers. 6. REPRODUCTIVE HEALTH CARE SERVICES SECURITY GRANTS. (b) Application.--An eligible provider (as defined in section 5(a)) desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (5) Providing protective services to staff and patients. 7. FAIR LIABILITY INSURANCE. SEC. 8.

To ensure the right to provide reproductive health care services, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. DEFINITIONS. In this Act: (1) Health care provider.--The term ``health care provider'' means any entity, employee of such entity, or individual (including any physician, certified nurse-midwife, nurse practitioner, and physician assistant) that-- (A) is engaged or seeks to engage in the delivery of reproductive health care services; and (B) if required by State law to be licensed, certified, or otherwise authorized to engage in the delivery of such services-- (i) is so licensed, certified, or otherwise authorized; or (ii) would be so licensed, certified, or otherwise authorized, but for their past, present, or potential provision of abortion services. 3. (b) Enforcement.-- (1) Attorney general.--The Attorney General may commence a civil action on behalf of the United States against any State, or against any government official, individual, or entity that enacts, implements, or enforces a limitation or requirement that violates subsection (a). The court shall hold unlawful and enjoin the limitation or requirement if it is in violation of subsection (a). (4) Equitable relief.--In any action under this section, the court may award appropriate equitable relief, including temporary, preliminary, or permanent injunctive relief. A plaintiff shall not be liable to a defendant for costs or attorney's fees in any nonfrivolous action under this section. (6) Jurisdiction.--The district courts of the United States shall have jurisdiction over proceedings under this section and shall exercise the same without regard to whether the party aggrieved shall have exhausted any administrative or other remedies that may be provided for by law. An order remanding the case to the State court from which it was removed under this paragraph may be immediately reviewable by appeal or otherwise. (c) Rules of Construction.-- (1) In general.--Nothing in this section shall be construed to modify, supersede, or otherwise affect the authority of any executive branch agency to promulgate regulations or otherwise implement laws. 4. PROHIBITION ON THE USE OF FEDERAL FUNDS. (b) Funding.--There is appropriated to the Attorney General, out of amounts in the Treasury not otherwise appropriated, $40,000,000, to remain available until expended, for purposes of awarding grants to eligible entities or consortia of eligible entities to provide legal assistance to eligible providers. (d) Use of Funds.--An eligible entity may use amounts received under a grant under this section-- (1) to provide advice, legal services, or representation to eligible providers, related to providing or assisting with reproductive health care services under Federal, State, and local law; (2) to educate eligible providers about the rights and obligations of the eligible provider related to providing or assisting with reproductive health care services under Federal, State, and local law; (3) to monitor compliance by a State with Federal, State, and local laws related to providing or assisting with reproductive health care services; and (4) for any other activity the Attorney General may reasonably prescribe that is related to providing or assisting with reproductive health care services under Federal, State, and local law. 6. REPRODUCTIVE HEALTH CARE SERVICES SECURITY GRANTS. (b) Application.--An eligible provider (as defined in section 5(a)) desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (3) Improving capabilities to defend against cyberattacks. (5) Providing protective services to staff and patients. 7. FAIR LIABILITY INSURANCE. An issuer of professional liability coverage for health care providers shall not-- (1) deny a health care provider professional liability coverage because that provider offers, supports, provides, or prescribes lawful reproductive health care services; or (2) sue a health care provider because that provider provides lawful reproductive health care services. SEC. 8. SEVERABILITY. If any provision of this Act, or the application of such provision to any person, entity, government, or circumstance, is held to be unconstitutional, the remainder of this Act, or the application of such provision to all other persons, entities, governments, or circumstances, shall not be affected thereby.

To ensure the right to provide reproductive health care services, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. DEFINITIONS. In this Act: (1) Health care provider.--The term ``health care provider'' means any entity, employee of such entity, or individual (including any physician, certified nurse-midwife, nurse practitioner, and physician assistant) that-- (A) is engaged or seeks to engage in the delivery of reproductive health care services; and (B) if required by State law to be licensed, certified, or otherwise authorized to engage in the delivery of such services-- (i) is so licensed, certified, or otherwise authorized; or (ii) would be so licensed, certified, or otherwise authorized, but for their past, present, or potential provision of abortion services. (2) Reproductive health care services.--The term ``reproductive health care services'' means abortion services, contraception services, in vitro fertilization, or other reproductive care, education, and counseling that-- (A) is provided in a hospital, clinic, physician's office, or other service site, or provided via telehealth, intended to provide medical, procedural, counseling, or referral services; (B) is provided in a medically accurate manner; and (C) in any way affects commerce over which the United States has jurisdiction. (3) State.--The term ``State'' means each of the 50 States, the District of Columbia, Puerto Rico, each territory and possession of the United States, and any subdivision of a State, including any unit of local government, such as a county, city, town, village, or other general purpose political subdivision of a State. 3. (b) Enforcement.-- (1) Attorney general.--The Attorney General may commence a civil action on behalf of the United States against any State, or against any government official, individual, or entity that enacts, implements, or enforces a limitation or requirement that violates subsection (a). The court shall hold unlawful and enjoin the limitation or requirement if it is in violation of subsection (a). (4) Equitable relief.--In any action under this section, the court may award appropriate equitable relief, including temporary, preliminary, or permanent injunctive relief. A plaintiff shall not be liable to a defendant for costs or attorney's fees in any nonfrivolous action under this section. (6) Jurisdiction.--The district courts of the United States shall have jurisdiction over proceedings under this section and shall exercise the same without regard to whether the party aggrieved shall have exhausted any administrative or other remedies that may be provided for by law. (7) Abrogation of state immunity.--Neither a State that enforces or maintains, nor a government official who is permitted to implement or enforce, any limitation or requirement that violates subsection (a) shall be immune under the Tenth Amendment to the Constitution of the United States, the Eleventh Amendment to the Constitution of the United States, or any other source of law, from an action in a Federal or State court of competent jurisdiction challenging that limitation or requirement. (8) Right to remove.--Any party shall have a right to remove an action brought under this subsection to the district court of the United States for the district and division embracing the place where such action is pending. An order remanding the case to the State court from which it was removed under this paragraph may be immediately reviewable by appeal or otherwise. (c) Rules of Construction.-- (1) In general.--Nothing in this section shall be construed to modify, supersede, or otherwise affect the authority of any executive branch agency to promulgate regulations or otherwise implement laws. 4. PROHIBITION ON THE USE OF FEDERAL FUNDS. (b) Funding.--There is appropriated to the Attorney General, out of amounts in the Treasury not otherwise appropriated, $40,000,000, to remain available until expended, for purposes of awarding grants to eligible entities or consortia of eligible entities to provide legal assistance to eligible providers. (2) Joint applications.--Multiple eligible entities may submit a joint application that designates a single eligible entity as the lead entity for the purposes of receiving and disbursing funds received through a grant under this section. (d) Use of Funds.--An eligible entity may use amounts received under a grant under this section-- (1) to provide advice, legal services, or representation to eligible providers, related to providing or assisting with reproductive health care services under Federal, State, and local law; (2) to educate eligible providers about the rights and obligations of the eligible provider related to providing or assisting with reproductive health care services under Federal, State, and local law; (3) to monitor compliance by a State with Federal, State, and local laws related to providing or assisting with reproductive health care services; and (4) for any other activity the Attorney General may reasonably prescribe that is related to providing or assisting with reproductive health care services under Federal, State, and local law. 6. REPRODUCTIVE HEALTH CARE SERVICES SECURITY GRANTS. (b) Application.--An eligible provider (as defined in section 5(a)) desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (3) Improving capabilities to defend against cyberattacks. (5) Providing protective services to staff and patients. 7. FAIR LIABILITY INSURANCE. An issuer of professional liability coverage for health care providers shall not-- (1) deny a health care provider professional liability coverage because that provider offers, supports, provides, or prescribes lawful reproductive health care services; or (2) sue a health care provider because that provider provides lawful reproductive health care services. SEC. 8. SEVERABILITY. If any provision of this Act, or the application of such provision to any person, entity, government, or circumstance, is held to be unconstitutional, the remainder of this Act, or the application of such provision to all other persons, entities, governments, or circumstances, shall not be affected thereby.

To ensure the right to provide reproductive health care services, and for other purposes. 2) Reproductive health care services.--The term ``reproductive health care services'' means abortion services, contraception services, in vitro fertilization, or other reproductive care, education, and counseling that-- (A) is provided in a hospital, clinic, physician's office, or other service site, or provided via telehealth, intended to provide medical, procedural, counseling, or referral services; (B) is provided in a medically accurate manner; and (C) in any way affects commerce over which the United States has jurisdiction. (3) State.--The term ``State'' means each of the 50 States, the District of Columbia, Puerto Rico, each territory and possession of the United States, and any subdivision of a State, including any unit of local government, such as a county, city, town, village, or other general purpose political subdivision of a State. b) Enforcement.-- (1) Attorney general.--The Attorney General may commence a civil action on behalf of the United States against any State, or against any government official, individual, or entity that enacts, implements, or enforces a limitation or requirement that violates subsection (a). (2) Private right of action.--Any individual or entity adversely affected by an alleged violation of subsection (a) may commence a civil action against any State that violates this section or against any government official that enacts, implements, or enforces a limitation or requirement that violates subsection (a). 4) Equitable relief.--In any action under this section, the court may award appropriate equitable relief, including temporary, preliminary, or permanent injunctive relief. ( (7) Abrogation of state immunity.--Neither a State that enforces or maintains, nor a government official who is permitted to implement or enforce, any limitation or requirement that violates subsection (a) shall be immune under the Tenth Amendment to the Constitution of the United States, the Eleventh Amendment to the Constitution of the United States, or any other source of law, from an action in a Federal or State court of competent jurisdiction challenging that limitation or requirement. ( c) Rules of Construction.-- (1) In general.--Nothing in this section shall be construed to modify, supersede, or otherwise affect the authority of any executive branch agency to promulgate regulations or otherwise implement laws. ( Notwithstanding any other provision of law, no Federal funds may be used by a State, including through a grant, contract, or cooperative agreement, to pursue legal cases against residents or other individuals or entities, or to take any other enforcement, disciplinary, or adverse licensing proceeding on the basis of such residents or other individuals or entities providing or assisting with reproductive health care services that are lawful in the State in which the services are provided. 2) Eligible provider.--The term ``eligible provider'' means a health care provider that-- (A) provides or refers for abortion care services; and (B) faces legal issues relating to providing or assisting with reproductive health care services. ( (2) Joint applications.--Multiple eligible entities may submit a joint application that designates a single eligible entity as the lead entity for the purposes of receiving and disbursing funds received through a grant under this section. ( a) In General.--There is appropriated to the Secretary of Health and Human Services (referred to in this section as the ``Secretary''), out of amounts in the Treasury not otherwise appropriated, $40,000,000, for purposes of awarding grants to eligible providers (as defined in section 5(a)(2)(A)) for enhanced security for staff and patients of such providers. (b) Application.--An eligible provider (as defined in section 5(a)) desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ( 2) Providing training in security to health care staff. (

To ensure the right to provide reproductive health care services, and for other purposes. 2) Reproductive health care services.--The term ``reproductive health care services'' means abortion services, contraception services, in vitro fertilization, or other reproductive care, education, and counseling that-- (A) is provided in a hospital, clinic, physician's office, or other service site, or provided via telehealth, intended to provide medical, procedural, counseling, or referral services; (B) is provided in a medically accurate manner; and (C) in any way affects commerce over which the United States has jurisdiction. ( b) Enforcement.-- (1) Attorney general.--The Attorney General may commence a civil action on behalf of the United States against any State, or against any government official, individual, or entity that enacts, implements, or enforces a limitation or requirement that violates subsection (a). 4) Equitable relief.--In any action under this section, the court may award appropriate equitable relief, including temporary, preliminary, or permanent injunctive relief. ( (6) Jurisdiction.--The district courts of the United States shall have jurisdiction over proceedings under this section and shall exercise the same without regard to whether the party aggrieved shall have exhausted any administrative or other remedies that may be provided for by law. ( 7) Abrogation of state immunity.--Neither a State that enforces or maintains, nor a government official who is permitted to implement or enforce, any limitation or requirement that violates subsection (a) shall be immune under the Tenth Amendment to the Constitution of the United States, the Eleventh Amendment to the Constitution of the United States, or any other source of law, from an action in a Federal or State court of competent jurisdiction challenging that limitation or requirement. ( (a) Definitions.--In this section: (1) Eligible entity.--The term ``eligible entity'' means an individual, partnership, firm, corporation, or nonprofit organization that has a specific expertise in providing legal assistance and is licensed to practice law. ( 2) Joint applications.--Multiple eligible entities may submit a joint application that designates a single eligible entity as the lead entity for the purposes of receiving and disbursing funds received through a grant under this section. ( (a) In General.--There is appropriated to the Secretary of Health and Human Services (referred to in this section as the ``Secretary''), out of amounts in the Treasury not otherwise appropriated, $40,000,000, for purposes of awarding grants to eligible providers (as defined in section 5(a)(2)(A)) for enhanced security for staff and patients of such providers. ( b) Application.--An eligible provider (as defined in section 5(a)) desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ( 2) Providing training in security to health care staff. (

To ensure the right to provide reproductive health care services, and for other purposes. 2) Reproductive health care services.--The term ``reproductive health care services'' means abortion services, contraception services, in vitro fertilization, or other reproductive care, education, and counseling that-- (A) is provided in a hospital, clinic, physician's office, or other service site, or provided via telehealth, intended to provide medical, procedural, counseling, or referral services; (B) is provided in a medically accurate manner; and (C) in any way affects commerce over which the United States has jurisdiction. ( b) Enforcement.-- (1) Attorney general.--The Attorney General may commence a civil action on behalf of the United States against any State, or against any government official, individual, or entity that enacts, implements, or enforces a limitation or requirement that violates subsection (a). 4) Equitable relief.--In any action under this section, the court may award appropriate equitable relief, including temporary, preliminary, or permanent injunctive relief. ( (6) Jurisdiction.--The district courts of the United States shall have jurisdiction over proceedings under this section and shall exercise the same without regard to whether the party aggrieved shall have exhausted any administrative or other remedies that may be provided for by law. ( 7) Abrogation of state immunity.--Neither a State that enforces or maintains, nor a government official who is permitted to implement or enforce, any limitation or requirement that violates subsection (a) shall be immune under the Tenth Amendment to the Constitution of the United States, the Eleventh Amendment to the Constitution of the United States, or any other source of law, from an action in a Federal or State court of competent jurisdiction challenging that limitation or requirement. ( (a) Definitions.--In this section: (1) Eligible entity.--The term ``eligible entity'' means an individual, partnership, firm, corporation, or nonprofit organization that has a specific expertise in providing legal assistance and is licensed to practice law. ( 2) Joint applications.--Multiple eligible entities may submit a joint application that designates a single eligible entity as the lead entity for the purposes of receiving and disbursing funds received through a grant under this section. ( (a) In General.--There is appropriated to the Secretary of Health and Human Services (referred to in this section as the ``Secretary''), out of amounts in the Treasury not otherwise appropriated, $40,000,000, for purposes of awarding grants to eligible providers (as defined in section 5(a)(2)(A)) for enhanced security for staff and patients of such providers. ( b) Application.--An eligible provider (as defined in section 5(a)) desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ( 2) Providing training in security to health care staff. (

To ensure the right to provide reproductive health care services, and for other purposes. 2) Reproductive health care services.--The term ``reproductive health care services'' means abortion services, contraception services, in vitro fertilization, or other reproductive care, education, and counseling that-- (A) is provided in a hospital, clinic, physician's office, or other service site, or provided via telehealth, intended to provide medical, procedural, counseling, or referral services; (B) is provided in a medically accurate manner; and (C) in any way affects commerce over which the United States has jurisdiction. (3) State.--The term ``State'' means each of the 50 States, the District of Columbia, Puerto Rico, each territory and possession of the United States, and any subdivision of a State, including any unit of local government, such as a county, city, town, village, or other general purpose political subdivision of a State. b) Enforcement.-- (1) Attorney general.--The Attorney General may commence a civil action on behalf of the United States against any State, or against any government official, individual, or entity that enacts, implements, or enforces a limitation or requirement that violates subsection (a). (2) Private right of action.--Any individual or entity adversely affected by an alleged violation of subsection (a) may commence a civil action against any State that violates this section or against any government official that enacts, implements, or enforces a limitation or requirement that violates subsection (a). 4) Equitable relief.--In any action under this section, the court may award appropriate equitable relief, including temporary, preliminary, or permanent injunctive relief. ( (7) Abrogation of state immunity.--Neither a State that enforces or maintains, nor a government official who is permitted to implement or enforce, any limitation or requirement that violates subsection (a) shall be immune under the Tenth Amendment to the Constitution of the United States, the Eleventh Amendment to the Constitution of the United States, or any other source of law, from an action in a Federal or State court of competent jurisdiction challenging that limitation or requirement. ( c) Rules of Construction.-- (1) In general.--Nothing in this section shall be construed to modify, supersede, or otherwise affect the authority of any executive branch agency to promulgate regulations or otherwise implement laws. ( Notwithstanding any other provision of law, no Federal funds may be used by a State, including through a grant, contract, or cooperative agreement, to pursue legal cases against residents or other individuals or entities, or to take any other enforcement, disciplinary, or adverse licensing proceeding on the basis of such residents or other individuals or entities providing or assisting with reproductive health care services that are lawful in the State in which the services are provided. 2) Eligible provider.--The term ``eligible provider'' means a health care provider that-- (A) provides or refers for abortion care services; and (B) faces legal issues relating to providing or assisting with reproductive health care services. ( (2) Joint applications.--Multiple eligible entities may submit a joint application that designates a single eligible entity as the lead entity for the purposes of receiving and disbursing funds received through a grant under this section. ( a) In General.--There is appropriated to the Secretary of Health and Human Services (referred to in this section as the ``Secretary''), out of amounts in the Treasury not otherwise appropriated, $40,000,000, for purposes of awarding grants to eligible providers (as defined in section 5(a)(2)(A)) for enhanced security for staff and patients of such providers. (b) Application.--An eligible provider (as defined in section 5(a)) desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ( 2) Providing training in security to health care staff. (

To ensure the right to provide reproductive health care services, and for other purposes. 2) Reproductive health care services.--The term ``reproductive health care services'' means abortion services, contraception services, in vitro fertilization, or other reproductive care, education, and counseling that-- (A) is provided in a hospital, clinic, physician's office, or other service site, or provided via telehealth, intended to provide medical, procedural, counseling, or referral services; (B) is provided in a medically accurate manner; and (C) in any way affects commerce over which the United States has jurisdiction. ( b) Enforcement.-- (1) Attorney general.--The Attorney General may commence a civil action on behalf of the United States against any State, or against any government official, individual, or entity that enacts, implements, or enforces a limitation or requirement that violates subsection (a). 4) Equitable relief.--In any action under this section, the court may award appropriate equitable relief, including temporary, preliminary, or permanent injunctive relief. ( (6) Jurisdiction.--The district courts of the United States shall have jurisdiction over proceedings under this section and shall exercise the same without regard to whether the party aggrieved shall have exhausted any administrative or other remedies that may be provided for by law. ( 7) Abrogation of state immunity.--Neither a State that enforces or maintains, nor a government official who is permitted to implement or enforce, any limitation or requirement that violates subsection (a) shall be immune under the Tenth Amendment to the Constitution of the United States, the Eleventh Amendment to the Constitution of the United States, or any other source of law, from an action in a Federal or State court of competent jurisdiction challenging that limitation or requirement. ( (a) Definitions.--In this section: (1) Eligible entity.--The term ``eligible entity'' means an individual, partnership, firm, corporation, or nonprofit organization that has a specific expertise in providing legal assistance and is licensed to practice law. ( 2) Joint applications.--Multiple eligible entities may submit a joint application that designates a single eligible entity as the lead entity for the purposes of receiving and disbursing funds received through a grant under this section. ( (a) In General.--There is appropriated to the Secretary of Health and Human Services (referred to in this section as the ``Secretary''), out of amounts in the Treasury not otherwise appropriated, $40,000,000, for purposes of awarding grants to eligible providers (as defined in section 5(a)(2)(A)) for enhanced security for staff and patients of such providers. ( b) Application.--An eligible provider (as defined in section 5(a)) desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ( 2) Providing training in security to health care staff. (

To ensure the right to provide reproductive health care services, and for other purposes. 2) Reproductive health care services.--The term ``reproductive health care services'' means abortion services, contraception services, in vitro fertilization, or other reproductive care, education, and counseling that-- (A) is provided in a hospital, clinic, physician's office, or other service site, or provided via telehealth, intended to provide medical, procedural, counseling, or referral services; (B) is provided in a medically accurate manner; and (C) in any way affects commerce over which the United States has jurisdiction. (3) State.--The term ``State'' means each of the 50 States, the District of Columbia, Puerto Rico, each territory and possession of the United States, and any subdivision of a State, including any unit of local government, such as a county, city, town, village, or other general purpose political subdivision of a State. b) Enforcement.-- (1) Attorney general.--The Attorney General may commence a civil action on behalf of the United States against any State, or against any government official, individual, or entity that enacts, implements, or enforces a limitation or requirement that violates subsection (a). (2) Private right of action.--Any individual or entity adversely affected by an alleged violation of subsection (a) may commence a civil action against any State that violates this section or against any government official that enacts, implements, or enforces a limitation or requirement that violates subsection (a). 4) Equitable relief.--In any action under this section, the court may award appropriate equitable relief, including temporary, preliminary, or permanent injunctive relief. ( (7) Abrogation of state immunity.--Neither a State that enforces or maintains, nor a government official who is permitted to implement or enforce, any limitation or requirement that violates subsection (a) shall be immune under the Tenth Amendment to the Constitution of the United States, the Eleventh Amendment to the Constitution of the United States, or any other source of law, from an action in a Federal or State court of competent jurisdiction challenging that limitation or requirement. ( c) Rules of Construction.-- (1) In general.--Nothing in this section shall be construed to modify, supersede, or otherwise affect the authority of any executive branch agency to promulgate regulations or otherwise implement laws. ( Notwithstanding any other provision of law, no Federal funds may be used by a State, including through a grant, contract, or cooperative agreement, to pursue legal cases against residents or other individuals or entities, or to take any other enforcement, disciplinary, or adverse licensing proceeding on the basis of such residents or other individuals or entities providing or assisting with reproductive health care services that are lawful in the State in which the services are provided. 2) Eligible provider.--The term ``eligible provider'' means a health care provider that-- (A) provides or refers for abortion care services; and (B) faces legal issues relating to providing or assisting with reproductive health care services. ( (2) Joint applications.--Multiple eligible entities may submit a joint application that designates a single eligible entity as the lead entity for the purposes of receiving and disbursing funds received through a grant under this section. ( a) In General.--There is appropriated to the Secretary of Health and Human Services (referred to in this section as the ``Secretary''), out of amounts in the Treasury not otherwise appropriated, $40,000,000, for purposes of awarding grants to eligible providers (as defined in section 5(a)(2)(A)) for enhanced security for staff and patients of such providers. (b) Application.--An eligible provider (as defined in section 5(a)) desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ( 2) Providing training in security to health care staff. (

To ensure the right to provide reproductive health care services, and for other purposes. 2) Reproductive health care services.--The term ``reproductive health care services'' means abortion services, contraception services, in vitro fertilization, or other reproductive care, education, and counseling that-- (A) is provided in a hospital, clinic, physician's office, or other service site, or provided via telehealth, intended to provide medical, procedural, counseling, or referral services; (B) is provided in a medically accurate manner; and (C) in any way affects commerce over which the United States has jurisdiction. ( b) Enforcement.-- (1) Attorney general.--The Attorney General may commence a civil action on behalf of the United States against any State, or against any government official, individual, or entity that enacts, implements, or enforces a limitation or requirement that violates subsection (a). 4) Equitable relief.--In any action under this section, the court may award appropriate equitable relief, including temporary, preliminary, or permanent injunctive relief. ( (6) Jurisdiction.--The district courts of the United States shall have jurisdiction over proceedings under this section and shall exercise the same without regard to whether the party aggrieved shall have exhausted any administrative or other remedies that may be provided for by law. ( 7) Abrogation of state immunity.--Neither a State that enforces or maintains, nor a government official who is permitted to implement or enforce, any limitation or requirement that violates subsection (a) shall be immune under the Tenth Amendment to the Constitution of the United States, the Eleventh Amendment to the Constitution of the United States, or any other source of law, from an action in a Federal or State court of competent jurisdiction challenging that limitation or requirement. ( (a) Definitions.--In this section: (1) Eligible entity.--The term ``eligible entity'' means an individual, partnership, firm, corporation, or nonprofit organization that has a specific expertise in providing legal assistance and is licensed to practice law. ( 2) Joint applications.--Multiple eligible entities may submit a joint application that designates a single eligible entity as the lead entity for the purposes of receiving and disbursing funds received through a grant under this section. ( (a) In General.--There is appropriated to the Secretary of Health and Human Services (referred to in this section as the ``Secretary''), out of amounts in the Treasury not otherwise appropriated, $40,000,000, for purposes of awarding grants to eligible providers (as defined in section 5(a)(2)(A)) for enhanced security for staff and patients of such providers. ( b) Application.--An eligible provider (as defined in section 5(a)) desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ( 2) Providing training in security to health care staff. (

To ensure the right to provide reproductive health care services, and for other purposes. b) Enforcement.-- (1) Attorney general.--The Attorney General may commence a civil action on behalf of the United States against any State, or against any government official, individual, or entity that enacts, implements, or enforces a limitation or requirement that violates subsection (a). ( 4) Equitable relief.--In any action under this section, the court may award appropriate equitable relief, including temporary, preliminary, or permanent injunctive relief. ( ( 7) Abrogation of state immunity.--Neither a State that enforces or maintains, nor a government official who is permitted to implement or enforce, any limitation or requirement that violates subsection (a) shall be immune under the Tenth Amendment to the Constitution of the United States, the Eleventh Amendment to the Constitution of the United States, or any other source of law, from an action in a Federal or State court of competent jurisdiction challenging that limitation or requirement. ( ( (2) Joint applications.--Multiple eligible entities may submit a joint application that designates a single eligible entity as the lead entity for the purposes of receiving and disbursing funds received through a grant under this section. ( b) Application.--An eligible provider (as defined in section 5(a)) desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (

To ensure the right to provide reproductive health care services, and for other purposes. b) Enforcement.-- (1) Attorney general.--The Attorney General may commence a civil action on behalf of the United States against any State, or against any government official, individual, or entity that enacts, implements, or enforces a limitation or requirement that violates subsection (a). ( (a) In General.--There is appropriated to the Secretary of Health and Human Services (referred to in this section as the ``Secretary''), out of amounts in the Treasury not otherwise appropriated, $40,000,000, for purposes of awarding grants to eligible providers (as defined in section 5(a)(2)(A)) for enhanced security for staff and patients of such providers. ( b) Application.--An eligible provider (as defined in section 5(a)) desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (

To ensure the right to provide reproductive health care services, and for other purposes. b) Enforcement.-- (1) Attorney general.--The Attorney General may commence a civil action on behalf of the United States against any State, or against any government official, individual, or entity that enacts, implements, or enforces a limitation or requirement that violates subsection (a). ( 4) Equitable relief.--In any action under this section, the court may award appropriate equitable relief, including temporary, preliminary, or permanent injunctive relief. ( ( 7) Abrogation of state immunity.--Neither a State that enforces or maintains, nor a government official who is permitted to implement or enforce, any limitation or requirement that violates subsection (a) shall be immune under the Tenth Amendment to the Constitution of the United States, the Eleventh Amendment to the Constitution of the United States, or any other source of law, from an action in a Federal or State court of competent jurisdiction challenging that limitation or requirement. ( ( (2) Joint applications.--Multiple eligible entities may submit a joint application that designates a single eligible entity as the lead entity for the purposes of receiving and disbursing funds received through a grant under this section. ( b) Application.--An eligible provider (as defined in section 5(a)) desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (

Let Doctors Provide Reproductive Health Care Act - Prohibits any individual, entity, or State from preventing, restricting, impede, or disadvantaging a health care provider from providing or assisting with reproductive health care services lawful in the State in which the services are to be provided, or from assisting such provider or any individual from providing such services for an individual who does not reside in the Prohibits a state from using federal funds to pursue legal cases against residents or other individuals or entities, or to take any other enforcement, disciplinary, or adverse licensing proceeding on the basis of such residents or any other individuals providing or assisting with reproductive health care services that are lawful in the state in which the services are provided. (Sec. 5) Prohibits the use

H.R.5346

Agriculture and Food

Equal Access to the Right Nutrition for Military Families (EARN) Act of 2021 This bill facilitates the participation of military households in the Supplemental Nutrition Assistance Program (SNAP) by excluding from income limits the housing allowance provided to members of the Armed Forces and modifying administration and other aspects of the program.

To amend the Food and Nutrition Act of 2008 to provide for the direct certification and enrollment of households of active members of the Armed Forces of the United States in the supplemental nutrition assistance 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 ``Equal Access to the Right Nutrition for Military Families (EARN) Act of 2021''. SEC. 2. FINDINGS. The Congress finds the following: (1) Section 605 of the National Defense Authorization Act for Fiscal Year 2016 directed the Secretary of Agriculture to ensure that data on usage of the supplemental nutrition assistance program (commonly known as SNAP) by members of the Armed Forces was shared with the Secretary of Defense. (2) The Government Accountability Office found in 2016 that the Department of Defense had no coordination effort underway to access such data. (3) The same 2016 Government Accountability Office report recommended that the Department of Defense revise surveys to collect and analyze more complete data on food assistance utilization among service members and coordinate with the Department of Agriculture to leverage its access to data on service members and their families who use their programs services. (4) Section 656 of the National Defense Authorization Act for Fiscal Year 2020 directed the Secretary of Defense to submit a report to the Committees on Armed Services of the Senate and the House of Representatives on the extent of food insecurity among members of the Armed Forces and their dependents by May 1, 2020. (5) The Conference Report accompanying the National Defense Authorization Act for Fiscal Year 2021 reiterated the importance of the report, extended the deadline for completion to March 31, 2021, and directed the Secretary of Defense to take necessary action to address any food insecurity found to exist among members of the Armed Forces and their dependents. (6) The Secretary of Defense has still not submitted the report. (7) Testimony presented before the Committee on Rules of the House of Representatives on May 27, 2021, revealed that-- (A) 14 percent of active duty service members experience low or very low food security, (B) military families of color struggle with food insecurity at higher rates than their white peers, (C) military spouse unemployment is 7 times higher than the national average, (D) frequent moves associated with military lifestyle place additional burdens on the financial security of military families, and (E) additional costs for childcare, when available, further drain household finances. (8) Research conducted by the Department of Agriculture shows a clear linkage between food insecurity and mental health concerns, including anxiety, depression, and suicidal ideation. (9) As a result of military service members' facing barriers in accessing supplemental nutrition assistance program benefits, food banks and food pantries operate on or near every military base in the United States, serving food insecure military families. (10) The transition from military service to civilian life is often a point of increased hardship, especially for those separating at younger ages and with few job skills that transition easily to the civilian economy. (11) Unemployment is a significant problem among Gulf War era II (post 9/11 wars) veterans, particularly those aged 25- 34. SEC. 3. INCOME AND ASSETS OF MILITARY FAMILY HOUSEHOLDS. (a) Definitions.--Section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012) is amended-- (1) in subsection (e) by adding at the end the following: ``In the case of military family households, the Secretary of Defense may be the benefit issuer.'', (2) by inserting after subsection (g) the following: ``(g-1) Dependent.--`Dependent', for purposes of section 5(d)(21), has the meaning given such term in section 401 of title 37 of the United States Code.'', and (3) by inserting after subsection (m) the following: ``(m-1) `Military family household' means an active duty member of the Armed Forces and all dependents living with such member. Any member of the household that is not within the definition of `military family household' retains their eligibility for State administered supplemental nutrition assistance program. ``(m-2) `Military pay', for purposes of section 5(d)(21), means the basic pay, basic allowance for subsistence, basic allowance for housing (or applicable cash equivalent), overseas housing allowance, bonuses, and special and incentive payments of such member, as reported by the Department of Defense Integrated Personnel and Pay System.''. (b) Income.--Section 5 of the Food and Nutrition Act of 2008 (7 U.S.C. 2014) is amended-- (1) in subsection (c)-- (A) in paragraph (1) by striking ``and'' at the end, (B) in paragraph (2) by striking the period at the end and inserting ``; and'', and (C) by adding at the end the following: ``(3) in the case of a household that includes a member of the Armed Forces of the United States, the household's income (after the exclusions provided for in subsection (d) but before the deductions provided for in subsection (e)) exceeds the poverty line by more than 100 percent.'', (2) in subsection (d)-- (A) in paragraph (18) by striking ``and'' at the end, (B) in paragraph (19)(B) by striking the period at the end and inserting ``; and'', and (C) by adding at the end the following: ``(20) the basic housing allowance (or applicable cash equivalent) received by household members who are active members of the Armed Forces of the United States.''. (c) Military Family Household Eligibility.--Section 5 of the Food and Nutrition Act of 2008 (7 U.S.C. 2014) is amended by adding at the end the following: ``(o) Military Family Household Eligibility.--Notwithstanding any other provision of this section, a military family household shall not be ineligible for failing to meet the requirements of subsection (g), (h), (i), (j), (k), (l), (m), or (n).''. SEC. 4. ELIGIBILITY DISQUALIFICATIONS OF MILITARY FAMILY HOUSEHOLDS. Section 6 of the Food and Nutrition Act of 2008 (7 U.S.C. 2014) is amended by adding at the end the following: ``(t) Eligibility Disqualifications of Military Family Households.--Notwithstanding any other provision of this section, only subsections (m), (n), (s), and (q) shall apply with respect to military family households.''. SEC. 5. OUTREACH BY THE SECRETARY OF DEFENSE. The Secretary of Defense shall provide outreach to active members of the Armed Forces of the United States to inform them that they may be eligible to receive the supplemental nutrition assistance program benefits as a result of amendments made by this Act. SEC. 6. ENROLLMENT AND ADMINISTRATION OF SNAP BENEFITS. Not later than 30 days after the date of the enactment of this Act, the Secretary of Agriculture and the Secretary of Defense shall begin to develop a memorandum of understanding and a data sharing agreement to be completed not later than 180 days after the date of the enactment of this Act that-- (1) establishes a federally administered supplemental nutrition assistance program benefit for military family households, (2) provides for direct certification and enrollment of eligible military family households in the supplemental nutrition assistance program, (3) allows the Department of Defense to certify, enroll, and issue supplemental nutrition assistance benefits to eligible military family households, (4) establishes an online portal and a call center for military family households to report non-military income and changes to non-military income, access program information, and opt out of benefits, and (5) establishes an automatic, temporary six month transitional supplemental nutrition assistance program benefit for military family households of which one or more military servicemembers are honorably discharged. SEC. 7. DATA COLLECTION ON FOOD INSECURITY AMONG MEMBERS OF THE ARMED FORCES AND THEIR DEPENDENTS. (a) Report Required.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Agriculture acting jointly shall submit a report on food insecurity among members of the Armed Forces and their dependents in addition to the report required by Section 656 of Public Law 116-92 to the following: (1) The Committee on Armed Services of the Senate. (2) The Committee on Armed Services of the House of Representatives. (3) The Committee on Agriculture, Nutrition, and Forestry of the Senate. (4) The Committee on Agriculture of the House of Representatives. (5) Of the Committee on Appropriations of the Senate-- (A) the Subcommittee on Agriculture, Rural Development, Food, and Drug Administration, and Related Agencies, (B) the Subcommittee on Military Construction, Veterans Affairs, and Related Agencies, and (C) the Subcommittee on Defense. (6) Of the Committee on Appropriations of the House of Representatives-- (A) the Subcommittee on Agriculture, Rural Development, Food, and Drug Administration, and Related Agencies, (B) the Subcommittee on Military Construction, Veterans Affairs, and Related Agencies, and (C) the Subcommittee on Defense. (b) Elements.--The report required by subsection (a) shall include the following: (1) Data collection and analysis of the current extent of food insecurity among members of the Armed Forces and their dependents using the USDA Six-Item Short Form Food Security Scale. (2) The impact of the amendments made by this Act on the supplemental nutrition assistance program enrollment of military family households. (3) The incidence and analysis of underpayments and overpayments with respect to the benefits established in paragraphs (1) and (5) of section 6. (4) Any other recommendations for policies, programs, and activities to address food insecurity among members of the Armed Forces and their dependents that the Secretaries consider appropriate. SEC. 8. AUTHORIZATION OF APPROPRIATIONS FOR ADMINISTRATION. There are authorized to be appropriated such sums as may be necessary for fiscal years 2022 through 2026 for administrative operations and activities to carry out the amendments made by this Act. <all>

Equal Access to the Right Nutrition for Military Families (EARN) Act of 2021

To amend the Food and Nutrition Act of 2008 to provide for the direct certification and enrollment of households of active members of the Armed Forces of the United States in the supplemental nutrition assistance program; and for other purposes.

Equal Access to the Right Nutrition for Military Families (EARN) Act of 2021

Rep. Bishop, Sanford D., Jr.

D

GA

This bill facilitates the participation of military households in the Supplemental Nutrition Assistance Program (SNAP) by excluding from income limits the housing allowance provided to members of the Armed Forces and modifying administration and other aspects of the program.

SHORT TITLE. 2. FINDINGS. (3) The same 2016 Government Accountability Office report recommended that the Department of Defense revise surveys to collect and analyze more complete data on food assistance utilization among service members and coordinate with the Department of Agriculture to leverage its access to data on service members and their families who use their programs services. (10) The transition from military service to civilian life is often a point of increased hardship, especially for those separating at younger ages and with few job skills that transition easily to the civilian economy. (11) Unemployment is a significant problem among Gulf War era II (post 9/11 wars) veterans, particularly those aged 25- 34. 3. ``(m-2) `Military pay', for purposes of section 5(d)(21), means the basic pay, basic allowance for subsistence, basic allowance for housing (or applicable cash equivalent), overseas housing allowance, bonuses, and special and incentive payments of such member, as reported by the Department of Defense Integrated Personnel and Pay System.''. 2014) is amended-- (1) in subsection (c)-- (A) in paragraph (1) by striking ``and'' at the end, (B) in paragraph (2) by striking the period at the end and inserting ``; and'', and (C) by adding at the end the following: ``(3) in the case of a household that includes a member of the Armed Forces of the United States, the household's income (after the exclusions provided for in subsection (d) but before the deductions provided for in subsection (e)) exceeds the poverty line by more than 100 percent. ELIGIBILITY DISQUALIFICATIONS OF MILITARY FAMILY HOUSEHOLDS. Section 6 of the Food and Nutrition Act of 2008 (7 U.S.C. 5. OUTREACH BY THE SECRETARY OF DEFENSE. ENROLLMENT AND ADMINISTRATION OF SNAP BENEFITS. DATA COLLECTION ON FOOD INSECURITY AMONG MEMBERS OF THE ARMED FORCES AND THEIR DEPENDENTS. (4) The Committee on Agriculture of the House of Representatives. (5) Of the Committee on Appropriations of the Senate-- (A) the Subcommittee on Agriculture, Rural Development, Food, and Drug Administration, and Related Agencies, (B) the Subcommittee on Military Construction, Veterans Affairs, and Related Agencies, and (C) the Subcommittee on Defense. (2) The impact of the amendments made by this Act on the supplemental nutrition assistance program enrollment of military family households. SEC. 8. AUTHORIZATION OF APPROPRIATIONS FOR ADMINISTRATION. There are authorized to be appropriated such sums as may be necessary for fiscal years 2022 through 2026 for administrative operations and activities to carry out the amendments made by this Act.

SHORT TITLE. 2. (3) The same 2016 Government Accountability Office report recommended that the Department of Defense revise surveys to collect and analyze more complete data on food assistance utilization among service members and coordinate with the Department of Agriculture to leverage its access to data on service members and their families who use their programs services. 3. ``(m-2) `Military pay', for purposes of section 5(d)(21), means the basic pay, basic allowance for subsistence, basic allowance for housing (or applicable cash equivalent), overseas housing allowance, bonuses, and special and incentive payments of such member, as reported by the Department of Defense Integrated Personnel and Pay System.''. 2014) is amended-- (1) in subsection (c)-- (A) in paragraph (1) by striking ``and'' at the end, (B) in paragraph (2) by striking the period at the end and inserting ``; and'', and (C) by adding at the end the following: ``(3) in the case of a household that includes a member of the Armed Forces of the United States, the household's income (after the exclusions provided for in subsection (d) but before the deductions provided for in subsection (e)) exceeds the poverty line by more than 100 percent. ELIGIBILITY DISQUALIFICATIONS OF MILITARY FAMILY HOUSEHOLDS. Section 6 of the Food and Nutrition Act of 2008 (7 U.S.C. 5. OUTREACH BY THE SECRETARY OF DEFENSE. ENROLLMENT AND ADMINISTRATION OF SNAP BENEFITS. DATA COLLECTION ON FOOD INSECURITY AMONG MEMBERS OF THE ARMED FORCES AND THEIR DEPENDENTS. (4) The Committee on Agriculture of the House of Representatives. (5) Of the Committee on Appropriations of the Senate-- (A) the Subcommittee on Agriculture, Rural Development, Food, and Drug Administration, and Related Agencies, (B) the Subcommittee on Military Construction, Veterans Affairs, and Related Agencies, and (C) the Subcommittee on Defense. (2) The impact of the amendments made by this Act on the supplemental nutrition assistance program enrollment of military family households. SEC. 8. AUTHORIZATION OF APPROPRIATIONS FOR ADMINISTRATION. There are authorized to be appropriated such sums as may be necessary for fiscal years 2022 through 2026 for administrative operations and activities to carry out the amendments made by this Act.

SHORT TITLE. 2. FINDINGS. (3) The same 2016 Government Accountability Office report recommended that the Department of Defense revise surveys to collect and analyze more complete data on food assistance utilization among service members and coordinate with the Department of Agriculture to leverage its access to data on service members and their families who use their programs services. (7) Testimony presented before the Committee on Rules of the House of Representatives on May 27, 2021, revealed that-- (A) 14 percent of active duty service members experience low or very low food security, (B) military families of color struggle with food insecurity at higher rates than their white peers, (C) military spouse unemployment is 7 times higher than the national average, (D) frequent moves associated with military lifestyle place additional burdens on the financial security of military families, and (E) additional costs for childcare, when available, further drain household finances. (8) Research conducted by the Department of Agriculture shows a clear linkage between food insecurity and mental health concerns, including anxiety, depression, and suicidal ideation. (10) The transition from military service to civilian life is often a point of increased hardship, especially for those separating at younger ages and with few job skills that transition easily to the civilian economy. (11) Unemployment is a significant problem among Gulf War era II (post 9/11 wars) veterans, particularly those aged 25- 34. 3. ``(m-2) `Military pay', for purposes of section 5(d)(21), means the basic pay, basic allowance for subsistence, basic allowance for housing (or applicable cash equivalent), overseas housing allowance, bonuses, and special and incentive payments of such member, as reported by the Department of Defense Integrated Personnel and Pay System.''. 2014) is amended-- (1) in subsection (c)-- (A) in paragraph (1) by striking ``and'' at the end, (B) in paragraph (2) by striking the period at the end and inserting ``; and'', and (C) by adding at the end the following: ``(3) in the case of a household that includes a member of the Armed Forces of the United States, the household's income (after the exclusions provided for in subsection (d) but before the deductions provided for in subsection (e)) exceeds the poverty line by more than 100 percent. 2014) is amended by adding at the end the following: ``(o) Military Family Household Eligibility.--Notwithstanding any other provision of this section, a military family household shall not be ineligible for failing to meet the requirements of subsection (g), (h), (i), (j), (k), (l), (m), or (n).''. ELIGIBILITY DISQUALIFICATIONS OF MILITARY FAMILY HOUSEHOLDS. Section 6 of the Food and Nutrition Act of 2008 (7 U.S.C. 5. OUTREACH BY THE SECRETARY OF DEFENSE. ENROLLMENT AND ADMINISTRATION OF SNAP BENEFITS. Not later than 30 days after the date of the enactment of this Act, the Secretary of Agriculture and the Secretary of Defense shall begin to develop a memorandum of understanding and a data sharing agreement to be completed not later than 180 days after the date of the enactment of this Act that-- (1) establishes a federally administered supplemental nutrition assistance program benefit for military family households, (2) provides for direct certification and enrollment of eligible military family households in the supplemental nutrition assistance program, (3) allows the Department of Defense to certify, enroll, and issue supplemental nutrition assistance benefits to eligible military family households, (4) establishes an online portal and a call center for military family households to report non-military income and changes to non-military income, access program information, and opt out of benefits, and (5) establishes an automatic, temporary six month transitional supplemental nutrition assistance program benefit for military family households of which one or more military servicemembers are honorably discharged. DATA COLLECTION ON FOOD INSECURITY AMONG MEMBERS OF THE ARMED FORCES AND THEIR DEPENDENTS. (4) The Committee on Agriculture of the House of Representatives. (5) Of the Committee on Appropriations of the Senate-- (A) the Subcommittee on Agriculture, Rural Development, Food, and Drug Administration, and Related Agencies, (B) the Subcommittee on Military Construction, Veterans Affairs, and Related Agencies, and (C) the Subcommittee on Defense. (2) The impact of the amendments made by this Act on the supplemental nutrition assistance program enrollment of military family households. SEC. 8. AUTHORIZATION OF APPROPRIATIONS FOR ADMINISTRATION. There are authorized to be appropriated such sums as may be necessary for fiscal years 2022 through 2026 for administrative operations and activities to carry out the amendments made by this Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. FINDINGS. (3) The same 2016 Government Accountability Office report recommended that the Department of Defense revise surveys to collect and analyze more complete data on food assistance utilization among service members and coordinate with the Department of Agriculture to leverage its access to data on service members and their families who use their programs services. (5) The Conference Report accompanying the National Defense Authorization Act for Fiscal Year 2021 reiterated the importance of the report, extended the deadline for completion to March 31, 2021, and directed the Secretary of Defense to take necessary action to address any food insecurity found to exist among members of the Armed Forces and their dependents. (7) Testimony presented before the Committee on Rules of the House of Representatives on May 27, 2021, revealed that-- (A) 14 percent of active duty service members experience low or very low food security, (B) military families of color struggle with food insecurity at higher rates than their white peers, (C) military spouse unemployment is 7 times higher than the national average, (D) frequent moves associated with military lifestyle place additional burdens on the financial security of military families, and (E) additional costs for childcare, when available, further drain household finances. (8) Research conducted by the Department of Agriculture shows a clear linkage between food insecurity and mental health concerns, including anxiety, depression, and suicidal ideation. (9) As a result of military service members' facing barriers in accessing supplemental nutrition assistance program benefits, food banks and food pantries operate on or near every military base in the United States, serving food insecure military families. (10) The transition from military service to civilian life is often a point of increased hardship, especially for those separating at younger ages and with few job skills that transition easily to the civilian economy. (11) Unemployment is a significant problem among Gulf War era II (post 9/11 wars) veterans, particularly those aged 25- 34. 3. ``(m-2) `Military pay', for purposes of section 5(d)(21), means the basic pay, basic allowance for subsistence, basic allowance for housing (or applicable cash equivalent), overseas housing allowance, bonuses, and special and incentive payments of such member, as reported by the Department of Defense Integrated Personnel and Pay System.''. 2014) is amended-- (1) in subsection (c)-- (A) in paragraph (1) by striking ``and'' at the end, (B) in paragraph (2) by striking the period at the end and inserting ``; and'', and (C) by adding at the end the following: ``(3) in the case of a household that includes a member of the Armed Forces of the United States, the household's income (after the exclusions provided for in subsection (d) but before the deductions provided for in subsection (e)) exceeds the poverty line by more than 100 percent. 2014) is amended by adding at the end the following: ``(o) Military Family Household Eligibility.--Notwithstanding any other provision of this section, a military family household shall not be ineligible for failing to meet the requirements of subsection (g), (h), (i), (j), (k), (l), (m), or (n).''. ELIGIBILITY DISQUALIFICATIONS OF MILITARY FAMILY HOUSEHOLDS. Section 6 of the Food and Nutrition Act of 2008 (7 U.S.C. 5. OUTREACH BY THE SECRETARY OF DEFENSE. ENROLLMENT AND ADMINISTRATION OF SNAP BENEFITS. Not later than 30 days after the date of the enactment of this Act, the Secretary of Agriculture and the Secretary of Defense shall begin to develop a memorandum of understanding and a data sharing agreement to be completed not later than 180 days after the date of the enactment of this Act that-- (1) establishes a federally administered supplemental nutrition assistance program benefit for military family households, (2) provides for direct certification and enrollment of eligible military family households in the supplemental nutrition assistance program, (3) allows the Department of Defense to certify, enroll, and issue supplemental nutrition assistance benefits to eligible military family households, (4) establishes an online portal and a call center for military family households to report non-military income and changes to non-military income, access program information, and opt out of benefits, and (5) establishes an automatic, temporary six month transitional supplemental nutrition assistance program benefit for military family households of which one or more military servicemembers are honorably discharged. DATA COLLECTION ON FOOD INSECURITY AMONG MEMBERS OF THE ARMED FORCES AND THEIR DEPENDENTS. (a) Report Required.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Agriculture acting jointly shall submit a report on food insecurity among members of the Armed Forces and their dependents in addition to the report required by Section 656 of Public Law 116-92 to the following: (1) The Committee on Armed Services of the Senate. (4) The Committee on Agriculture of the House of Representatives. (5) Of the Committee on Appropriations of the Senate-- (A) the Subcommittee on Agriculture, Rural Development, Food, and Drug Administration, and Related Agencies, (B) the Subcommittee on Military Construction, Veterans Affairs, and Related Agencies, and (C) the Subcommittee on Defense. (b) Elements.--The report required by subsection (a) shall include the following: (1) Data collection and analysis of the current extent of food insecurity among members of the Armed Forces and their dependents using the USDA Six-Item Short Form Food Security Scale. (2) The impact of the amendments made by this Act on the supplemental nutrition assistance program enrollment of military family households. (3) The incidence and analysis of underpayments and overpayments with respect to the benefits established in paragraphs (1) and (5) of section 6. SEC. 8. AUTHORIZATION OF APPROPRIATIONS FOR ADMINISTRATION. There are authorized to be appropriated such sums as may be necessary for fiscal years 2022 through 2026 for administrative operations and activities to carry out the amendments made by this Act.

To amend the Food and Nutrition Act of 2008 to provide for the direct certification and enrollment of households of active members of the Armed Forces of the United States in the supplemental nutrition assistance program; and for other purposes. The Congress finds the following: (1) Section 605 of the National Defense Authorization Act for Fiscal Year 2016 directed the Secretary of Agriculture to ensure that data on usage of the supplemental nutrition assistance program (commonly known as SNAP) by members of the Armed Forces was shared with the Secretary of Defense. ( (4) Section 656 of the National Defense Authorization Act for Fiscal Year 2020 directed the Secretary of Defense to submit a report to the Committees on Armed Services of the Senate and the House of Representatives on the extent of food insecurity among members of the Armed Forces and their dependents by May 1, 2020. ( 5) The Conference Report accompanying the National Defense Authorization Act for Fiscal Year 2021 reiterated the importance of the report, extended the deadline for completion to March 31, 2021, and directed the Secretary of Defense to take necessary action to address any food insecurity found to exist among members of the Armed Forces and their dependents. ( (9) As a result of military service members' facing barriers in accessing supplemental nutrition assistance program benefits, food banks and food pantries operate on or near every military base in the United States, serving food insecure military families. ( a) Definitions.--Section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012) is amended-- (1) in subsection (e) by adding at the end the following: ``In the case of military family households, the Secretary of Defense may be the benefit issuer. '', ( ``(m-2) `Military pay', for purposes of section 5(d)(21), means the basic pay, basic allowance for subsistence, basic allowance for housing (or applicable cash equivalent), overseas housing allowance, bonuses, and special and incentive payments of such member, as reported by the Department of Defense Integrated Personnel and Pay System.''. ( b) Income.--Section 5 of the Food and Nutrition Act of 2008 (7 U.S.C. 2014) is amended-- (1) in subsection (c)-- (A) in paragraph (1) by striking ``and'' at the end, (B) in paragraph (2) by striking the period at the end and inserting ``; and'', and (C) by adding at the end the following: ``(3) in the case of a household that includes a member of the Armed Forces of the United States, the household's income (after the exclusions provided for in subsection (d) but before the deductions provided for in subsection (e)) exceeds the poverty line by more than 100 percent. '', ( 2014) is amended by adding at the end the following: ``(o) Military Family Household Eligibility.--Notwithstanding any other provision of this section, a military family household shall not be ineligible for failing to meet the requirements of subsection (g), (h), (i), (j), (k), (l), (m), or (n).''. The Secretary of Defense shall provide outreach to active members of the Armed Forces of the United States to inform them that they may be eligible to receive the supplemental nutrition assistance program benefits as a result of amendments made by this Act. DATA COLLECTION ON FOOD INSECURITY AMONG MEMBERS OF THE ARMED FORCES AND THEIR DEPENDENTS. (a) Report Required.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Agriculture acting jointly shall submit a report on food insecurity among members of the Armed Forces and their dependents in addition to the report required by Section 656 of Public Law 116-92 to the following: (1) The Committee on Armed Services of the Senate. ( 6) Of the Committee on Appropriations of the House of Representatives-- (A) the Subcommittee on Agriculture, Rural Development, Food, and Drug Administration, and Related Agencies, (B) the Subcommittee on Military Construction, Veterans Affairs, and Related Agencies, and (C) the Subcommittee on Defense. ( (3) The incidence and analysis of underpayments and overpayments with respect to the benefits established in paragraphs (1) and (5) of section 6. ( 4) Any other recommendations for policies, programs, and activities to address food insecurity among members of the Armed Forces and their dependents that the Secretaries consider appropriate.

To amend the Food and Nutrition Act of 2008 to provide for the direct certification and enrollment of households of active members of the Armed Forces of the United States in the supplemental nutrition assistance program; and for other purposes. 4) Section 656 of the National Defense Authorization Act for Fiscal Year 2020 directed the Secretary of Defense to submit a report to the Committees on Armed Services of the Senate and the House of Representatives on the extent of food insecurity among members of the Armed Forces and their dependents by May 1, 2020. ( 8) Research conducted by the Department of Agriculture shows a clear linkage between food insecurity and mental health concerns, including anxiety, depression, and suicidal ideation. ( a) Definitions.--Section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012) is amended-- (1) in subsection (e) by adding at the end the following: ``In the case of military family households, the Secretary of Defense may be the benefit issuer. '', ( ``(m-2) `Military pay', for purposes of section 5(d)(21), means the basic pay, basic allowance for subsistence, basic allowance for housing (or applicable cash equivalent), overseas housing allowance, bonuses, and special and incentive payments of such member, as reported by the Department of Defense Integrated Personnel and Pay System.''. ( b) Income.--Section 5 of the Food and Nutrition Act of 2008 (7 U.S.C. 2014) is amended-- (1) in subsection (c)-- (A) in paragraph (1) by striking ``and'' at the end, (B) in paragraph (2) by striking the period at the end and inserting ``; and'', and (C) by adding at the end the following: ``(3) in the case of a household that includes a member of the Armed Forces of the United States, the household's income (after the exclusions provided for in subsection (d) but before the deductions provided for in subsection (e)) exceeds the poverty line by more than 100 percent. '', ( The Secretary of Defense shall provide outreach to active members of the Armed Forces of the United States to inform them that they may be eligible to receive the supplemental nutrition assistance program benefits as a result of amendments made by this Act. 4) The Committee on Agriculture of the House of Representatives. ( (6) Of the Committee on Appropriations of the House of Representatives-- (A) the Subcommittee on Agriculture, Rural Development, Food, and Drug Administration, and Related Agencies, (B) the Subcommittee on Military Construction, Veterans Affairs, and Related Agencies, and (C) the Subcommittee on Defense. ( 3) The incidence and analysis of underpayments and overpayments with respect to the benefits established in paragraphs (1) and (5) of section 6. (

To amend the Food and Nutrition Act of 2008 to provide for the direct certification and enrollment of households of active members of the Armed Forces of the United States in the supplemental nutrition assistance program; and for other purposes. 4) Section 656 of the National Defense Authorization Act for Fiscal Year 2020 directed the Secretary of Defense to submit a report to the Committees on Armed Services of the Senate and the House of Representatives on the extent of food insecurity among members of the Armed Forces and their dependents by May 1, 2020. ( 8) Research conducted by the Department of Agriculture shows a clear linkage between food insecurity and mental health concerns, including anxiety, depression, and suicidal ideation. ( a) Definitions.--Section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012) is amended-- (1) in subsection (e) by adding at the end the following: ``In the case of military family households, the Secretary of Defense may be the benefit issuer. '', ( ``(m-2) `Military pay', for purposes of section 5(d)(21), means the basic pay, basic allowance for subsistence, basic allowance for housing (or applicable cash equivalent), overseas housing allowance, bonuses, and special and incentive payments of such member, as reported by the Department of Defense Integrated Personnel and Pay System.''. ( b) Income.--Section 5 of the Food and Nutrition Act of 2008 (7 U.S.C. 2014) is amended-- (1) in subsection (c)-- (A) in paragraph (1) by striking ``and'' at the end, (B) in paragraph (2) by striking the period at the end and inserting ``; and'', and (C) by adding at the end the following: ``(3) in the case of a household that includes a member of the Armed Forces of the United States, the household's income (after the exclusions provided for in subsection (d) but before the deductions provided for in subsection (e)) exceeds the poverty line by more than 100 percent. '', ( The Secretary of Defense shall provide outreach to active members of the Armed Forces of the United States to inform them that they may be eligible to receive the supplemental nutrition assistance program benefits as a result of amendments made by this Act. 4) The Committee on Agriculture of the House of Representatives. ( (6) Of the Committee on Appropriations of the House of Representatives-- (A) the Subcommittee on Agriculture, Rural Development, Food, and Drug Administration, and Related Agencies, (B) the Subcommittee on Military Construction, Veterans Affairs, and Related Agencies, and (C) the Subcommittee on Defense. ( 3) The incidence and analysis of underpayments and overpayments with respect to the benefits established in paragraphs (1) and (5) of section 6. (

To amend the Food and Nutrition Act of 2008 to provide for the direct certification and enrollment of households of active members of the Armed Forces of the United States in the supplemental nutrition assistance program; and for other purposes. The Congress finds the following: (1) Section 605 of the National Defense Authorization Act for Fiscal Year 2016 directed the Secretary of Agriculture to ensure that data on usage of the supplemental nutrition assistance program (commonly known as SNAP) by members of the Armed Forces was shared with the Secretary of Defense. ( (4) Section 656 of the National Defense Authorization Act for Fiscal Year 2020 directed the Secretary of Defense to submit a report to the Committees on Armed Services of the Senate and the House of Representatives on the extent of food insecurity among members of the Armed Forces and their dependents by May 1, 2020. ( 5) The Conference Report accompanying the National Defense Authorization Act for Fiscal Year 2021 reiterated the importance of the report, extended the deadline for completion to March 31, 2021, and directed the Secretary of Defense to take necessary action to address any food insecurity found to exist among members of the Armed Forces and their dependents. ( (9) As a result of military service members' facing barriers in accessing supplemental nutrition assistance program benefits, food banks and food pantries operate on or near every military base in the United States, serving food insecure military families. ( a) Definitions.--Section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012) is amended-- (1) in subsection (e) by adding at the end the following: ``In the case of military family households, the Secretary of Defense may be the benefit issuer. '', ( ``(m-2) `Military pay', for purposes of section 5(d)(21), means the basic pay, basic allowance for subsistence, basic allowance for housing (or applicable cash equivalent), overseas housing allowance, bonuses, and special and incentive payments of such member, as reported by the Department of Defense Integrated Personnel and Pay System.''. ( b) Income.--Section 5 of the Food and Nutrition Act of 2008 (7 U.S.C. 2014) is amended-- (1) in subsection (c)-- (A) in paragraph (1) by striking ``and'' at the end, (B) in paragraph (2) by striking the period at the end and inserting ``; and'', and (C) by adding at the end the following: ``(3) in the case of a household that includes a member of the Armed Forces of the United States, the household's income (after the exclusions provided for in subsection (d) but before the deductions provided for in subsection (e)) exceeds the poverty line by more than 100 percent. '', ( 2014) is amended by adding at the end the following: ``(o) Military Family Household Eligibility.--Notwithstanding any other provision of this section, a military family household shall not be ineligible for failing to meet the requirements of subsection (g), (h), (i), (j), (k), (l), (m), or (n).''. The Secretary of Defense shall provide outreach to active members of the Armed Forces of the United States to inform them that they may be eligible to receive the supplemental nutrition assistance program benefits as a result of amendments made by this Act. DATA COLLECTION ON FOOD INSECURITY AMONG MEMBERS OF THE ARMED FORCES AND THEIR DEPENDENTS. (a) Report Required.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Agriculture acting jointly shall submit a report on food insecurity among members of the Armed Forces and their dependents in addition to the report required by Section 656 of Public Law 116-92 to the following: (1) The Committee on Armed Services of the Senate. ( 6) Of the Committee on Appropriations of the House of Representatives-- (A) the Subcommittee on Agriculture, Rural Development, Food, and Drug Administration, and Related Agencies, (B) the Subcommittee on Military Construction, Veterans Affairs, and Related Agencies, and (C) the Subcommittee on Defense. ( (3) The incidence and analysis of underpayments and overpayments with respect to the benefits established in paragraphs (1) and (5) of section 6. ( 4) Any other recommendations for policies, programs, and activities to address food insecurity among members of the Armed Forces and their dependents that the Secretaries consider appropriate.

To amend the Food and Nutrition Act of 2008 to provide for the direct certification and enrollment of households of active members of the Armed Forces of the United States in the supplemental nutrition assistance program; and for other purposes. 4) Section 656 of the National Defense Authorization Act for Fiscal Year 2020 directed the Secretary of Defense to submit a report to the Committees on Armed Services of the Senate and the House of Representatives on the extent of food insecurity among members of the Armed Forces and their dependents by May 1, 2020. ( 8) Research conducted by the Department of Agriculture shows a clear linkage between food insecurity and mental health concerns, including anxiety, depression, and suicidal ideation. ( a) Definitions.--Section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012) is amended-- (1) in subsection (e) by adding at the end the following: ``In the case of military family households, the Secretary of Defense may be the benefit issuer. '', ( ``(m-2) `Military pay', for purposes of section 5(d)(21), means the basic pay, basic allowance for subsistence, basic allowance for housing (or applicable cash equivalent), overseas housing allowance, bonuses, and special and incentive payments of such member, as reported by the Department of Defense Integrated Personnel and Pay System.''. ( b) Income.--Section 5 of the Food and Nutrition Act of 2008 (7 U.S.C. 2014) is amended-- (1) in subsection (c)-- (A) in paragraph (1) by striking ``and'' at the end, (B) in paragraph (2) by striking the period at the end and inserting ``; and'', and (C) by adding at the end the following: ``(3) in the case of a household that includes a member of the Armed Forces of the United States, the household's income (after the exclusions provided for in subsection (d) but before the deductions provided for in subsection (e)) exceeds the poverty line by more than 100 percent. '', ( The Secretary of Defense shall provide outreach to active members of the Armed Forces of the United States to inform them that they may be eligible to receive the supplemental nutrition assistance program benefits as a result of amendments made by this Act. 4) The Committee on Agriculture of the House of Representatives. ( (6) Of the Committee on Appropriations of the House of Representatives-- (A) the Subcommittee on Agriculture, Rural Development, Food, and Drug Administration, and Related Agencies, (B) the Subcommittee on Military Construction, Veterans Affairs, and Related Agencies, and (C) the Subcommittee on Defense. ( 3) The incidence and analysis of underpayments and overpayments with respect to the benefits established in paragraphs (1) and (5) of section 6. (

To amend the Food and Nutrition Act of 2008 to provide for the direct certification and enrollment of households of active members of the Armed Forces of the United States in the supplemental nutrition assistance program; and for other purposes. The Congress finds the following: (1) Section 605 of the National Defense Authorization Act for Fiscal Year 2016 directed the Secretary of Agriculture to ensure that data on usage of the supplemental nutrition assistance program (commonly known as SNAP) by members of the Armed Forces was shared with the Secretary of Defense. ( (4) Section 656 of the National Defense Authorization Act for Fiscal Year 2020 directed the Secretary of Defense to submit a report to the Committees on Armed Services of the Senate and the House of Representatives on the extent of food insecurity among members of the Armed Forces and their dependents by May 1, 2020. ( 5) The Conference Report accompanying the National Defense Authorization Act for Fiscal Year 2021 reiterated the importance of the report, extended the deadline for completion to March 31, 2021, and directed the Secretary of Defense to take necessary action to address any food insecurity found to exist among members of the Armed Forces and their dependents. ( (9) As a result of military service members' facing barriers in accessing supplemental nutrition assistance program benefits, food banks and food pantries operate on or near every military base in the United States, serving food insecure military families. ( a) Definitions.--Section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012) is amended-- (1) in subsection (e) by adding at the end the following: ``In the case of military family households, the Secretary of Defense may be the benefit issuer. '', ( ``(m-2) `Military pay', for purposes of section 5(d)(21), means the basic pay, basic allowance for subsistence, basic allowance for housing (or applicable cash equivalent), overseas housing allowance, bonuses, and special and incentive payments of such member, as reported by the Department of Defense Integrated Personnel and Pay System.''. ( b) Income.--Section 5 of the Food and Nutrition Act of 2008 (7 U.S.C. 2014) is amended-- (1) in subsection (c)-- (A) in paragraph (1) by striking ``and'' at the end, (B) in paragraph (2) by striking the period at the end and inserting ``; and'', and (C) by adding at the end the following: ``(3) in the case of a household that includes a member of the Armed Forces of the United States, the household's income (after the exclusions provided for in subsection (d) but before the deductions provided for in subsection (e)) exceeds the poverty line by more than 100 percent. '', ( 2014) is amended by adding at the end the following: ``(o) Military Family Household Eligibility.--Notwithstanding any other provision of this section, a military family household shall not be ineligible for failing to meet the requirements of subsection (g), (h), (i), (j), (k), (l), (m), or (n).''. The Secretary of Defense shall provide outreach to active members of the Armed Forces of the United States to inform them that they may be eligible to receive the supplemental nutrition assistance program benefits as a result of amendments made by this Act. DATA COLLECTION ON FOOD INSECURITY AMONG MEMBERS OF THE ARMED FORCES AND THEIR DEPENDENTS. (a) Report Required.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Agriculture acting jointly shall submit a report on food insecurity among members of the Armed Forces and their dependents in addition to the report required by Section 656 of Public Law 116-92 to the following: (1) The Committee on Armed Services of the Senate. ( 6) Of the Committee on Appropriations of the House of Representatives-- (A) the Subcommittee on Agriculture, Rural Development, Food, and Drug Administration, and Related Agencies, (B) the Subcommittee on Military Construction, Veterans Affairs, and Related Agencies, and (C) the Subcommittee on Defense. ( (3) The incidence and analysis of underpayments and overpayments with respect to the benefits established in paragraphs (1) and (5) of section 6. ( 4) Any other recommendations for policies, programs, and activities to address food insecurity among members of the Armed Forces and their dependents that the Secretaries consider appropriate.

To amend the Food and Nutrition Act of 2008 to provide for the direct certification and enrollment of households of active members of the Armed Forces of the United States in the supplemental nutrition assistance program; and for other purposes. 4) Section 656 of the National Defense Authorization Act for Fiscal Year 2020 directed the Secretary of Defense to submit a report to the Committees on Armed Services of the Senate and the House of Representatives on the extent of food insecurity among members of the Armed Forces and their dependents by May 1, 2020. ( 8) Research conducted by the Department of Agriculture shows a clear linkage between food insecurity and mental health concerns, including anxiety, depression, and suicidal ideation. ( a) Definitions.--Section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012) is amended-- (1) in subsection (e) by adding at the end the following: ``In the case of military family households, the Secretary of Defense may be the benefit issuer. '', ( ``(m-2) `Military pay', for purposes of section 5(d)(21), means the basic pay, basic allowance for subsistence, basic allowance for housing (or applicable cash equivalent), overseas housing allowance, bonuses, and special and incentive payments of such member, as reported by the Department of Defense Integrated Personnel and Pay System.''. ( b) Income.--Section 5 of the Food and Nutrition Act of 2008 (7 U.S.C. 2014) is amended-- (1) in subsection (c)-- (A) in paragraph (1) by striking ``and'' at the end, (B) in paragraph (2) by striking the period at the end and inserting ``; and'', and (C) by adding at the end the following: ``(3) in the case of a household that includes a member of the Armed Forces of the United States, the household's income (after the exclusions provided for in subsection (d) but before the deductions provided for in subsection (e)) exceeds the poverty line by more than 100 percent. '', ( The Secretary of Defense shall provide outreach to active members of the Armed Forces of the United States to inform them that they may be eligible to receive the supplemental nutrition assistance program benefits as a result of amendments made by this Act. 4) The Committee on Agriculture of the House of Representatives. ( (6) Of the Committee on Appropriations of the House of Representatives-- (A) the Subcommittee on Agriculture, Rural Development, Food, and Drug Administration, and Related Agencies, (B) the Subcommittee on Military Construction, Veterans Affairs, and Related Agencies, and (C) the Subcommittee on Defense. ( 3) The incidence and analysis of underpayments and overpayments with respect to the benefits established in paragraphs (1) and (5) of section 6. (

To amend the Food and Nutrition Act of 2008 to provide for the direct certification and enrollment of households of active members of the Armed Forces of the United States in the supplemental nutrition assistance program; and for other purposes. 5) The Conference Report accompanying the National Defense Authorization Act for Fiscal Year 2021 reiterated the importance of the report, extended the deadline for completion to March 31, 2021, and directed the Secretary of Defense to take necessary action to address any food insecurity found to exist among members of the Armed Forces and their dependents. ( ( ( a) Definitions.--Section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012) is amended-- (1) in subsection (e) by adding at the end the following: ``In the case of military family households, the Secretary of Defense may be the benefit issuer. '', ( 2014) is amended by adding at the end the following: ``(o) Military Family Household Eligibility.--Notwithstanding any other provision of this section, a military family household shall not be ineligible for failing to meet the requirements of subsection (g), (h), (i), (j), (k), (l), (m), or (n).''. The Secretary of Defense shall provide outreach to active members of the Armed Forces of the United States to inform them that they may be eligible to receive the supplemental nutrition assistance program benefits as a result of amendments made by this Act. a) Report Required.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Agriculture acting jointly shall submit a report on food insecurity among members of the Armed Forces and their dependents in addition to the report required by Section 656 of Public Law 116-92 to the following: (1) The Committee on Armed Services of the Senate. (

To amend the Food and Nutrition Act of 2008 to provide for the direct certification and enrollment of households of active members of the Armed Forces of the United States in the supplemental nutrition assistance program; and for other purposes. 4) Section 656 of the National Defense Authorization Act for Fiscal Year 2020 directed the Secretary of Defense to submit a report to the Committees on Armed Services of the Senate and the House of Representatives on the extent of food insecurity among members of the Armed Forces and their dependents by May 1, 2020. ( ( (6) Of the Committee on Appropriations of the House of Representatives-- (A) the Subcommittee on Agriculture, Rural Development, Food, and Drug Administration, and Related Agencies, (B) the Subcommittee on Military Construction, Veterans Affairs, and Related Agencies, and (C) the Subcommittee on Defense. ( 3) The incidence and analysis of underpayments and overpayments with respect to the benefits established in paragraphs (1) and (5) of section 6. (

To amend the Food and Nutrition Act of 2008 to provide for the direct certification and enrollment of households of active members of the Armed Forces of the United States in the supplemental nutrition assistance program; and for other purposes. 5) The Conference Report accompanying the National Defense Authorization Act for Fiscal Year 2021 reiterated the importance of the report, extended the deadline for completion to March 31, 2021, and directed the Secretary of Defense to take necessary action to address any food insecurity found to exist among members of the Armed Forces and their dependents. ( ( ( a) Definitions.--Section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012) is amended-- (1) in subsection (e) by adding at the end the following: ``In the case of military family households, the Secretary of Defense may be the benefit issuer. '', ( 2014) is amended by adding at the end the following: ``(o) Military Family Household Eligibility.--Notwithstanding any other provision of this section, a military family household shall not be ineligible for failing to meet the requirements of subsection (g), (h), (i), (j), (k), (l), (m), or (n).''. The Secretary of Defense shall provide outreach to active members of the Armed Forces of the United States to inform them that they may be eligible to receive the supplemental nutrition assistance program benefits as a result of amendments made by this Act. a) Report Required.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Agriculture acting jointly shall submit a report on food insecurity among members of the Armed Forces and their dependents in addition to the report required by Section 656 of Public Law 116-92 to the following: (1) The Committee on Armed Services of the Senate. (

Equal Access to the Right Nutrition for Military Families (EARN) Act of 2021 This bill amends the Food and Nutrition Act of 2008 to direct the Department of Defense (DOD) to certify and enroll military family households in the Supplemental Nutrition Assistance Program (SNAP). DOD may also be the benefit issuer. The bill also requires the Secretary of Defense to report to Congress on the Amends the Supplemental Nutrition Assistance Program (SNAP) to exclude military family households from eligibility for SNAP benefits. (Sec. 5) Directs the Secretary of Agriculture and the Department of Defense to develop a memorandum of understanding and a data sharing agreement to be completed within 180 days after the enactment of this Act that: (1) establishes a federally administered supplemental nutrition assistance program benefit for military

H.R.4864

Energy

Battery Material Processing and Component Manufacturing Act of 2021 This bill requires the Department of Energy to establish grant programs to support, enhance, and sustain a domestic supply chain for batteries, including grants to facilities for processing, manufacturing, and recycling batteries.

To direct the Secretary of Energy to establish grant programs focused on battery material processing, manufacturing, and recycling programs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Battery Material Processing and Component Manufacturing Act of 2021''. SEC. 2. BATTERY MATERIAL PROCESSING GRANTS; BATTERY MANUFACTURING AND RECYCLING GRANTS. (a) Definitions.--In this section: (1) Advanced battery.--The term ``advanced battery'' means a battery that consists of a battery cell that can be integrated into a module, pack, or system to be used in energy storage applications, including electric vehicles and the electric grid. (2) Advanced battery component.-- (A) In general.--The term ``advanced battery component'' means a component of an advanced battery. (B) Inclusions.--The term ``advanced battery component'' includes materials, enhancements, enclosures, anodes, cathodes, electrolytes, cells, and other associated technologies that comprise an advanced battery. (3) Battery material.--The term ``battery material'' means the raw and processed form of a mineral, metal, chemical, or other material used in an advanced battery component. (4) Eligible entity.--The term ``eligible entity'' means an entity described in any of paragraphs (1) through (5) of section 989(b) of the Energy Policy Act of 2005 (42 U.S.C. 16353(b)). (5) Manufacturing.--The term ``manufacturing'', with respect to an advanced battery and an advanced battery component, means the industrial and chemical steps taken to produce that advanced battery or advanced battery component, respectively. (6) Processing.--The term ``processing'', with respect to battery material, means the refining of materials, including the treating, baking, and coating processes used to convert raw products into constituent materials employed directly in advanced battery manufacturing. (7) Recycling.--The term ``recycling'' means the recovery of materials from advanced batteries to be reused in similar applications, including the extracting, processing, and recoating of battery materials and advanced battery components. (b) Battery Material Processing Grants.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish within the Office of Fossil Energy a program, to be known as the ``Battery Material Processing Grant Program'' (referred to in this subsection as the ``program''), under which the Secretary shall award grants in accordance with this subsection. (2) Purposes.--The purposes of the program are-- (A) to ensure that the United States has a viable battery materials processing industry to supply the North American battery supply chain; (B) to expand the capabilities of the United States in advanced battery manufacturing; (C) to enhance national security by reducing the reliance of the United States on foreign competitors for critical materials and technologies; and (D) to enhance the domestic processing capacity of minerals necessary for battery materials and advanced batteries. (3) Grants.-- (A) In general.--Under the program, the Secretary shall award grants to eligible entities-- (i) to carry out 1 or more demonstration projects in the United States for the processing of battery materials; (ii) to construct 1 or more new commercial- scale battery material processing facilities in the United States; and (iii) to retool, retrofit, or expand 1 or more existing battery material processing facilities located in the United States and determined qualified by the Secretary. (B) Amount limitation.--The amount of a grant awarded under the program shall be not less than-- (i) $50,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(i); (ii) $100,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(ii); and (iii) $50,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(iii). (C) Priority; consideration.--In awarding grants to eligible entities under the program, the Secretary shall-- (i) give priority to an eligible entity that-- (I) is located and operates in the United States; (II) is owned by a United States entity; (III) deploys North American-owned intellectual property and content; (IV) represents consortia or industry partnerships; and (V) will not use battery material supplied by or originating from a foreign entity of concern; and (ii) take into consideration whether a project-- (I) provides workforce opportunities in low- and moderate- income communities; (II) encourages partnership with universities and laboratories to spur innovation and drive down costs; (III) partners with Indian Tribes; and (IV) takes into account-- (aa) greenhouse gas emissions reductions and energy efficient battery material processing opportunities throughout the manufacturing process; and (bb) supply chain logistics. (4) Wage rate requirements.-- (A) Davis-bacon.--Any laborer or mechanic employed by any contractor or subcontractor in the performance of work on a project funded by a grant awarded under this subsection shall be paid wages at rates not less than those prevailing on similar projects in the locality as determined by the Secretary of Labor under subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the ``Davis-Bacon Act''). (B) Authority.--With respect to the labor standards specified in subparagraph (A), the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. (5) Authorization of appropriations.--There is authorized to be appropriated to the Secretary to carry out the program $3,500,000,000 for the period of fiscal years 2022 through 2026, to remain available until expended. (c) Battery Manufacturing and Recycling Grants.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish within the Office of Energy Efficiency and Renewable Energy a battery manufacturing and recycling grant program (referred to in this subsection as the ``program''). (2) Purpose.--The purpose of the program is to ensure that the United States has a viable domestic manufacturing and recycling capability to support and sustain a North American battery supply chain. (3) Grants.-- (A) In general.--Under the program, the Secretary shall award grants to eligible entities-- (i) to carry out 1 or more demonstration projects for advanced battery component manufacturing, advanced battery manufacturing, and recycling; (ii) to construct 1 or more new commercial- scale advanced battery component manufacturing, advanced battery manufacturing, or recycling facilities in the United States; and (iii) to retool, retrofit, or expand 1 or more existing facilities located in the United States and determined qualified by the Secretary for advanced battery component manufacturing, advanced battery manufacturing, and recycling. (B) Amount limitation.--The amount of a grant awarded under the program shall be not less than-- (i) $50,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(i); (ii) $100,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(ii); and (iii) $50,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(iii). (C) Priority; consideration.--In awarding grants to eligible entities under the program, the Secretary shall-- (i) give priority to an eligible entity that-- (I) is located and operates in the United States; (II) is owned by a United States entity; (III) deploys North American-owned intellectual property and content; (IV) represents consortia or industry partnerships; and (V)(aa) if the eligible entity will use the grant for advanced battery component manufacturing, will not use battery material supplied by or originating from a foreign entity of concern; or (bb) if the eligible entity will use the grant for battery recycling, will not export recovered critical materials to a foreign entity of concern; and (ii) take into consideration whether a project-- (I) provides workforce opportunities in low- and moderate- income or rural communities; (II) provides workforce opportunities in communities that have lost jobs due to the displacements of fossil energy jobs; (III) encourages partnership with universities and laboratories to spur innovation and drive down costs; (IV) partners with Indian Tribes; (V) takes into account-- (aa) greenhouse gas emissions reductions and energy efficient battery material processing opportunities throughout the manufacturing process; and (bb) supply chain logistics; and (VI) utilizes feedstock produced in the United States. (4) Wage rate requirements.-- (A) Davis-bacon.--Any laborer or mechanic employed by any contractor or subcontractor in the performance of work on a project funded by a grant awarded under this subsection shall be paid wages at rates not less than those prevailing on similar projects in the locality as determined by the Secretary of Labor under subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the ``Davis-Bacon Act''). (B) Authority.--With respect to the labor standards specified in subparagraph (A), the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. (5) Authorization of appropriations.--There is authorized to be appropriated to the Secretary to carry out the program $6,500,000,000 for the period of fiscal years 2022 through 2026, to remain available until expended. (d) Reporting Requirements.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report on the grant programs established under subsections (b) and (c), including, with respect to each grant program, a description of-- (1) the number of grant applications received; (2) the number of grants awarded and the amount of each award; (3) the purpose and status of each project carried out using a grant; and (4) any other information the Secretary determines necessary. <all>

Battery Material Processing and Component Manufacturing Act of 2021

To direct the Secretary of Energy to establish grant programs focused on battery material processing, manufacturing, and recycling programs, and for other purposes.

Battery Material Processing and Component Manufacturing Act of 2021

Rep. Doyle, Michael F.

D

PA

This bill requires the Department of Energy to establish grant programs to support, enhance, and sustain a domestic supply chain for batteries, including grants to facilities for processing, manufacturing, and recycling batteries.

SEC. BATTERY MATERIAL PROCESSING GRANTS; BATTERY MANUFACTURING AND RECYCLING GRANTS. (a) Definitions.--In this section: (1) Advanced battery.--The term ``advanced battery'' means a battery that consists of a battery cell that can be integrated into a module, pack, or system to be used in energy storage applications, including electric vehicles and the electric grid. (2) Advanced battery component.-- (A) In general.--The term ``advanced battery component'' means a component of an advanced battery. (C) Priority; consideration.--In awarding grants to eligible entities under the program, the Secretary shall-- (i) give priority to an eligible entity that-- (I) is located and operates in the United States; (II) is owned by a United States entity; (III) deploys North American-owned intellectual property and content; (IV) represents consortia or industry partnerships; and (V) will not use battery material supplied by or originating from a foreign entity of concern; and (ii) take into consideration whether a project-- (I) provides workforce opportunities in low- and moderate- income communities; (II) encourages partnership with universities and laboratories to spur innovation and drive down costs; (III) partners with Indian Tribes; and (IV) takes into account-- (aa) greenhouse gas emissions reductions and energy efficient battery material processing opportunities throughout the manufacturing process; and (bb) supply chain logistics. (5) Authorization of appropriations.--There is authorized to be appropriated to the Secretary to carry out the program $3,500,000,000 for the period of fiscal years 2022 through 2026, to remain available until expended. (2) Purpose.--The purpose of the program is to ensure that the United States has a viable domestic manufacturing and recycling capability to support and sustain a North American battery supply chain. (B) Amount limitation.--The amount of a grant awarded under the program shall be not less than-- (i) $50,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(i); (ii) $100,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(ii); and (iii) $50,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(iii). (4) Wage rate requirements.-- (A) Davis-bacon.--Any laborer or mechanic employed by any contractor or subcontractor in the performance of work on a project funded by a grant awarded under this subsection shall be paid wages at rates not less than those prevailing on similar projects in the locality as determined by the Secretary of Labor under subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the ``Davis-Bacon Act''). (B) Authority.--With respect to the labor standards specified in subparagraph (A), the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code.

BATTERY MATERIAL PROCESSING GRANTS; BATTERY MANUFACTURING AND RECYCLING GRANTS. (2) Advanced battery component.-- (A) In general.--The term ``advanced battery component'' means a component of an advanced battery. (2) Purpose.--The purpose of the program is to ensure that the United States has a viable domestic manufacturing and recycling capability to support and sustain a North American battery supply chain. (B) Amount limitation.--The amount of a grant awarded under the program shall be not less than-- (i) $50,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(i); (ii) $100,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(ii); and (iii) $50,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(iii). (4) Wage rate requirements.-- (A) Davis-bacon.--Any laborer or mechanic employed by any contractor or subcontractor in the performance of work on a project funded by a grant awarded under this subsection shall be paid wages at rates not less than those prevailing on similar projects in the locality as determined by the Secretary of Labor under subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the ``Davis-Bacon Act''). (B) Authority.--With respect to the labor standards specified in subparagraph (A), the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. SEC. BATTERY MATERIAL PROCESSING GRANTS; BATTERY MANUFACTURING AND RECYCLING GRANTS. (a) Definitions.--In this section: (1) Advanced battery.--The term ``advanced battery'' means a battery that consists of a battery cell that can be integrated into a module, pack, or system to be used in energy storage applications, including electric vehicles and the electric grid. (2) Advanced battery component.-- (A) In general.--The term ``advanced battery component'' means a component of an advanced battery. (B) Inclusions.--The term ``advanced battery component'' includes materials, enhancements, enclosures, anodes, cathodes, electrolytes, cells, and other associated technologies that comprise an advanced battery. (3) Battery material.--The term ``battery material'' means the raw and processed form of a mineral, metal, chemical, or other material used in an advanced battery component. 16353(b)). (b) Battery Material Processing Grants.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish within the Office of Fossil Energy a program, to be known as the ``Battery Material Processing Grant Program'' (referred to in this subsection as the ``program''), under which the Secretary shall award grants in accordance with this subsection. (3) Grants.-- (A) In general.--Under the program, the Secretary shall award grants to eligible entities-- (i) to carry out 1 or more demonstration projects in the United States for the processing of battery materials; (ii) to construct 1 or more new commercial- scale battery material processing facilities in the United States; and (iii) to retool, retrofit, or expand 1 or more existing battery material processing facilities located in the United States and determined qualified by the Secretary. (C) Priority; consideration.--In awarding grants to eligible entities under the program, the Secretary shall-- (i) give priority to an eligible entity that-- (I) is located and operates in the United States; (II) is owned by a United States entity; (III) deploys North American-owned intellectual property and content; (IV) represents consortia or industry partnerships; and (V) will not use battery material supplied by or originating from a foreign entity of concern; and (ii) take into consideration whether a project-- (I) provides workforce opportunities in low- and moderate- income communities; (II) encourages partnership with universities and laboratories to spur innovation and drive down costs; (III) partners with Indian Tribes; and (IV) takes into account-- (aa) greenhouse gas emissions reductions and energy efficient battery material processing opportunities throughout the manufacturing process; and (bb) supply chain logistics. (5) Authorization of appropriations.--There is authorized to be appropriated to the Secretary to carry out the program $3,500,000,000 for the period of fiscal years 2022 through 2026, to remain available until expended. (2) Purpose.--The purpose of the program is to ensure that the United States has a viable domestic manufacturing and recycling capability to support and sustain a North American battery supply chain. (B) Amount limitation.--The amount of a grant awarded under the program shall be not less than-- (i) $50,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(i); (ii) $100,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(ii); and (iii) $50,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(iii). (4) Wage rate requirements.-- (A) Davis-bacon.--Any laborer or mechanic employed by any contractor or subcontractor in the performance of work on a project funded by a grant awarded under this subsection shall be paid wages at rates not less than those prevailing on similar projects in the locality as determined by the Secretary of Labor under subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the ``Davis-Bacon Act''). (B) Authority.--With respect to the labor standards specified in subparagraph (A), the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Battery Material Processing and Component Manufacturing Act of 2021''. SEC. BATTERY MATERIAL PROCESSING GRANTS; BATTERY MANUFACTURING AND RECYCLING GRANTS. (a) Definitions.--In this section: (1) Advanced battery.--The term ``advanced battery'' means a battery that consists of a battery cell that can be integrated into a module, pack, or system to be used in energy storage applications, including electric vehicles and the electric grid. (2) Advanced battery component.-- (A) In general.--The term ``advanced battery component'' means a component of an advanced battery. (B) Inclusions.--The term ``advanced battery component'' includes materials, enhancements, enclosures, anodes, cathodes, electrolytes, cells, and other associated technologies that comprise an advanced battery. (3) Battery material.--The term ``battery material'' means the raw and processed form of a mineral, metal, chemical, or other material used in an advanced battery component. 16353(b)). (5) Manufacturing.--The term ``manufacturing'', with respect to an advanced battery and an advanced battery component, means the industrial and chemical steps taken to produce that advanced battery or advanced battery component, respectively. (6) Processing.--The term ``processing'', with respect to battery material, means the refining of materials, including the treating, baking, and coating processes used to convert raw products into constituent materials employed directly in advanced battery manufacturing. (7) Recycling.--The term ``recycling'' means the recovery of materials from advanced batteries to be reused in similar applications, including the extracting, processing, and recoating of battery materials and advanced battery components. (b) Battery Material Processing Grants.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish within the Office of Fossil Energy a program, to be known as the ``Battery Material Processing Grant Program'' (referred to in this subsection as the ``program''), under which the Secretary shall award grants in accordance with this subsection. (2) Purposes.--The purposes of the program are-- (A) to ensure that the United States has a viable battery materials processing industry to supply the North American battery supply chain; (B) to expand the capabilities of the United States in advanced battery manufacturing; (C) to enhance national security by reducing the reliance of the United States on foreign competitors for critical materials and technologies; and (D) to enhance the domestic processing capacity of minerals necessary for battery materials and advanced batteries. (3) Grants.-- (A) In general.--Under the program, the Secretary shall award grants to eligible entities-- (i) to carry out 1 or more demonstration projects in the United States for the processing of battery materials; (ii) to construct 1 or more new commercial- scale battery material processing facilities in the United States; and (iii) to retool, retrofit, or expand 1 or more existing battery material processing facilities located in the United States and determined qualified by the Secretary. (C) Priority; consideration.--In awarding grants to eligible entities under the program, the Secretary shall-- (i) give priority to an eligible entity that-- (I) is located and operates in the United States; (II) is owned by a United States entity; (III) deploys North American-owned intellectual property and content; (IV) represents consortia or industry partnerships; and (V) will not use battery material supplied by or originating from a foreign entity of concern; and (ii) take into consideration whether a project-- (I) provides workforce opportunities in low- and moderate- income communities; (II) encourages partnership with universities and laboratories to spur innovation and drive down costs; (III) partners with Indian Tribes; and (IV) takes into account-- (aa) greenhouse gas emissions reductions and energy efficient battery material processing opportunities throughout the manufacturing process; and (bb) supply chain logistics. (5) Authorization of appropriations.--There is authorized to be appropriated to the Secretary to carry out the program $3,500,000,000 for the period of fiscal years 2022 through 2026, to remain available until expended. (2) Purpose.--The purpose of the program is to ensure that the United States has a viable domestic manufacturing and recycling capability to support and sustain a North American battery supply chain. (B) Amount limitation.--The amount of a grant awarded under the program shall be not less than-- (i) $50,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(i); (ii) $100,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(ii); and (iii) $50,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(iii). (4) Wage rate requirements.-- (A) Davis-bacon.--Any laborer or mechanic employed by any contractor or subcontractor in the performance of work on a project funded by a grant awarded under this subsection shall be paid wages at rates not less than those prevailing on similar projects in the locality as determined by the Secretary of Labor under subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the ``Davis-Bacon Act''). (B) Authority.--With respect to the labor standards specified in subparagraph (A), the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. (d) Reporting Requirements.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report on the grant programs established under subsections (b) and (c), including, with respect to each grant program, a description of-- (1) the number of grant applications received; (2) the number of grants awarded and the amount of each award; (3) the purpose and status of each project carried out using a grant; and (4) any other information the Secretary determines necessary.

To direct the Secretary of Energy to establish grant programs focused on battery material processing, manufacturing, and recycling programs, and for other purposes. 3) Battery material.--The term ``battery material'' means the raw and processed form of a mineral, metal, chemical, or other material used in an advanced battery component. ( (5) Manufacturing.--The term ``manufacturing'', with respect to an advanced battery and an advanced battery component, means the industrial and chemical steps taken to produce that advanced battery or advanced battery component, respectively. ( 2) Purposes.--The purposes of the program are-- (A) to ensure that the United States has a viable battery materials processing industry to supply the North American battery supply chain; (B) to expand the capabilities of the United States in advanced battery manufacturing; (C) to enhance national security by reducing the reliance of the United States on foreign competitors for critical materials and technologies; and (D) to enhance the domestic processing capacity of minerals necessary for battery materials and advanced batteries. (3) Grants.-- (A) In general.--Under the program, the Secretary shall award grants to eligible entities-- (i) to carry out 1 or more demonstration projects in the United States for the processing of battery materials; (ii) to construct 1 or more new commercial- scale battery material processing facilities in the United States; and (iii) to retool, retrofit, or expand 1 or more existing battery material processing facilities located in the United States and determined qualified by the Secretary. ( B) Amount limitation.--The amount of a grant awarded under the program shall be not less than-- (i) $50,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(i); (ii) $100,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(ii); and (iii) $50,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(iii). 4) Wage rate requirements.-- (A) Davis-bacon.--Any laborer or mechanic employed by any contractor or subcontractor in the performance of work on a project funded by a grant awarded under this subsection shall be paid wages at rates not less than those prevailing on similar projects in the locality as determined by the Secretary of Labor under subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the ``Davis-Bacon Act''). ( B) Authority.--With respect to the labor standards specified in subparagraph (A), the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. and section 3145 of title 40, United States Code. ( c) Battery Manufacturing and Recycling Grants.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish within the Office of Energy Efficiency and Renewable Energy a battery manufacturing and recycling grant program (referred to in this subsection as the ``program''). ( (B) Amount limitation.--The amount of a grant awarded under the program shall be not less than-- (i) $50,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(i); (ii) $100,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(ii); and (iii) $50,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(iii). (4) Wage rate requirements.-- (A) Davis-bacon.--Any laborer or mechanic employed by any contractor or subcontractor in the performance of work on a project funded by a grant awarded under this subsection shall be paid wages at rates not less than those prevailing on similar projects in the locality as determined by the Secretary of Labor under subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the ``Davis-Bacon Act''). ( B) Authority.--With respect to the labor standards specified in subparagraph (A), the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat.

To direct the Secretary of Energy to establish grant programs focused on battery material processing, manufacturing, and recycling programs, and for other purposes. BATTERY MATERIAL PROCESSING GRANTS; BATTERY MANUFACTURING AND RECYCLING GRANTS. ( 3) Battery material.--The term ``battery material'' means the raw and processed form of a mineral, metal, chemical, or other material used in an advanced battery component. ( (b) Battery Material Processing Grants.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish within the Office of Fossil Energy a program, to be known as the ``Battery Material Processing Grant Program'' (referred to in this subsection as the ``program''), under which the Secretary shall award grants in accordance with this subsection. ( 3) Grants.-- (A) In general.--Under the program, the Secretary shall award grants to eligible entities-- (i) to carry out 1 or more demonstration projects in the United States for the processing of battery materials; (ii) to construct 1 or more new commercial- scale battery material processing facilities in the United States; and (iii) to retool, retrofit, or expand 1 or more existing battery material processing facilities located in the United States and determined qualified by the Secretary. ( 4) Wage rate requirements.-- (A) Davis-bacon.--Any laborer or mechanic employed by any contractor or subcontractor in the performance of work on a project funded by a grant awarded under this subsection shall be paid wages at rates not less than those prevailing on similar projects in the locality as determined by the Secretary of Labor under subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the ``Davis-Bacon Act''). ( B) Authority.--With respect to the labor standards specified in subparagraph (A), the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. (2) Purpose.--The purpose of the program is to ensure that the United States has a viable domestic manufacturing and recycling capability to support and sustain a North American battery supply chain. ( B) Amount limitation.--The amount of a grant awarded under the program shall be not less than-- (i) $50,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(i); (ii) $100,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(ii); and (iii) $50,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(iii). 4) Wage rate requirements.-- (A) Davis-bacon.--Any laborer or mechanic employed by any contractor or subcontractor in the performance of work on a project funded by a grant awarded under this subsection shall be paid wages at rates not less than those prevailing on similar projects in the locality as determined by the Secretary of Labor under subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the ``Davis-Bacon Act''). ( B) Authority.--With respect to the labor standards specified in subparagraph (A), the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. (d) Reporting Requirements.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report on the grant programs established under subsections (b) and (c), including, with respect to each grant program, a description of-- (1) the number of grant applications received; (2) the number of grants awarded and the amount of each award; (3) the purpose and status of each project carried out using a grant; and (4) any other information the Secretary determines necessary.

To direct the Secretary of Energy to establish grant programs focused on battery material processing, manufacturing, and recycling programs, and for other purposes. BATTERY MATERIAL PROCESSING GRANTS; BATTERY MANUFACTURING AND RECYCLING GRANTS. ( 3) Battery material.--The term ``battery material'' means the raw and processed form of a mineral, metal, chemical, or other material used in an advanced battery component. ( (b) Battery Material Processing Grants.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish within the Office of Fossil Energy a program, to be known as the ``Battery Material Processing Grant Program'' (referred to in this subsection as the ``program''), under which the Secretary shall award grants in accordance with this subsection. ( 3) Grants.-- (A) In general.--Under the program, the Secretary shall award grants to eligible entities-- (i) to carry out 1 or more demonstration projects in the United States for the processing of battery materials; (ii) to construct 1 or more new commercial- scale battery material processing facilities in the United States; and (iii) to retool, retrofit, or expand 1 or more existing battery material processing facilities located in the United States and determined qualified by the Secretary. ( 4) Wage rate requirements.-- (A) Davis-bacon.--Any laborer or mechanic employed by any contractor or subcontractor in the performance of work on a project funded by a grant awarded under this subsection shall be paid wages at rates not less than those prevailing on similar projects in the locality as determined by the Secretary of Labor under subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the ``Davis-Bacon Act''). ( B) Authority.--With respect to the labor standards specified in subparagraph (A), the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. (2) Purpose.--The purpose of the program is to ensure that the United States has a viable domestic manufacturing and recycling capability to support and sustain a North American battery supply chain. ( B) Amount limitation.--The amount of a grant awarded under the program shall be not less than-- (i) $50,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(i); (ii) $100,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(ii); and (iii) $50,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(iii). 4) Wage rate requirements.-- (A) Davis-bacon.--Any laborer or mechanic employed by any contractor or subcontractor in the performance of work on a project funded by a grant awarded under this subsection shall be paid wages at rates not less than those prevailing on similar projects in the locality as determined by the Secretary of Labor under subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the ``Davis-Bacon Act''). ( B) Authority.--With respect to the labor standards specified in subparagraph (A), the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. (d) Reporting Requirements.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report on the grant programs established under subsections (b) and (c), including, with respect to each grant program, a description of-- (1) the number of grant applications received; (2) the number of grants awarded and the amount of each award; (3) the purpose and status of each project carried out using a grant; and (4) any other information the Secretary determines necessary.

To direct the Secretary of Energy to establish grant programs focused on battery material processing, manufacturing, and recycling programs, and for other purposes. 3) Battery material.--The term ``battery material'' means the raw and processed form of a mineral, metal, chemical, or other material used in an advanced battery component. ( (5) Manufacturing.--The term ``manufacturing'', with respect to an advanced battery and an advanced battery component, means the industrial and chemical steps taken to produce that advanced battery or advanced battery component, respectively. ( 2) Purposes.--The purposes of the program are-- (A) to ensure that the United States has a viable battery materials processing industry to supply the North American battery supply chain; (B) to expand the capabilities of the United States in advanced battery manufacturing; (C) to enhance national security by reducing the reliance of the United States on foreign competitors for critical materials and technologies; and (D) to enhance the domestic processing capacity of minerals necessary for battery materials and advanced batteries. (3) Grants.-- (A) In general.--Under the program, the Secretary shall award grants to eligible entities-- (i) to carry out 1 or more demonstration projects in the United States for the processing of battery materials; (ii) to construct 1 or more new commercial- scale battery material processing facilities in the United States; and (iii) to retool, retrofit, or expand 1 or more existing battery material processing facilities located in the United States and determined qualified by the Secretary. ( B) Amount limitation.--The amount of a grant awarded under the program shall be not less than-- (i) $50,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(i); (ii) $100,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(ii); and (iii) $50,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(iii). 4) Wage rate requirements.-- (A) Davis-bacon.--Any laborer or mechanic employed by any contractor or subcontractor in the performance of work on a project funded by a grant awarded under this subsection shall be paid wages at rates not less than those prevailing on similar projects in the locality as determined by the Secretary of Labor under subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the ``Davis-Bacon Act''). ( B) Authority.--With respect to the labor standards specified in subparagraph (A), the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. and section 3145 of title 40, United States Code. ( c) Battery Manufacturing and Recycling Grants.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish within the Office of Energy Efficiency and Renewable Energy a battery manufacturing and recycling grant program (referred to in this subsection as the ``program''). ( (B) Amount limitation.--The amount of a grant awarded under the program shall be not less than-- (i) $50,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(i); (ii) $100,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(ii); and (iii) $50,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(iii). (4) Wage rate requirements.-- (A) Davis-bacon.--Any laborer or mechanic employed by any contractor or subcontractor in the performance of work on a project funded by a grant awarded under this subsection shall be paid wages at rates not less than those prevailing on similar projects in the locality as determined by the Secretary of Labor under subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the ``Davis-Bacon Act''). ( B) Authority.--With respect to the labor standards specified in subparagraph (A), the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat.

To direct the Secretary of Energy to establish grant programs focused on battery material processing, manufacturing, and recycling programs, and for other purposes. BATTERY MATERIAL PROCESSING GRANTS; BATTERY MANUFACTURING AND RECYCLING GRANTS. ( 3) Battery material.--The term ``battery material'' means the raw and processed form of a mineral, metal, chemical, or other material used in an advanced battery component. ( (b) Battery Material Processing Grants.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish within the Office of Fossil Energy a program, to be known as the ``Battery Material Processing Grant Program'' (referred to in this subsection as the ``program''), under which the Secretary shall award grants in accordance with this subsection. ( 3) Grants.-- (A) In general.--Under the program, the Secretary shall award grants to eligible entities-- (i) to carry out 1 or more demonstration projects in the United States for the processing of battery materials; (ii) to construct 1 or more new commercial- scale battery material processing facilities in the United States; and (iii) to retool, retrofit, or expand 1 or more existing battery material processing facilities located in the United States and determined qualified by the Secretary. ( 4) Wage rate requirements.-- (A) Davis-bacon.--Any laborer or mechanic employed by any contractor or subcontractor in the performance of work on a project funded by a grant awarded under this subsection shall be paid wages at rates not less than those prevailing on similar projects in the locality as determined by the Secretary of Labor under subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the ``Davis-Bacon Act''). ( B) Authority.--With respect to the labor standards specified in subparagraph (A), the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. (2) Purpose.--The purpose of the program is to ensure that the United States has a viable domestic manufacturing and recycling capability to support and sustain a North American battery supply chain. ( B) Amount limitation.--The amount of a grant awarded under the program shall be not less than-- (i) $50,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(i); (ii) $100,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(ii); and (iii) $50,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(iii). 4) Wage rate requirements.-- (A) Davis-bacon.--Any laborer or mechanic employed by any contractor or subcontractor in the performance of work on a project funded by a grant awarded under this subsection shall be paid wages at rates not less than those prevailing on similar projects in the locality as determined by the Secretary of Labor under subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the ``Davis-Bacon Act''). ( B) Authority.--With respect to the labor standards specified in subparagraph (A), the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. (d) Reporting Requirements.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report on the grant programs established under subsections (b) and (c), including, with respect to each grant program, a description of-- (1) the number of grant applications received; (2) the number of grants awarded and the amount of each award; (3) the purpose and status of each project carried out using a grant; and (4) any other information the Secretary determines necessary.

To direct the Secretary of Energy to establish grant programs focused on battery material processing, manufacturing, and recycling programs, and for other purposes. 3) Battery material.--The term ``battery material'' means the raw and processed form of a mineral, metal, chemical, or other material used in an advanced battery component. ( (5) Manufacturing.--The term ``manufacturing'', with respect to an advanced battery and an advanced battery component, means the industrial and chemical steps taken to produce that advanced battery or advanced battery component, respectively. ( 2) Purposes.--The purposes of the program are-- (A) to ensure that the United States has a viable battery materials processing industry to supply the North American battery supply chain; (B) to expand the capabilities of the United States in advanced battery manufacturing; (C) to enhance national security by reducing the reliance of the United States on foreign competitors for critical materials and technologies; and (D) to enhance the domestic processing capacity of minerals necessary for battery materials and advanced batteries. (3) Grants.-- (A) In general.--Under the program, the Secretary shall award grants to eligible entities-- (i) to carry out 1 or more demonstration projects in the United States for the processing of battery materials; (ii) to construct 1 or more new commercial- scale battery material processing facilities in the United States; and (iii) to retool, retrofit, or expand 1 or more existing battery material processing facilities located in the United States and determined qualified by the Secretary. ( B) Amount limitation.--The amount of a grant awarded under the program shall be not less than-- (i) $50,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(i); (ii) $100,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(ii); and (iii) $50,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(iii). 4) Wage rate requirements.-- (A) Davis-bacon.--Any laborer or mechanic employed by any contractor or subcontractor in the performance of work on a project funded by a grant awarded under this subsection shall be paid wages at rates not less than those prevailing on similar projects in the locality as determined by the Secretary of Labor under subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the ``Davis-Bacon Act''). ( B) Authority.--With respect to the labor standards specified in subparagraph (A), the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. and section 3145 of title 40, United States Code. ( c) Battery Manufacturing and Recycling Grants.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish within the Office of Energy Efficiency and Renewable Energy a battery manufacturing and recycling grant program (referred to in this subsection as the ``program''). ( (B) Amount limitation.--The amount of a grant awarded under the program shall be not less than-- (i) $50,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(i); (ii) $100,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(ii); and (iii) $50,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(iii). (4) Wage rate requirements.-- (A) Davis-bacon.--Any laborer or mechanic employed by any contractor or subcontractor in the performance of work on a project funded by a grant awarded under this subsection shall be paid wages at rates not less than those prevailing on similar projects in the locality as determined by the Secretary of Labor under subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the ``Davis-Bacon Act''). ( B) Authority.--With respect to the labor standards specified in subparagraph (A), the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat.

To direct the Secretary of Energy to establish grant programs focused on battery material processing, manufacturing, and recycling programs, and for other purposes. 4) Wage rate requirements.-- (A) Davis-bacon.--Any laborer or mechanic employed by any contractor or subcontractor in the performance of work on a project funded by a grant awarded under this subsection shall be paid wages at rates not less than those prevailing on similar projects in the locality as determined by the Secretary of Labor under subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the ``Davis-Bacon Act''). ( ( B) Amount limitation.--The amount of a grant awarded under the program shall be not less than-- (i) $50,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(i); (ii) $100,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(ii); and (iii) $50,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(iii). 4) Wage rate requirements.-- (A) Davis-bacon.--Any laborer or mechanic employed by any contractor or subcontractor in the performance of work on a project funded by a grant awarded under this subsection shall be paid wages at rates not less than those prevailing on similar projects in the locality as determined by the Secretary of Labor under subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the ``Davis-Bacon Act''). (

To direct the Secretary of Energy to establish grant programs focused on battery material processing, manufacturing, and recycling programs, and for other purposes. 2) Purposes.--The purposes of the program are-- (A) to ensure that the United States has a viable battery materials processing industry to supply the North American battery supply chain; (B) to expand the capabilities of the United States in advanced battery manufacturing; (C) to enhance national security by reducing the reliance of the United States on foreign competitors for critical materials and technologies; and (D) to enhance the domestic processing capacity of minerals necessary for battery materials and advanced batteries. ( ( B) Amount limitation.--The amount of a grant awarded under the program shall be not less than-- (i) $50,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(i); (ii) $100,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(ii); and (iii) $50,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(iii). 4) Wage rate requirements.-- (A) Davis-bacon.--Any laborer or mechanic employed by any contractor or subcontractor in the performance of work on a project funded by a grant awarded under this subsection shall be paid wages at rates not less than those prevailing on similar projects in the locality as determined by the Secretary of Labor under subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the ``Davis-Bacon Act''). ( ( (B) Amount limitation.--The amount of a grant awarded under the program shall be not less than-- (i) $50,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(i); (ii) $100,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(ii); and (iii) $50,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(iii). ( 4) Wage rate requirements.-- (A) Davis-bacon.--Any laborer or mechanic employed by any contractor or subcontractor in the performance of work on a project funded by a grant awarded under this subsection shall be paid wages at rates not less than those prevailing on similar projects in the locality as determined by the Secretary of Labor under subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the ``Davis-Bacon Act''). (

To direct the Secretary of Energy to establish grant programs focused on battery material processing, manufacturing, and recycling programs, and for other purposes. 4) Wage rate requirements.-- (A) Davis-bacon.--Any laborer or mechanic employed by any contractor or subcontractor in the performance of work on a project funded by a grant awarded under this subsection shall be paid wages at rates not less than those prevailing on similar projects in the locality as determined by the Secretary of Labor under subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the ``Davis-Bacon Act''). ( ( B) Amount limitation.--The amount of a grant awarded under the program shall be not less than-- (i) $50,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(i); (ii) $100,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(ii); and (iii) $50,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(iii). 4) Wage rate requirements.-- (A) Davis-bacon.--Any laborer or mechanic employed by any contractor or subcontractor in the performance of work on a project funded by a grant awarded under this subsection shall be paid wages at rates not less than those prevailing on similar projects in the locality as determined by the Secretary of Labor under subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the ``Davis-Bacon Act''). (

To direct the Secretary of Energy to establish grant programs focused on battery material processing, manufacturing, and recycling programs, and for other purposes. B) Amount limitation.--The amount of a grant awarded under the program shall be not less than-- (i) $50,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(i); (ii) $100,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(ii); and (iii) $50,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(iii). 4) Wage rate requirements.-- (A) Davis-bacon.--Any laborer or mechanic employed by any contractor or subcontractor in the performance of work on a project funded by a grant awarded under this subsection shall be paid wages at rates not less than those prevailing on similar projects in the locality as determined by the Secretary of Labor under subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the ``Davis-Bacon Act''). ( ( ( B) Amount limitation.--The amount of a grant awarded under the program shall be not less than-- (i) $50,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(i); (ii) $100,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(ii); and (iii) $50,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(iii). (

Battery Material Processing and Component Manufacturing Act of 2021 This bill directs the Department of Energy (DOE) to establish within the Office of Fossil Energy the Battery Material Processing Grant Program to award grants to eligible entities to: (1) carry out demonstration projects in the United States for the processing of battery materials; (2) construct one or more new commercial-scale battery material processing facilities; Directs the Secretary of Labor to award grants to eligible entities to carry out demonstration projects for advanced battery component manufacturing, advanced battery manufacturing, and recycling. (Sec. 3) Limits the amount of a grant to: (1) $50 million for an eligible entity carrying out one or more demonstration projects; (2) $100 million for such an entity; and (3) $

H.R.998

Labor and Employment

Offshore Wind Jobs and Opportunity Act This bill authorizes the Department of the Interior to award offshore wind career training grants to institutions of higher education or labor organizations to develop, offer, or improve educational or career training programs that provide skills necessary for employment in the offshore wind industry.

To establish an offshore wind career training grant program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Offshore Wind Jobs and Opportunity Act''. SEC. 2. OFFSHORE WIND CAREER TRAINING GRANT PROGRAM. The Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) is amended by adding at the end the following: ``SEC. 33. OFFSHORE WIND CAREER TRAINING GRANT PROGRAM. ``(a) Grants Authorized.--Beginning 360 days after the date of the enactment of this section, the Secretary may award offshore wind career training grants to eligible entities for the purpose of developing, offering, or improving educational or career training programs that provide individuals in such programs skills necessary for employment in the offshore wind industry. ``(b) Allocation of Grants.-- ``(1) Limitation on grant quantity and size.--An eligible entity may not be awarded-- ``(A) more than one grant under this section for which the eligible entity is the lead applicant; or ``(B) a grant under this section in excess of $2,500,000. ``(2) Allocation to community colleges.--Not less than 25 percent of the total amount awarded under this section for a fiscal year shall be awarded to eligible entities that are community colleges. ``(c) Partnerships.--An eligible entity seeking to receive a grant under this section may partner with one or more of the following: ``(1) Another eligible entity (including an eligible entity that is a community college). ``(2) A State or local government. ``(3) A nonprofit organization. ``(d) Use of Grant.--An eligible entity may use a grant awarded under this section for the following activities: ``(1) Occupational skills training, including curriculum development, on-the-job training, and classroom training. ``(2) Safety and health training. ``(3) The provision of basic skills, English as a second language, and job readiness training. ``(4) Individual referral and tuition assistance for a community college training program or similarly situated training program operated by a nonprofit organization leading to a recognized postsecondary credential (as such term is defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102)). ``(5) Internship programs in a field related to offshore wind energy. ``(6) Customized training in conjunction with an existing registered apprenticeship program or labor-management partnership. ``(7) Incumbent worker and career ladder training and skill upgrading and retraining. ``(8) The implementation of transitional jobs strategies. ``(9) Curriculum development at the undergraduate and postgraduate levels. ``(10) Development and support of offshore wind energy major, minor, or certificate programs. ``(11) Such other activities, as determined by the Secretary, to meet the purposes of this section. ``(e) Grant Proposals.-- ``(1) Submission procedure for grant proposals.--An eligible entity seeking to receive a grant under this section shall submit a grant proposal to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(2) Content of grant proposals.--A grant proposal submitted to the Secretary under this section shall include a detailed description of-- ``(A) the specific project for which the grant proposal is submitted, including the manner in which the grant will be used to develop, offer, or improve an educational or career training program that will provide individuals in such program skills necessary for employment in the offshore wind industry; ``(B) any previous experience of the eligible entity in providing such educational or career training programs; and ``(C) the extent to which such project will meet the educational or career training needs identified under subsection (i). ``(f) Criteria for Award of Grants.-- ``(1) In general.--Subject to appropriations, the Secretary shall award grants under this section based on an evaluation of-- ``(A) the merits of the grant proposal; ``(B) the likely employment opportunities available to individuals who complete the educational or career training program that the eligible entity proposes to develop, offer, or improve; ``(C) prior demand for such educational or career training programs in the community served by the eligible entity; and ``(D) the availability and capacity of existing educational or career training programs in the community to meet future demand for such programs. ``(2) Priority.--Priority in awarding grants under this section shall be given to an eligible entity that-- ``(A) is-- ``(i) an institute of higher education that has formed a partnership with a labor organization; or ``(ii) a labor organization that has formed a partnership with an institute of higher education; ``(B) has entered into a memorandum of understanding with an employer in the offshore wind industry to foster workforce development; ``(C) is located in an economically distressed area; ``(D) focuses on individuals who are-- ``(i) displaced workers (particularly workers displaced from the offshore oil and gas, onshore fossil fuel, nuclear energy, or fishing industries); ``(ii) veterans, members of the reserve components of the Armed Forces, or former members of such reserve components; ``(iii) unemployed; ``(iv) seeking employment pathways out of poverty and into economic self-sufficiency; ``(v) at-risk youth; or ``(vi) formerly incarcerated, adjudicated, nonviolent offenders; or ``(E) with respect to an eligible entity that is an institution of higher education, has a high percentage or number of low-income or minority students. ``(3) Geographic distribution.--The Secretary shall, to the extent practicable, award grants under this section in a manner that provides for a reasonable geographic distribution, except that the Secretary shall not be required to award grants equally among different regions of the United States. ``(g) Matching Requirements.--A grant awarded under this section may not be used to satisfy any non-Federal funds matching requirement under any other provision of law. ``(h) Grantee Data Collection.-- ``(1) In general.--A grantee, with respect to the educational or career training program for which the grantee received a grant under this section, shall collect and report to the Secretary on an annual basis the following: ``(A) The number of participants enrolled in the educational or career training program. ``(B) The number of participants that have completed the educational or career training program. ``(C) The services received by such participants, including a description of training, education, and supportive services. ``(D) The amount spent by the grantee per participant. ``(E) The rate of job placement of participants in the offshore wind industry or related fields. ``(F) The rate of employment retention-- ``(i) if the eligible entity is not an institution of higher education, 1 year after completion of the educational or career training program; or ``(ii) if the eligible entity is an institution of higher education, 1 year after completion of the educational or career training program or 1 year after the participant is no longer enrolled in such institution of higher education, whichever is later. ``(2) Disaggregation of data.--The data collected and reported under this subsection shall be disaggregated by-- ``(A) race; ``(B) low-income status; ``(C) disability; and ``(D) English language proficiency. ``(3) Assistance from secretary.--The Secretary shall assist grantees in the collection of data under this subsection by making available, where practicable, low-cost means of tracking the labor market outcomes of participants and by providing standardized reporting forms, where appropriate. ``(i) Identification of Educational and Career Training Needs.--Not later than 120 days after the date of the enactment of this section, the Secretary, in consultation with the offshore wind industry, eligible entities, including eligible entities that are community colleges, State and local governments, labor organizations, and nonprofit organizations, shall identify the educational and career training needs of such industry, including needs related to construction and installation, engineering, manufacturing, operation, and maintenance activities relevant to the offshore wind industry. ``(j) Guidelines.--Not later than 240 days after the date of the enactment of this section, the Secretary shall-- ``(1) promulgate guidelines for the submission of grant proposals under this section, including a list of the educational and career training needs identified under subsection (i); and ``(2) publish and maintain such guidelines on a public website of the Secretary. ``(k) Reporting Requirement.--Not later than 18 months after the date of the enactment of this section, and every 2 years thereafter, the Secretary shall submit a report to the Committee on Natural Resources of the House of Representatives, the Committee on Energy and Natural Resources of the Senate, the Committee on Education and Labor of the House of Representatives, and the Committee on Health, Education, Labor, and Pensions of the Senate on the grant program established by this section. The report shall include a description of the grantees and the activities for which grantees used a grant awarded under this section. ``(l) Authorization of Appropriations.--There are authorized to be appropriated for purposes of this section $25,000,000 for each of fiscal years 2022 through 2026. ``(m) Definitions.--In this section: ``(1) Community college.--The term `community college' has the meaning given the term `junior or community college' in section 312(f) of the Higher Education Act of 1965 (20 U.S.C. 1058(f)). ``(2) Eligible entity.--The term `eligible entity' means an entity that is-- ``(A) an institution of higher education, as such term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); or ``(B) a labor organization. ``(3) Grantee.--The term `grantee' means an eligible entity that has received a grant under this section. ``(4) Lead applicant.--The term `lead applicant' means the eligible entity that is primarily responsible for the preparation, conduct, and administration of the project for which the grant was awarded. ``(5) Secretary.--The term `Secretary' means the Secretary of the Interior, in consultation with the Secretary of Energy, the Secretary of Education, and the Secretary of Labor.''. <all>

Offshore Wind Jobs and Opportunity Act

To establish an offshore wind career training grant program, and for other purposes.

Offshore Wind Jobs and Opportunity Act

Rep. Keating, William R.

D

MA

This bill authorizes the Department of the Interior to award offshore wind career training grants to institutions of higher education or labor organizations to develop, offer, or improve educational or career training programs that provide skills necessary for employment in the offshore wind industry.

This Act may be cited as the ``Offshore Wind Jobs and Opportunity Act''. SEC. 2. OFFSHORE WIND CAREER TRAINING GRANT PROGRAM. ``(c) Partnerships.--An eligible entity seeking to receive a grant under this section may partner with one or more of the following: ``(1) Another eligible entity (including an eligible entity that is a community college). ``(2) A State or local government. ``(3) A nonprofit organization. ``(7) Incumbent worker and career ladder training and skill upgrading and retraining. ``(9) Curriculum development at the undergraduate and postgraduate levels. ``(e) Grant Proposals.-- ``(1) Submission procedure for grant proposals.--An eligible entity seeking to receive a grant under this section shall submit a grant proposal to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(3) Geographic distribution.--The Secretary shall, to the extent practicable, award grants under this section in a manner that provides for a reasonable geographic distribution, except that the Secretary shall not be required to award grants equally among different regions of the United States. ``(B) The number of participants that have completed the educational or career training program. ``(E) The rate of job placement of participants in the offshore wind industry or related fields. ``(F) The rate of employment retention-- ``(i) if the eligible entity is not an institution of higher education, 1 year after completion of the educational or career training program; or ``(ii) if the eligible entity is an institution of higher education, 1 year after completion of the educational or career training program or 1 year after the participant is no longer enrolled in such institution of higher education, whichever is later. ``(2) Disaggregation of data.--The data collected and reported under this subsection shall be disaggregated by-- ``(A) race; ``(B) low-income status; ``(C) disability; and ``(D) English language proficiency. ``(k) Reporting Requirement.--Not later than 18 months after the date of the enactment of this section, and every 2 years thereafter, the Secretary shall submit a report to the Committee on Natural Resources of the House of Representatives, the Committee on Energy and Natural Resources of the Senate, the Committee on Education and Labor of the House of Representatives, and the Committee on Health, Education, Labor, and Pensions of the Senate on the grant program established by this section. The report shall include a description of the grantees and the activities for which grantees used a grant awarded under this section. ``(l) Authorization of Appropriations.--There are authorized to be appropriated for purposes of this section $25,000,000 for each of fiscal years 2022 through 2026. 1058(f)). ``(4) Lead applicant.--The term `lead applicant' means the eligible entity that is primarily responsible for the preparation, conduct, and administration of the project for which the grant was awarded. ``(5) Secretary.--The term `Secretary' means the Secretary of the Interior, in consultation with the Secretary of Energy, the Secretary of Education, and the Secretary of Labor.''.

This Act may be cited as the ``Offshore Wind Jobs and Opportunity Act''. SEC. 2. OFFSHORE WIND CAREER TRAINING GRANT PROGRAM. ``(c) Partnerships.--An eligible entity seeking to receive a grant under this section may partner with one or more of the following: ``(1) Another eligible entity (including an eligible entity that is a community college). ``(2) A State or local government. ``(3) A nonprofit organization. ``(7) Incumbent worker and career ladder training and skill upgrading and retraining. ``(9) Curriculum development at the undergraduate and postgraduate levels. ``(B) The number of participants that have completed the educational or career training program. ``(E) The rate of job placement of participants in the offshore wind industry or related fields. ``(F) The rate of employment retention-- ``(i) if the eligible entity is not an institution of higher education, 1 year after completion of the educational or career training program; or ``(ii) if the eligible entity is an institution of higher education, 1 year after completion of the educational or career training program or 1 year after the participant is no longer enrolled in such institution of higher education, whichever is later. ``(2) Disaggregation of data.--The data collected and reported under this subsection shall be disaggregated by-- ``(A) race; ``(B) low-income status; ``(C) disability; and ``(D) English language proficiency. ``(k) Reporting Requirement.--Not later than 18 months after the date of the enactment of this section, and every 2 years thereafter, the Secretary shall submit a report to the Committee on Natural Resources of the House of Representatives, the Committee on Energy and Natural Resources of the Senate, the Committee on Education and Labor of the House of Representatives, and the Committee on Health, Education, Labor, and Pensions of the Senate on the grant program established by this section. The report shall include a description of the grantees and the activities for which grantees used a grant awarded under this section. ``(l) Authorization of Appropriations.--There are authorized to be appropriated for purposes of this section $25,000,000 for each of fiscal years 2022 through 2026. 1058(f)). ``(5) Secretary.--The term `Secretary' means the Secretary of the Interior, in consultation with the Secretary of Energy, the Secretary of Education, and the Secretary of Labor.''.

SHORT TITLE. This Act may be cited as the ``Offshore Wind Jobs and Opportunity Act''. SEC. 2. The Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) 33. OFFSHORE WIND CAREER TRAINING GRANT PROGRAM. ``(c) Partnerships.--An eligible entity seeking to receive a grant under this section may partner with one or more of the following: ``(1) Another eligible entity (including an eligible entity that is a community college). ``(2) A State or local government. ``(3) A nonprofit organization. 3102)). ``(7) Incumbent worker and career ladder training and skill upgrading and retraining. ``(9) Curriculum development at the undergraduate and postgraduate levels. ``(e) Grant Proposals.-- ``(1) Submission procedure for grant proposals.--An eligible entity seeking to receive a grant under this section shall submit a grant proposal to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(2) Priority.--Priority in awarding grants under this section shall be given to an eligible entity that-- ``(A) is-- ``(i) an institute of higher education that has formed a partnership with a labor organization; or ``(ii) a labor organization that has formed a partnership with an institute of higher education; ``(B) has entered into a memorandum of understanding with an employer in the offshore wind industry to foster workforce development; ``(C) is located in an economically distressed area; ``(D) focuses on individuals who are-- ``(i) displaced workers (particularly workers displaced from the offshore oil and gas, onshore fossil fuel, nuclear energy, or fishing industries); ``(ii) veterans, members of the reserve components of the Armed Forces, or former members of such reserve components; ``(iii) unemployed; ``(iv) seeking employment pathways out of poverty and into economic self-sufficiency; ``(v) at-risk youth; or ``(vi) formerly incarcerated, adjudicated, nonviolent offenders; or ``(E) with respect to an eligible entity that is an institution of higher education, has a high percentage or number of low-income or minority students. ``(3) Geographic distribution.--The Secretary shall, to the extent practicable, award grants under this section in a manner that provides for a reasonable geographic distribution, except that the Secretary shall not be required to award grants equally among different regions of the United States. ``(B) The number of participants that have completed the educational or career training program. ``(E) The rate of job placement of participants in the offshore wind industry or related fields. ``(F) The rate of employment retention-- ``(i) if the eligible entity is not an institution of higher education, 1 year after completion of the educational or career training program; or ``(ii) if the eligible entity is an institution of higher education, 1 year after completion of the educational or career training program or 1 year after the participant is no longer enrolled in such institution of higher education, whichever is later. ``(2) Disaggregation of data.--The data collected and reported under this subsection shall be disaggregated by-- ``(A) race; ``(B) low-income status; ``(C) disability; and ``(D) English language proficiency. ``(j) Guidelines.--Not later than 240 days after the date of the enactment of this section, the Secretary shall-- ``(1) promulgate guidelines for the submission of grant proposals under this section, including a list of the educational and career training needs identified under subsection (i); and ``(2) publish and maintain such guidelines on a public website of the Secretary. ``(k) Reporting Requirement.--Not later than 18 months after the date of the enactment of this section, and every 2 years thereafter, the Secretary shall submit a report to the Committee on Natural Resources of the House of Representatives, the Committee on Energy and Natural Resources of the Senate, the Committee on Education and Labor of the House of Representatives, and the Committee on Health, Education, Labor, and Pensions of the Senate on the grant program established by this section. The report shall include a description of the grantees and the activities for which grantees used a grant awarded under this section. ``(l) Authorization of Appropriations.--There are authorized to be appropriated for purposes of this section $25,000,000 for each of fiscal years 2022 through 2026. 1058(f)). ``(4) Lead applicant.--The term `lead applicant' means the eligible entity that is primarily responsible for the preparation, conduct, and administration of the project for which the grant was awarded. ``(5) Secretary.--The term `Secretary' means the Secretary of the Interior, in consultation with the Secretary of Energy, the Secretary of Education, and the Secretary of Labor.''.

SHORT TITLE. This Act may be cited as the ``Offshore Wind Jobs and Opportunity Act''. SEC. 2. The Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) is amended by adding at the end the following: ``SEC. 33. OFFSHORE WIND CAREER TRAINING GRANT PROGRAM. ``(c) Partnerships.--An eligible entity seeking to receive a grant under this section may partner with one or more of the following: ``(1) Another eligible entity (including an eligible entity that is a community college). ``(2) A State or local government. ``(3) A nonprofit organization. 3102)). ``(6) Customized training in conjunction with an existing registered apprenticeship program or labor-management partnership. ``(7) Incumbent worker and career ladder training and skill upgrading and retraining. ``(8) The implementation of transitional jobs strategies. ``(9) Curriculum development at the undergraduate and postgraduate levels. ``(10) Development and support of offshore wind energy major, minor, or certificate programs. ``(11) Such other activities, as determined by the Secretary, to meet the purposes of this section. ``(e) Grant Proposals.-- ``(1) Submission procedure for grant proposals.--An eligible entity seeking to receive a grant under this section shall submit a grant proposal to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(f) Criteria for Award of Grants.-- ``(1) In general.--Subject to appropriations, the Secretary shall award grants under this section based on an evaluation of-- ``(A) the merits of the grant proposal; ``(B) the likely employment opportunities available to individuals who complete the educational or career training program that the eligible entity proposes to develop, offer, or improve; ``(C) prior demand for such educational or career training programs in the community served by the eligible entity; and ``(D) the availability and capacity of existing educational or career training programs in the community to meet future demand for such programs. ``(2) Priority.--Priority in awarding grants under this section shall be given to an eligible entity that-- ``(A) is-- ``(i) an institute of higher education that has formed a partnership with a labor organization; or ``(ii) a labor organization that has formed a partnership with an institute of higher education; ``(B) has entered into a memorandum of understanding with an employer in the offshore wind industry to foster workforce development; ``(C) is located in an economically distressed area; ``(D) focuses on individuals who are-- ``(i) displaced workers (particularly workers displaced from the offshore oil and gas, onshore fossil fuel, nuclear energy, or fishing industries); ``(ii) veterans, members of the reserve components of the Armed Forces, or former members of such reserve components; ``(iii) unemployed; ``(iv) seeking employment pathways out of poverty and into economic self-sufficiency; ``(v) at-risk youth; or ``(vi) formerly incarcerated, adjudicated, nonviolent offenders; or ``(E) with respect to an eligible entity that is an institution of higher education, has a high percentage or number of low-income or minority students. ``(3) Geographic distribution.--The Secretary shall, to the extent practicable, award grants under this section in a manner that provides for a reasonable geographic distribution, except that the Secretary shall not be required to award grants equally among different regions of the United States. ``(g) Matching Requirements.--A grant awarded under this section may not be used to satisfy any non-Federal funds matching requirement under any other provision of law. ``(B) The number of participants that have completed the educational or career training program. ``(C) The services received by such participants, including a description of training, education, and supportive services. ``(D) The amount spent by the grantee per participant. ``(E) The rate of job placement of participants in the offshore wind industry or related fields. ``(F) The rate of employment retention-- ``(i) if the eligible entity is not an institution of higher education, 1 year after completion of the educational or career training program; or ``(ii) if the eligible entity is an institution of higher education, 1 year after completion of the educational or career training program or 1 year after the participant is no longer enrolled in such institution of higher education, whichever is later. ``(2) Disaggregation of data.--The data collected and reported under this subsection shall be disaggregated by-- ``(A) race; ``(B) low-income status; ``(C) disability; and ``(D) English language proficiency. ``(3) Assistance from secretary.--The Secretary shall assist grantees in the collection of data under this subsection by making available, where practicable, low-cost means of tracking the labor market outcomes of participants and by providing standardized reporting forms, where appropriate. ``(j) Guidelines.--Not later than 240 days after the date of the enactment of this section, the Secretary shall-- ``(1) promulgate guidelines for the submission of grant proposals under this section, including a list of the educational and career training needs identified under subsection (i); and ``(2) publish and maintain such guidelines on a public website of the Secretary. ``(k) Reporting Requirement.--Not later than 18 months after the date of the enactment of this section, and every 2 years thereafter, the Secretary shall submit a report to the Committee on Natural Resources of the House of Representatives, the Committee on Energy and Natural Resources of the Senate, the Committee on Education and Labor of the House of Representatives, and the Committee on Health, Education, Labor, and Pensions of the Senate on the grant program established by this section. The report shall include a description of the grantees and the activities for which grantees used a grant awarded under this section. ``(l) Authorization of Appropriations.--There are authorized to be appropriated for purposes of this section $25,000,000 for each of fiscal years 2022 through 2026. 1058(f)). ``(4) Lead applicant.--The term `lead applicant' means the eligible entity that is primarily responsible for the preparation, conduct, and administration of the project for which the grant was awarded. ``(5) Secretary.--The term `Secretary' means the Secretary of the Interior, in consultation with the Secretary of Energy, the Secretary of Education, and the Secretary of Labor.''.

To establish an offshore wind career training grant program, and for other purposes. ``(b) Allocation of Grants.-- ``(1) Limitation on grant quantity and size.--An eligible entity may not be awarded-- ``(A) more than one grant under this section for which the eligible entity is the lead applicant; or ``(B) a grant under this section in excess of $2,500,000. ``(c) Partnerships.--An eligible entity seeking to receive a grant under this section may partner with one or more of the following: ``(1) Another eligible entity (including an eligible entity that is a community college). ``(d) Use of Grant.--An eligible entity may use a grant awarded under this section for the following activities: ``(1) Occupational skills training, including curriculum development, on-the-job training, and classroom training. ``(2) Safety and health training. ``(e) Grant Proposals.-- ``(1) Submission procedure for grant proposals.--An eligible entity seeking to receive a grant under this section shall submit a grant proposal to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(3) Geographic distribution.--The Secretary shall, to the extent practicable, award grants under this section in a manner that provides for a reasonable geographic distribution, except that the Secretary shall not be required to award grants equally among different regions of the United States. ``(g) Matching Requirements.--A grant awarded under this section may not be used to satisfy any non-Federal funds matching requirement under any other provision of law. ``(h) Grantee Data Collection.-- ``(1) In general.--A grantee, with respect to the educational or career training program for which the grantee received a grant under this section, shall collect and report to the Secretary on an annual basis the following: ``(A) The number of participants enrolled in the educational or career training program. ``(E) The rate of job placement of participants in the offshore wind industry or related fields. ``(i) Identification of Educational and Career Training Needs.--Not later than 120 days after the date of the enactment of this section, the Secretary, in consultation with the offshore wind industry, eligible entities, including eligible entities that are community colleges, State and local governments, labor organizations, and nonprofit organizations, shall identify the educational and career training needs of such industry, including needs related to construction and installation, engineering, manufacturing, operation, and maintenance activities relevant to the offshore wind industry. ``(j) Guidelines.--Not later than 240 days after the date of the enactment of this section, the Secretary shall-- ``(1) promulgate guidelines for the submission of grant proposals under this section, including a list of the educational and career training needs identified under subsection (i); and ``(2) publish and maintain such guidelines on a public website of the Secretary. ``(l) Authorization of Appropriations.--There are authorized to be appropriated for purposes of this section $25,000,000 for each of fiscal years 2022 through 2026. ``(2) Eligible entity.--The term `eligible entity' means an entity that is-- ``(A) an institution of higher education, as such term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); or ``(B) a labor organization.

To establish an offshore wind career training grant program, and for other purposes. OFFSHORE WIND CAREER TRAINING GRANT PROGRAM. ``(d) Use of Grant.--An eligible entity may use a grant awarded under this section for the following activities: ``(1) Occupational skills training, including curriculum development, on-the-job training, and classroom training. ``(2) Safety and health training. ``(5) Internship programs in a field related to offshore wind energy. ``(10) Development and support of offshore wind energy major, minor, or certificate programs. ``(3) Geographic distribution.--The Secretary shall, to the extent practicable, award grants under this section in a manner that provides for a reasonable geographic distribution, except that the Secretary shall not be required to award grants equally among different regions of the United States. ``(h) Grantee Data Collection.-- ``(1) In general.--A grantee, with respect to the educational or career training program for which the grantee received a grant under this section, shall collect and report to the Secretary on an annual basis the following: ``(A) The number of participants enrolled in the educational or career training program. ``(F) The rate of employment retention-- ``(i) if the eligible entity is not an institution of higher education, 1 year after completion of the educational or career training program; or ``(ii) if the eligible entity is an institution of higher education, 1 year after completion of the educational or career training program or 1 year after the participant is no longer enrolled in such institution of higher education, whichever is later. ``(j) Guidelines.--Not later than 240 days after the date of the enactment of this section, the Secretary shall-- ``(1) promulgate guidelines for the submission of grant proposals under this section, including a list of the educational and career training needs identified under subsection (i); and ``(2) publish and maintain such guidelines on a public website of the Secretary. The report shall include a description of the grantees and the activities for which grantees used a grant awarded under this section. ``(2) Eligible entity.--The term `eligible entity' means an entity that is-- ``(A) an institution of higher education, as such term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); or ``(B) a labor organization.

To establish an offshore wind career training grant program, and for other purposes. OFFSHORE WIND CAREER TRAINING GRANT PROGRAM. ``(d) Use of Grant.--An eligible entity may use a grant awarded under this section for the following activities: ``(1) Occupational skills training, including curriculum development, on-the-job training, and classroom training. ``(2) Safety and health training. ``(5) Internship programs in a field related to offshore wind energy. ``(10) Development and support of offshore wind energy major, minor, or certificate programs. ``(3) Geographic distribution.--The Secretary shall, to the extent practicable, award grants under this section in a manner that provides for a reasonable geographic distribution, except that the Secretary shall not be required to award grants equally among different regions of the United States. ``(h) Grantee Data Collection.-- ``(1) In general.--A grantee, with respect to the educational or career training program for which the grantee received a grant under this section, shall collect and report to the Secretary on an annual basis the following: ``(A) The number of participants enrolled in the educational or career training program. ``(F) The rate of employment retention-- ``(i) if the eligible entity is not an institution of higher education, 1 year after completion of the educational or career training program; or ``(ii) if the eligible entity is an institution of higher education, 1 year after completion of the educational or career training program or 1 year after the participant is no longer enrolled in such institution of higher education, whichever is later. ``(j) Guidelines.--Not later than 240 days after the date of the enactment of this section, the Secretary shall-- ``(1) promulgate guidelines for the submission of grant proposals under this section, including a list of the educational and career training needs identified under subsection (i); and ``(2) publish and maintain such guidelines on a public website of the Secretary. The report shall include a description of the grantees and the activities for which grantees used a grant awarded under this section. ``(2) Eligible entity.--The term `eligible entity' means an entity that is-- ``(A) an institution of higher education, as such term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); or ``(B) a labor organization.

To establish an offshore wind career training grant program, and for other purposes. ``(b) Allocation of Grants.-- ``(1) Limitation on grant quantity and size.--An eligible entity may not be awarded-- ``(A) more than one grant under this section for which the eligible entity is the lead applicant; or ``(B) a grant under this section in excess of $2,500,000. ``(c) Partnerships.--An eligible entity seeking to receive a grant under this section may partner with one or more of the following: ``(1) Another eligible entity (including an eligible entity that is a community college). ``(d) Use of Grant.--An eligible entity may use a grant awarded under this section for the following activities: ``(1) Occupational skills training, including curriculum development, on-the-job training, and classroom training. ``(2) Safety and health training. ``(e) Grant Proposals.-- ``(1) Submission procedure for grant proposals.--An eligible entity seeking to receive a grant under this section shall submit a grant proposal to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(3) Geographic distribution.--The Secretary shall, to the extent practicable, award grants under this section in a manner that provides for a reasonable geographic distribution, except that the Secretary shall not be required to award grants equally among different regions of the United States. ``(g) Matching Requirements.--A grant awarded under this section may not be used to satisfy any non-Federal funds matching requirement under any other provision of law. ``(h) Grantee Data Collection.-- ``(1) In general.--A grantee, with respect to the educational or career training program for which the grantee received a grant under this section, shall collect and report to the Secretary on an annual basis the following: ``(A) The number of participants enrolled in the educational or career training program. ``(E) The rate of job placement of participants in the offshore wind industry or related fields. ``(i) Identification of Educational and Career Training Needs.--Not later than 120 days after the date of the enactment of this section, the Secretary, in consultation with the offshore wind industry, eligible entities, including eligible entities that are community colleges, State and local governments, labor organizations, and nonprofit organizations, shall identify the educational and career training needs of such industry, including needs related to construction and installation, engineering, manufacturing, operation, and maintenance activities relevant to the offshore wind industry. ``(j) Guidelines.--Not later than 240 days after the date of the enactment of this section, the Secretary shall-- ``(1) promulgate guidelines for the submission of grant proposals under this section, including a list of the educational and career training needs identified under subsection (i); and ``(2) publish and maintain such guidelines on a public website of the Secretary. ``(l) Authorization of Appropriations.--There are authorized to be appropriated for purposes of this section $25,000,000 for each of fiscal years 2022 through 2026. ``(2) Eligible entity.--The term `eligible entity' means an entity that is-- ``(A) an institution of higher education, as such term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); or ``(B) a labor organization.

To establish an offshore wind career training grant program, and for other purposes. OFFSHORE WIND CAREER TRAINING GRANT PROGRAM. ``(d) Use of Grant.--An eligible entity may use a grant awarded under this section for the following activities: ``(1) Occupational skills training, including curriculum development, on-the-job training, and classroom training. ``(2) Safety and health training. ``(5) Internship programs in a field related to offshore wind energy. ``(10) Development and support of offshore wind energy major, minor, or certificate programs. ``(3) Geographic distribution.--The Secretary shall, to the extent practicable, award grants under this section in a manner that provides for a reasonable geographic distribution, except that the Secretary shall not be required to award grants equally among different regions of the United States. ``(h) Grantee Data Collection.-- ``(1) In general.--A grantee, with respect to the educational or career training program for which the grantee received a grant under this section, shall collect and report to the Secretary on an annual basis the following: ``(A) The number of participants enrolled in the educational or career training program. ``(F) The rate of employment retention-- ``(i) if the eligible entity is not an institution of higher education, 1 year after completion of the educational or career training program; or ``(ii) if the eligible entity is an institution of higher education, 1 year after completion of the educational or career training program or 1 year after the participant is no longer enrolled in such institution of higher education, whichever is later. ``(j) Guidelines.--Not later than 240 days after the date of the enactment of this section, the Secretary shall-- ``(1) promulgate guidelines for the submission of grant proposals under this section, including a list of the educational and career training needs identified under subsection (i); and ``(2) publish and maintain such guidelines on a public website of the Secretary. The report shall include a description of the grantees and the activities for which grantees used a grant awarded under this section. ``(2) Eligible entity.--The term `eligible entity' means an entity that is-- ``(A) an institution of higher education, as such term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); or ``(B) a labor organization.

To establish an offshore wind career training grant program, and for other purposes. ``(b) Allocation of Grants.-- ``(1) Limitation on grant quantity and size.--An eligible entity may not be awarded-- ``(A) more than one grant under this section for which the eligible entity is the lead applicant; or ``(B) a grant under this section in excess of $2,500,000. ``(c) Partnerships.--An eligible entity seeking to receive a grant under this section may partner with one or more of the following: ``(1) Another eligible entity (including an eligible entity that is a community college). ``(d) Use of Grant.--An eligible entity may use a grant awarded under this section for the following activities: ``(1) Occupational skills training, including curriculum development, on-the-job training, and classroom training. ``(2) Safety and health training. ``(e) Grant Proposals.-- ``(1) Submission procedure for grant proposals.--An eligible entity seeking to receive a grant under this section shall submit a grant proposal to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(3) Geographic distribution.--The Secretary shall, to the extent practicable, award grants under this section in a manner that provides for a reasonable geographic distribution, except that the Secretary shall not be required to award grants equally among different regions of the United States. ``(g) Matching Requirements.--A grant awarded under this section may not be used to satisfy any non-Federal funds matching requirement under any other provision of law. ``(h) Grantee Data Collection.-- ``(1) In general.--A grantee, with respect to the educational or career training program for which the grantee received a grant under this section, shall collect and report to the Secretary on an annual basis the following: ``(A) The number of participants enrolled in the educational or career training program. ``(E) The rate of job placement of participants in the offshore wind industry or related fields. ``(i) Identification of Educational and Career Training Needs.--Not later than 120 days after the date of the enactment of this section, the Secretary, in consultation with the offshore wind industry, eligible entities, including eligible entities that are community colleges, State and local governments, labor organizations, and nonprofit organizations, shall identify the educational and career training needs of such industry, including needs related to construction and installation, engineering, manufacturing, operation, and maintenance activities relevant to the offshore wind industry. ``(j) Guidelines.--Not later than 240 days after the date of the enactment of this section, the Secretary shall-- ``(1) promulgate guidelines for the submission of grant proposals under this section, including a list of the educational and career training needs identified under subsection (i); and ``(2) publish and maintain such guidelines on a public website of the Secretary. ``(l) Authorization of Appropriations.--There are authorized to be appropriated for purposes of this section $25,000,000 for each of fiscal years 2022 through 2026. ``(2) Eligible entity.--The term `eligible entity' means an entity that is-- ``(A) an institution of higher education, as such term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); or ``(B) a labor organization.

To establish an offshore wind career training grant program, and for other purposes. OFFSHORE WIND CAREER TRAINING GRANT PROGRAM. ``(d) Use of Grant.--An eligible entity may use a grant awarded under this section for the following activities: ``(1) Occupational skills training, including curriculum development, on-the-job training, and classroom training. ``(2) Safety and health training. ``(5) Internship programs in a field related to offshore wind energy. ``(10) Development and support of offshore wind energy major, minor, or certificate programs. ``(3) Geographic distribution.--The Secretary shall, to the extent practicable, award grants under this section in a manner that provides for a reasonable geographic distribution, except that the Secretary shall not be required to award grants equally among different regions of the United States. ``(h) Grantee Data Collection.-- ``(1) In general.--A grantee, with respect to the educational or career training program for which the grantee received a grant under this section, shall collect and report to the Secretary on an annual basis the following: ``(A) The number of participants enrolled in the educational or career training program. ``(F) The rate of employment retention-- ``(i) if the eligible entity is not an institution of higher education, 1 year after completion of the educational or career training program; or ``(ii) if the eligible entity is an institution of higher education, 1 year after completion of the educational or career training program or 1 year after the participant is no longer enrolled in such institution of higher education, whichever is later. ``(j) Guidelines.--Not later than 240 days after the date of the enactment of this section, the Secretary shall-- ``(1) promulgate guidelines for the submission of grant proposals under this section, including a list of the educational and career training needs identified under subsection (i); and ``(2) publish and maintain such guidelines on a public website of the Secretary. The report shall include a description of the grantees and the activities for which grantees used a grant awarded under this section. ``(2) Eligible entity.--The term `eligible entity' means an entity that is-- ``(A) an institution of higher education, as such term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); or ``(B) a labor organization.

To establish an offshore wind career training grant program, and for other purposes. ``(c) Partnerships.--An eligible entity seeking to receive a grant under this section may partner with one or more of the following: ``(1) Another eligible entity (including an eligible entity that is a community college). ``(h) Grantee Data Collection.-- ``(1) In general.--A grantee, with respect to the educational or career training program for which the grantee received a grant under this section, shall collect and report to the Secretary on an annual basis the following: ``(A) The number of participants enrolled in the educational or career training program. ``(j) Guidelines.--Not later than 240 days after the date of the enactment of this section, the Secretary shall-- ``(1) promulgate guidelines for the submission of grant proposals under this section, including a list of the educational and career training needs identified under subsection (i); and ``(2) publish and maintain such guidelines on a public website of the Secretary. ``(2) Eligible entity.--The term `eligible entity' means an entity that is-- ``(A) an institution of higher education, as such term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); or ``(B) a labor organization.

To establish an offshore wind career training grant program, and for other purposes. OFFSHORE WIND CAREER TRAINING GRANT PROGRAM. ``(d) Use of Grant.--An eligible entity may use a grant awarded under this section for the following activities: ``(1) Occupational skills training, including curriculum development, on-the-job training, and classroom training. ``(2) Safety and health training. ``(5) Internship programs in a field related to offshore wind energy. ``(10) Development and support of offshore wind energy major, minor, or certificate programs. ``(3) Geographic distribution.--The Secretary shall, to the extent practicable, award grants under this section in a manner that provides for a reasonable geographic distribution, except that the Secretary shall not be required to award grants equally among different regions of the United States. ``(h) Grantee Data Collection.-- ``(1) In general.--A grantee, with respect to the educational or career training program for which the grantee received a grant under this section, shall collect and report to the Secretary on an annual basis the following: ``(A) The number of participants enrolled in the educational or career training program. ``(F) The rate of employment retention-- ``(i) if the eligible entity is not an institution of higher education, 1 year after completion of the educational or career training program; or ``(ii) if the eligible entity is an institution of higher education, 1 year after completion of the educational or career training program or 1 year after the participant is no longer enrolled in such institution of higher education, whichever is later. ``(j) Guidelines.--Not later than 240 days after the date of the enactment of this section, the Secretary shall-- ``(1) promulgate guidelines for the submission of grant proposals under this section, including a list of the educational and career training needs identified under subsection (i); and ``(2) publish and maintain such guidelines on a public website of the Secretary. The report shall include a description of the grantees and the activities for which grantees used a grant awarded under this section. ``(2) Eligible entity.--The term `eligible entity' means an entity that is-- ``(A) an institution of higher education, as such term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); or ``(B) a labor organization.

To establish an offshore wind career training grant program, and for other purposes. ``(c) Partnerships.--An eligible entity seeking to receive a grant under this section may partner with one or more of the following: ``(1) Another eligible entity (including an eligible entity that is a community college). ``(h) Grantee Data Collection.-- ``(1) In general.--A grantee, with respect to the educational or career training program for which the grantee received a grant under this section, shall collect and report to the Secretary on an annual basis the following: ``(A) The number of participants enrolled in the educational or career training program. ``(j) Guidelines.--Not later than 240 days after the date of the enactment of this section, the Secretary shall-- ``(1) promulgate guidelines for the submission of grant proposals under this section, including a list of the educational and career training needs identified under subsection (i); and ``(2) publish and maintain such guidelines on a public website of the Secretary. ``(2) Eligible entity.--The term `eligible entity' means an entity that is-- ``(A) an institution of higher education, as such term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); or ``(B) a labor organization.

Offshore Wind Jobs and Opportunity Act - Amends the Outer Continental Shelf Lands Act to authorize the Secretary of the Interior to award offshore wind career training grants to eligible entities for the purpose of developing, offering, or improving educational or career training programs that provide individuals in such programs skills necessary for employment in the offshore wind industry. (Currently, the Secretary may only award such grants to state Directs the Secretary of the Interior, in consultation with the offshore wind industry, to: (1) identify the educational and career training needs of the industry, including needs related to construction and installation, engineering, manufacturing, operation, and maintenance activities relevant to the industry; (2) promulgate guidelines for the submission of grant proposals; and (3) publish and maintain such guidelines on

H.R.4130

Commerce

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

To amend title 17, United States Code, to provide fair treatment of radio stations and artists for the use of sound recordings, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``American Music Fairness Act of 2022''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Equitable treatment for terrestrial broadcasts and internet services. Sec. 3. Timing of proceedings under sections 112(e) and 114(f). Sec. 4. Special protection for small broadcasters. Sec. 5. Distribution of certain royalties. Sec. 6. No harmful effects on songwriters. Sec. 7. Value of promotion taken into account. SEC. 2. EQUITABLE TREATMENT FOR TERRESTRIAL BROADCASTS AND INTERNET SERVICES. (a) Performance Right Applicable to Audio Transmissions Generally.--Paragraph (6) of section 106 of title 17, United States Code, is amended to read as follows: ``(6) in the case of sound recordings, to perform the copyrighted work publicly by means of an audio transmission.''. (b) Inclusion of Terrestrial Broadcasts in Existing Performance Right and Statutory License.--Section 114(d)(1) of title 17, United States Code, is amended-- (1) in the matter preceding subparagraph (A), by striking ``a digital'' and inserting ``an''; (2) by striking subparagraph (A); (3) by redesignating subparagraphs (B) and (C) as (A) and (B), respectively; and (4) in subparagraph (A), as redesignated by paragraph (3), by striking ``nonsubscription'' each place such term appears and inserting ``licensed nonsubscription''. (c) Technical and Conforming Amendments.-- (1) Definition.--Section 101 of title 17, United States Code, is amended by inserting after the definition of ``architectural work'' the following: ``An ``audio transmission'' is a transmission of a sound recording, whether in a digital, analog, or other format. This term does not include the transmission of any audiovisual work.''. (2) Conforming removal of digital.--Title 17, United States Code, is amended-- (A) in section 112(e)(8), by striking ``a digital audio transmission'' and inserting ``an audio transmission''; (B) in section 114-- (i) in subsection (d)-- (I) in paragraph (2)-- (aa) in the matter preceding subparagraph (A), by striking ``subscription digital'' and inserting ``subscription''; and (bb) in subparagraph (C)(viii), by striking ``digital signal'' and inserting ``signal''; and (II) in paragraph (4)-- (aa) in subparagraph (A), by striking ``a digital audio transmission'' and inserting ``an audio transmission''; and (bb) in subparagraph (B)(i), by striking ``a digital audio transmission'' and inserting ``an audio transmission''; (ii) in subsection (g)(2)(A), by striking ``a digital'' and inserting ``an''; and (iii) in subsection (j)-- (I) in paragraph (6)-- (aa) by striking ``digital''; and (bb) by striking ``retransmissions of broadcast transmissions'' and inserting ``broadcast transmissions and retransmissions of broadcast transmissions''; and (II) in paragraph (8), by striking ``subscription digital'' and inserting ``subscription''; and (C) in section 1401-- (i) in subsection (b), by striking ``a digital audio'' and inserting ``an audio''; and (ii) in subsection (d)-- (I) in paragraph (1), by striking ``a digital audio'' and inserting ``an audio''; (II) in paragraph (2)(A), by striking ``a digital audio'' and inserting ``an audio''; and (III) in paragraph (4)(A), by striking ``a digital audio'' and inserting ``an audio''. SEC. 3. TIMING OF PROCEEDINGS UNDER SECTIONS 112(E) AND 114(F). Paragraph (3) of section 804(b) of title 17, United States Code, is amended by adding at the end the following new subparagraph: ``(D) A proceeding under this chapter shall be commenced as soon as practicable after the date of the enactment of this subparagraph to determine royalty rates and terms for nonsubscription broadcast transmissions, to be effective for the period beginning on such date of enactment, and ending on December 31, 2028. Any payment due under section 114(f)(1)(D) shall not be due until the due date of the first royalty payments for nonsubscription broadcast transmissions that are determined, after the date of the enactment of this subparagraph, by the Copyright Royalty Judges. Thereafter, such proceeding shall be repeated in each subsequent fifth calendar year.''. SEC. 4. SPECIAL PROTECTION FOR SMALL BROADCASTERS. (a) Specified Royalty Fees.--Section 114(f)(1) of title 17, United States Code, is amended by inserting at the end the following new subparagraph: ``(D)(i) Notwithstanding the provisions of subparagraphs (A) through (C), the royalty rate shall be as follows for nonsubscription broadcast transmissions by each individual terrestrial broadcast station licensed as such by the Federal Communications Commission that satisfies the conditions in clause (ii)-- ``(I) $10 per calendar year, in the case of nonsubscription broadcast transmissions by a broadcast station that generated revenue in the immediately preceding calendar year of less than $100,000; ``(II) $100 per calendar year, in the case of nonsubscription broadcast transmissions by a broadcast station that is a public broadcasting entity as defined in section 118(f) and generated revenue in the immediately preceding calendar year of $100,000 or more, but less than $1,500,000; and ``(III) $500 per calendar year, in the case of nonsubscription broadcast transmissions by a broadcast station that is not a public broadcasting entity as defined in section 118(f) and generated revenue in the immediately preceding calendar year of $100,000 or more, but less than $1,500,000. ``(ii) An individual terrestrial broadcast station licensed as such by the Federal Communications Commission is eligible for a royalty rate set forth in clause (i) if-- ``(I) the revenue from the operation of that individual station was less than $1,500,000 during the immediately preceding calendar year; ``(II) the aggregate revenue of the owner and operator of the broadcast station and any person directly or indirectly controlling, controlled by, or under common control with such owner or operator, from any source, was less than $10,000,000 during the immediately preceding calendar year; and ``(III) the owner or operator of the broadcast station provides to the nonprofit collective designated by the Copyright Royalty Judges to distribute receipts from the licensing of transmissions in accordance with subsection (f), by no later than January 31 of the relevant calendar year, a written and signed certification of the station's eligibility under this clause and the applicable subclause of clause (i), in accordance with requirements the Copyright Royalty Judges shall prescribe by regulation. ``(iii) For purposes of clauses (i) and (ii)-- ``(I) revenue shall be calculated in accordance with generally accepted accounting principles; ``(II) revenue generated by a terrestrial broadcast station shall include all revenue from the operation of the station, from any source; and ``(III) in the case of affiliated broadcast stations, revenue shall be allocated reasonably to individual stations associated with the revenue. ``(iv) The royalty rates specified in clause (i) shall not be admissible as evidence or otherwise taken into account in determining royalty rates in a proceeding under chapter 8, or in any other administrative, judicial, or other Federal Government proceeding involving the setting or adjustment of the royalties payable for the public performance or reproduction in ephemeral phonorecords or copies of sound recordings, the determination of terms or conditions related thereto, or the establishment of notice or recordkeeping requirements.''. (b) Technical Correction.--Section 118(f) of title 17, United States Code, is amended by striking ``section 397 of title 47'' and inserting ``section 397 of the Communications Act of 1934 (47 U.S.C. 397)''. SEC. 5. DISTRIBUTION OF CERTAIN ROYALTIES. Section 114(g) of title 17, United States Code, is amended-- (1) in paragraph (1), by inserting ``or in the case of a transmission to which paragraph (5) applies'' after ``this section''; (2) by redesignating paragraphs (5), (6), and (7) as (6), (7), and (8), respectively; and (3) by inserting after paragraph (4) the following new paragraph: ``(5) Notwithstanding paragraph (1), to the extent that a license granted by the copyright owner of a sound recording to a transmitting entity eligible for a statutory license under subsection (d)(2) extends to such entity's transmissions otherwise licensable under a statutory license in accordance with subsection (f), such entity shall pay to the collective designated to distribute statutory licensing receipts from the licensing of transmissions in accordance with subsection (f), 50 percent of the total royalties that such entity is required, pursuant to the applicable license agreement, to pay for such transmissions otherwise licensable under a statutory license in accordance with subsection (f). That collective shall distribute such payments in proportion to the distributions provided in subparagraphs (B) through (D) of paragraph (2), and such payments shall be the only payments to which featured and nonfeatured artists are entitled by virtue of such transmissions under the direct license with such entity.''. SEC. 6. NO HARMFUL EFFECTS ON SONGWRITERS. Nothing in this Act, or the amendments made by this Act, shall adversely affect in any respect the public performance rights of or royalties payable to songwriters or copyright owners of musical works. SEC. 7. VALUE OF PROMOTION TAKEN INTO ACCOUNT. Pursuant to section 114(f)(1)(B) of title 17, United States Code, in determining rates and terms for terrestrial broadcast radio stations under this Act, and the amendments made by this Act, the Copyright Royalty Judges shall base their decision on economic, competitive, and programming information presented by the parties, including whether use of the station's service may substitute for or may promote the sales of phonorecords or otherwise may interfere with or may enhance the sound recording copyright owner's other streams of revenue from the copyright owner's sound recordings. Union Calendar No. 509 117th CONGRESS 2d Session H. R. 4130 [Report No. 117-693] _______________________________________________________________________

American Music Fairness Act of 2022

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

American Music Fairness Act of 2022 American Music Fairness Act

Rep. Deutch, Theodore E.

D

FL

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

(b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Timing of proceedings under sections 112(e) and 114(f). Distribution of certain royalties. Sec. Value of promotion taken into account. (2) Conforming removal of digital.--Title 17, United States Code, is amended-- (A) in section 112(e)(8), by striking ``a digital audio transmission'' and inserting ``an audio transmission''; (B) in section 114-- (i) in subsection (d)-- (I) in paragraph (2)-- (aa) in the matter preceding subparagraph (A), by striking ``subscription digital'' and inserting ``subscription''; and (bb) in subparagraph (C)(viii), by striking ``digital signal'' and inserting ``signal''; and (II) in paragraph (4)-- (aa) in subparagraph (A), by striking ``a digital audio transmission'' and inserting ``an audio transmission''; and (bb) in subparagraph (B)(i), by striking ``a digital audio transmission'' and inserting ``an audio transmission''; (ii) in subsection (g)(2)(A), by striking ``a digital'' and inserting ``an''; and (iii) in subsection (j)-- (I) in paragraph (6)-- (aa) by striking ``digital''; and (bb) by striking ``retransmissions of broadcast transmissions'' and inserting ``broadcast transmissions and retransmissions of broadcast transmissions''; and (II) in paragraph (8), by striking ``subscription digital'' and inserting ``subscription''; and (C) in section 1401-- (i) in subsection (b), by striking ``a digital audio'' and inserting ``an audio''; and (ii) in subsection (d)-- (I) in paragraph (1), by striking ``a digital audio'' and inserting ``an audio''; (II) in paragraph (2)(A), by striking ``a digital audio'' and inserting ``an audio''; and (III) in paragraph (4)(A), by striking ``a digital audio'' and inserting ``an audio''. 3. ``(iii) For purposes of clauses (i) and (ii)-- ``(I) revenue shall be calculated in accordance with generally accepted accounting principles; ``(II) revenue generated by a terrestrial broadcast station shall include all revenue from the operation of the station, from any source; and ``(III) in the case of affiliated broadcast stations, revenue shall be allocated reasonably to individual stations associated with the revenue. 397)''. 5. Nothing in this Act, or the amendments made by this Act, shall adversely affect in any respect the public performance rights of or royalties payable to songwriters or copyright owners of musical works. 7. Union Calendar No.

(b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Timing of proceedings under sections 112(e) and 114(f). Distribution of certain royalties. Sec. Value of promotion taken into account. (2) Conforming removal of digital.--Title 17, United States Code, is amended-- (A) in section 112(e)(8), by striking ``a digital audio transmission'' and inserting ``an audio transmission''; (B) in section 114-- (i) in subsection (d)-- (I) in paragraph (2)-- (aa) in the matter preceding subparagraph (A), by striking ``subscription digital'' and inserting ``subscription''; and (bb) in subparagraph (C)(viii), by striking ``digital signal'' and inserting ``signal''; and (II) in paragraph (4)-- (aa) in subparagraph (A), by striking ``a digital audio transmission'' and inserting ``an audio transmission''; and (bb) in subparagraph (B)(i), by striking ``a digital audio transmission'' and inserting ``an audio transmission''; (ii) in subsection (g)(2)(A), by striking ``a digital'' and inserting ``an''; and (iii) in subsection (j)-- (I) in paragraph (6)-- (aa) by striking ``digital''; and (bb) by striking ``retransmissions of broadcast transmissions'' and inserting ``broadcast transmissions and retransmissions of broadcast transmissions''; and (II) in paragraph (8), by striking ``subscription digital'' and inserting ``subscription''; and (C) in section 1401-- (i) in subsection (b), by striking ``a digital audio'' and inserting ``an audio''; and (ii) in subsection (d)-- (I) in paragraph (1), by striking ``a digital audio'' and inserting ``an audio''; (II) in paragraph (2)(A), by striking ``a digital audio'' and inserting ``an audio''; and (III) in paragraph (4)(A), by striking ``a digital audio'' and inserting ``an audio''. 3. ``(iii) For purposes of clauses (i) and (ii)-- ``(I) revenue shall be calculated in accordance with generally accepted accounting principles; ``(II) revenue generated by a terrestrial broadcast station shall include all revenue from the operation of the station, from any source; and ``(III) in the case of affiliated broadcast stations, revenue shall be allocated reasonably to individual stations associated with the revenue. 397)''. 5. Nothing in this Act, or the amendments made by this Act, shall adversely affect in any respect the public performance rights of or royalties payable to songwriters or copyright owners of musical works. 7. Union Calendar No.

(b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Equitable treatment for terrestrial broadcasts and internet services. Timing of proceedings under sections 112(e) and 114(f). Special protection for small broadcasters. Distribution of certain royalties. No harmful effects on songwriters. Sec. Value of promotion taken into account. (2) Conforming removal of digital.--Title 17, United States Code, is amended-- (A) in section 112(e)(8), by striking ``a digital audio transmission'' and inserting ``an audio transmission''; (B) in section 114-- (i) in subsection (d)-- (I) in paragraph (2)-- (aa) in the matter preceding subparagraph (A), by striking ``subscription digital'' and inserting ``subscription''; and (bb) in subparagraph (C)(viii), by striking ``digital signal'' and inserting ``signal''; and (II) in paragraph (4)-- (aa) in subparagraph (A), by striking ``a digital audio transmission'' and inserting ``an audio transmission''; and (bb) in subparagraph (B)(i), by striking ``a digital audio transmission'' and inserting ``an audio transmission''; (ii) in subsection (g)(2)(A), by striking ``a digital'' and inserting ``an''; and (iii) in subsection (j)-- (I) in paragraph (6)-- (aa) by striking ``digital''; and (bb) by striking ``retransmissions of broadcast transmissions'' and inserting ``broadcast transmissions and retransmissions of broadcast transmissions''; and (II) in paragraph (8), by striking ``subscription digital'' and inserting ``subscription''; and (C) in section 1401-- (i) in subsection (b), by striking ``a digital audio'' and inserting ``an audio''; and (ii) in subsection (d)-- (I) in paragraph (1), by striking ``a digital audio'' and inserting ``an audio''; (II) in paragraph (2)(A), by striking ``a digital audio'' and inserting ``an audio''; and (III) in paragraph (4)(A), by striking ``a digital audio'' and inserting ``an audio''. 3. (a) Specified Royalty Fees.--Section 114(f)(1) of title 17, United States Code, is amended by inserting at the end the following new subparagraph: ``(D)(i) Notwithstanding the provisions of subparagraphs (A) through (C), the royalty rate shall be as follows for nonsubscription broadcast transmissions by each individual terrestrial broadcast station licensed as such by the Federal Communications Commission that satisfies the conditions in clause (ii)-- ``(I) $10 per calendar year, in the case of nonsubscription broadcast transmissions by a broadcast station that generated revenue in the immediately preceding calendar year of less than $100,000; ``(II) $100 per calendar year, in the case of nonsubscription broadcast transmissions by a broadcast station that is a public broadcasting entity as defined in section 118(f) and generated revenue in the immediately preceding calendar year of $100,000 or more, but less than $1,500,000; and ``(III) $500 per calendar year, in the case of nonsubscription broadcast transmissions by a broadcast station that is not a public broadcasting entity as defined in section 118(f) and generated revenue in the immediately preceding calendar year of $100,000 or more, but less than $1,500,000. ``(iii) For purposes of clauses (i) and (ii)-- ``(I) revenue shall be calculated in accordance with generally accepted accounting principles; ``(II) revenue generated by a terrestrial broadcast station shall include all revenue from the operation of the station, from any source; and ``(III) in the case of affiliated broadcast stations, revenue shall be allocated reasonably to individual stations associated with the revenue. 397)''. 5. That collective shall distribute such payments in proportion to the distributions provided in subparagraphs (B) through (D) of paragraph (2), and such payments shall be the only payments to which featured and nonfeatured artists are entitled by virtue of such transmissions under the direct license with such entity.''. Nothing in this Act, or the amendments made by this Act, shall adversely affect in any respect the public performance rights of or royalties payable to songwriters or copyright owners of musical works. 7. Pursuant to section 114(f)(1)(B) of title 17, United States Code, in determining rates and terms for terrestrial broadcast radio stations under this Act, and the amendments made by this Act, the Copyright Royalty Judges shall base their decision on economic, competitive, and programming information presented by the parties, including whether use of the station's service may substitute for or may promote the sales of phonorecords or otherwise may interfere with or may enhance the sound recording copyright owner's other streams of revenue from the copyright owner's sound recordings. Union Calendar No. 509 117th CONGRESS 2d Session H. R. 4130 [Report No. 117-693] _______________________________________________________________________

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. (a) Short Title.--This Act may be cited as the ``American Music Fairness Act of 2022''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Equitable treatment for terrestrial broadcasts and internet services. Timing of proceedings under sections 112(e) and 114(f). Special protection for small broadcasters. Distribution of certain royalties. No harmful effects on songwriters. Sec. Value of promotion taken into account. (2) Conforming removal of digital.--Title 17, United States Code, is amended-- (A) in section 112(e)(8), by striking ``a digital audio transmission'' and inserting ``an audio transmission''; (B) in section 114-- (i) in subsection (d)-- (I) in paragraph (2)-- (aa) in the matter preceding subparagraph (A), by striking ``subscription digital'' and inserting ``subscription''; and (bb) in subparagraph (C)(viii), by striking ``digital signal'' and inserting ``signal''; and (II) in paragraph (4)-- (aa) in subparagraph (A), by striking ``a digital audio transmission'' and inserting ``an audio transmission''; and (bb) in subparagraph (B)(i), by striking ``a digital audio transmission'' and inserting ``an audio transmission''; (ii) in subsection (g)(2)(A), by striking ``a digital'' and inserting ``an''; and (iii) in subsection (j)-- (I) in paragraph (6)-- (aa) by striking ``digital''; and (bb) by striking ``retransmissions of broadcast transmissions'' and inserting ``broadcast transmissions and retransmissions of broadcast transmissions''; and (II) in paragraph (8), by striking ``subscription digital'' and inserting ``subscription''; and (C) in section 1401-- (i) in subsection (b), by striking ``a digital audio'' and inserting ``an audio''; and (ii) in subsection (d)-- (I) in paragraph (1), by striking ``a digital audio'' and inserting ``an audio''; (II) in paragraph (2)(A), by striking ``a digital audio'' and inserting ``an audio''; and (III) in paragraph (4)(A), by striking ``a digital audio'' and inserting ``an audio''. 3. Any payment due under section 114(f)(1)(D) shall not be due until the due date of the first royalty payments for nonsubscription broadcast transmissions that are determined, after the date of the enactment of this subparagraph, by the Copyright Royalty Judges. Thereafter, such proceeding shall be repeated in each subsequent fifth calendar year.''. (a) Specified Royalty Fees.--Section 114(f)(1) of title 17, United States Code, is amended by inserting at the end the following new subparagraph: ``(D)(i) Notwithstanding the provisions of subparagraphs (A) through (C), the royalty rate shall be as follows for nonsubscription broadcast transmissions by each individual terrestrial broadcast station licensed as such by the Federal Communications Commission that satisfies the conditions in clause (ii)-- ``(I) $10 per calendar year, in the case of nonsubscription broadcast transmissions by a broadcast station that generated revenue in the immediately preceding calendar year of less than $100,000; ``(II) $100 per calendar year, in the case of nonsubscription broadcast transmissions by a broadcast station that is a public broadcasting entity as defined in section 118(f) and generated revenue in the immediately preceding calendar year of $100,000 or more, but less than $1,500,000; and ``(III) $500 per calendar year, in the case of nonsubscription broadcast transmissions by a broadcast station that is not a public broadcasting entity as defined in section 118(f) and generated revenue in the immediately preceding calendar year of $100,000 or more, but less than $1,500,000. ``(iii) For purposes of clauses (i) and (ii)-- ``(I) revenue shall be calculated in accordance with generally accepted accounting principles; ``(II) revenue generated by a terrestrial broadcast station shall include all revenue from the operation of the station, from any source; and ``(III) in the case of affiliated broadcast stations, revenue shall be allocated reasonably to individual stations associated with the revenue. 397)''. 5. Section 114(g) of title 17, United States Code, is amended-- (1) in paragraph (1), by inserting ``or in the case of a transmission to which paragraph (5) applies'' after ``this section''; (2) by redesignating paragraphs (5), (6), and (7) as (6), (7), and (8), respectively; and (3) by inserting after paragraph (4) the following new paragraph: ``(5) Notwithstanding paragraph (1), to the extent that a license granted by the copyright owner of a sound recording to a transmitting entity eligible for a statutory license under subsection (d)(2) extends to such entity's transmissions otherwise licensable under a statutory license in accordance with subsection (f), such entity shall pay to the collective designated to distribute statutory licensing receipts from the licensing of transmissions in accordance with subsection (f), 50 percent of the total royalties that such entity is required, pursuant to the applicable license agreement, to pay for such transmissions otherwise licensable under a statutory license in accordance with subsection (f). That collective shall distribute such payments in proportion to the distributions provided in subparagraphs (B) through (D) of paragraph (2), and such payments shall be the only payments to which featured and nonfeatured artists are entitled by virtue of such transmissions under the direct license with such entity.''. Nothing in this Act, or the amendments made by this Act, shall adversely affect in any respect the public performance rights of or royalties payable to songwriters or copyright owners of musical works. 7. Pursuant to section 114(f)(1)(B) of title 17, United States Code, in determining rates and terms for terrestrial broadcast radio stations under this Act, and the amendments made by this Act, the Copyright Royalty Judges shall base their decision on economic, competitive, and programming information presented by the parties, including whether use of the station's service may substitute for or may promote the sales of phonorecords or otherwise may interfere with or may enhance the sound recording copyright owner's other streams of revenue from the copyright owner's sound recordings. Union Calendar No. 509 117th CONGRESS 2d Session H. R. 4130 [Report No. 117-693] _______________________________________________________________________

To amend title 17, United States Code, to provide fair treatment of radio stations and artists for the use of sound recordings, and for other purposes. Equitable treatment for terrestrial broadcasts and internet services. a) Performance Right Applicable to Audio Transmissions Generally.--Paragraph (6) of section 106 of title 17, United States Code, is amended to read as follows: ``(6) in the case of sound recordings, to perform the copyrighted work publicly by means of an audio transmission.''. (b) Inclusion of Terrestrial Broadcasts in Existing Performance Right and Statutory License.--Section 114(d)(1) of title 17, United States Code, is amended-- (1) in the matter preceding subparagraph (A), by striking ``a digital'' and inserting ``an''; (2) by striking subparagraph (A); (3) by redesignating subparagraphs (B) and (C) as (A) and (B), respectively; and (4) in subparagraph (A), as redesignated by paragraph (3), by striking ``nonsubscription'' each place such term appears and inserting ``licensed nonsubscription''. ( c) Technical and Conforming Amendments.-- (1) Definition.--Section 101 of title 17, United States Code, is amended by inserting after the definition of ``architectural work'' the following: ``An ``audio transmission'' is a transmission of a sound recording, whether in a digital, analog, or other format. TIMING OF PROCEEDINGS UNDER SECTIONS 112(E) AND 114(F). Paragraph (3) of section 804(b) of title 17, United States Code, is amended by adding at the end the following new subparagraph: ``(D) A proceeding under this chapter shall be commenced as soon as practicable after the date of the enactment of this subparagraph to determine royalty rates and terms for nonsubscription broadcast transmissions, to be effective for the period beginning on such date of enactment, and ending on December 31, 2028. Any payment due under section 114(f)(1)(D) shall not be due until the due date of the first royalty payments for nonsubscription broadcast transmissions that are determined, after the date of the enactment of this subparagraph, by the Copyright Royalty Judges. ``(iii) For purposes of clauses (i) and (ii)-- ``(I) revenue shall be calculated in accordance with generally accepted accounting principles; ``(II) revenue generated by a terrestrial broadcast station shall include all revenue from the operation of the station, from any source; and ``(III) in the case of affiliated broadcast stations, revenue shall be allocated reasonably to individual stations associated with the revenue. ``(iv) The royalty rates specified in clause (i) shall not be admissible as evidence or otherwise taken into account in determining royalty rates in a proceeding under chapter 8, or in any other administrative, judicial, or other Federal Government proceeding involving the setting or adjustment of the royalties payable for the public performance or reproduction in ephemeral phonorecords or copies of sound recordings, the determination of terms or conditions related thereto, or the establishment of notice or recordkeeping requirements.''. ( b) Technical Correction.--Section 118(f) of title 17, United States Code, is amended by striking ``section 397 of title 47'' and inserting ``section 397 of the Communications Act of 1934 (47 U.S.C. 397)''. That collective shall distribute such payments in proportion to the distributions provided in subparagraphs (B) through (D) of paragraph (2), and such payments shall be the only payments to which featured and nonfeatured artists are entitled by virtue of such transmissions under the direct license with such entity.''. NO HARMFUL EFFECTS ON SONGWRITERS. VALUE OF PROMOTION TAKEN INTO ACCOUNT. Pursuant to section 114(f)(1)(B) of title 17, United States Code, in determining rates and terms for terrestrial broadcast radio stations under this Act, and the amendments made by this Act, the Copyright Royalty Judges shall base their decision on economic, competitive, and programming information presented by the parties, including whether use of the station's service may substitute for or may promote the sales of phonorecords or otherwise may interfere with or may enhance the sound recording copyright owner's other streams of revenue from the copyright owner's sound recordings.

To amend title 17, United States Code, to provide fair treatment of radio stations and artists for the use of sound recordings, and for other purposes. Equitable treatment for terrestrial broadcasts and internet services. Value of promotion taken into account. a) Performance Right Applicable to Audio Transmissions Generally.--Paragraph (6) of section 106 of title 17, United States Code, is amended to read as follows: ``(6) in the case of sound recordings, to perform the copyrighted work publicly by means of an audio transmission.''. ( TIMING OF PROCEEDINGS UNDER SECTIONS 112(E) AND 114(F). Paragraph (3) of section 804(b) of title 17, United States Code, is amended by adding at the end the following new subparagraph: ``(D) A proceeding under this chapter shall be commenced as soon as practicable after the date of the enactment of this subparagraph to determine royalty rates and terms for nonsubscription broadcast transmissions, to be effective for the period beginning on such date of enactment, and ending on December 31, 2028. ``(iii) For purposes of clauses (i) and (ii)-- ``(I) revenue shall be calculated in accordance with generally accepted accounting principles; ``(II) revenue generated by a terrestrial broadcast station shall include all revenue from the operation of the station, from any source; and ``(III) in the case of affiliated broadcast stations, revenue shall be allocated reasonably to individual stations associated with the revenue. b) Technical Correction.--Section 118(f) of title 17, United States Code, is amended by striking ``section 397 of title 47'' and inserting ``section 397 of the Communications Act of 1934 (47 U.S.C. 397)''. That collective shall distribute such payments in proportion to the distributions provided in subparagraphs (B) through (D) of paragraph (2), and such payments shall be the only payments to which featured and nonfeatured artists are entitled by virtue of such transmissions under the direct license with such entity.''. Pursuant to section 114(f)(1)(B) of title 17, United States Code, in determining rates and terms for terrestrial broadcast radio stations under this Act, and the amendments made by this Act, the Copyright Royalty Judges shall base their decision on economic, competitive, and programming information presented by the parties, including whether use of the station's service may substitute for or may promote the sales of phonorecords or otherwise may interfere with or may enhance the sound recording copyright owner's other streams of revenue from the copyright owner's sound recordings.

To amend title 17, United States Code, to provide fair treatment of radio stations and artists for the use of sound recordings, and for other purposes. Equitable treatment for terrestrial broadcasts and internet services. Value of promotion taken into account. a) Performance Right Applicable to Audio Transmissions Generally.--Paragraph (6) of section 106 of title 17, United States Code, is amended to read as follows: ``(6) in the case of sound recordings, to perform the copyrighted work publicly by means of an audio transmission.''. ( TIMING OF PROCEEDINGS UNDER SECTIONS 112(E) AND 114(F). Paragraph (3) of section 804(b) of title 17, United States Code, is amended by adding at the end the following new subparagraph: ``(D) A proceeding under this chapter shall be commenced as soon as practicable after the date of the enactment of this subparagraph to determine royalty rates and terms for nonsubscription broadcast transmissions, to be effective for the period beginning on such date of enactment, and ending on December 31, 2028. ``(iii) For purposes of clauses (i) and (ii)-- ``(I) revenue shall be calculated in accordance with generally accepted accounting principles; ``(II) revenue generated by a terrestrial broadcast station shall include all revenue from the operation of the station, from any source; and ``(III) in the case of affiliated broadcast stations, revenue shall be allocated reasonably to individual stations associated with the revenue. b) Technical Correction.--Section 118(f) of title 17, United States Code, is amended by striking ``section 397 of title 47'' and inserting ``section 397 of the Communications Act of 1934 (47 U.S.C. 397)''. That collective shall distribute such payments in proportion to the distributions provided in subparagraphs (B) through (D) of paragraph (2), and such payments shall be the only payments to which featured and nonfeatured artists are entitled by virtue of such transmissions under the direct license with such entity.''. Pursuant to section 114(f)(1)(B) of title 17, United States Code, in determining rates and terms for terrestrial broadcast radio stations under this Act, and the amendments made by this Act, the Copyright Royalty Judges shall base their decision on economic, competitive, and programming information presented by the parties, including whether use of the station's service may substitute for or may promote the sales of phonorecords or otherwise may interfere with or may enhance the sound recording copyright owner's other streams of revenue from the copyright owner's sound recordings.

To amend title 17, United States Code, to provide fair treatment of radio stations and artists for the use of sound recordings, and for other purposes. Equitable treatment for terrestrial broadcasts and internet services. a) Performance Right Applicable to Audio Transmissions Generally.--Paragraph (6) of section 106 of title 17, United States Code, is amended to read as follows: ``(6) in the case of sound recordings, to perform the copyrighted work publicly by means of an audio transmission.''. (b) Inclusion of Terrestrial Broadcasts in Existing Performance Right and Statutory License.--Section 114(d)(1) of title 17, United States Code, is amended-- (1) in the matter preceding subparagraph (A), by striking ``a digital'' and inserting ``an''; (2) by striking subparagraph (A); (3) by redesignating subparagraphs (B) and (C) as (A) and (B), respectively; and (4) in subparagraph (A), as redesignated by paragraph (3), by striking ``nonsubscription'' each place such term appears and inserting ``licensed nonsubscription''. ( c) Technical and Conforming Amendments.-- (1) Definition.--Section 101 of title 17, United States Code, is amended by inserting after the definition of ``architectural work'' the following: ``An ``audio transmission'' is a transmission of a sound recording, whether in a digital, analog, or other format. TIMING OF PROCEEDINGS UNDER SECTIONS 112(E) AND 114(F). Paragraph (3) of section 804(b) of title 17, United States Code, is amended by adding at the end the following new subparagraph: ``(D) A proceeding under this chapter shall be commenced as soon as practicable after the date of the enactment of this subparagraph to determine royalty rates and terms for nonsubscription broadcast transmissions, to be effective for the period beginning on such date of enactment, and ending on December 31, 2028. Any payment due under section 114(f)(1)(D) shall not be due until the due date of the first royalty payments for nonsubscription broadcast transmissions that are determined, after the date of the enactment of this subparagraph, by the Copyright Royalty Judges. ``(iii) For purposes of clauses (i) and (ii)-- ``(I) revenue shall be calculated in accordance with generally accepted accounting principles; ``(II) revenue generated by a terrestrial broadcast station shall include all revenue from the operation of the station, from any source; and ``(III) in the case of affiliated broadcast stations, revenue shall be allocated reasonably to individual stations associated with the revenue. ``(iv) The royalty rates specified in clause (i) shall not be admissible as evidence or otherwise taken into account in determining royalty rates in a proceeding under chapter 8, or in any other administrative, judicial, or other Federal Government proceeding involving the setting or adjustment of the royalties payable for the public performance or reproduction in ephemeral phonorecords or copies of sound recordings, the determination of terms or conditions related thereto, or the establishment of notice or recordkeeping requirements.''. ( b) Technical Correction.--Section 118(f) of title 17, United States Code, is amended by striking ``section 397 of title 47'' and inserting ``section 397 of the Communications Act of 1934 (47 U.S.C. 397)''. That collective shall distribute such payments in proportion to the distributions provided in subparagraphs (B) through (D) of paragraph (2), and such payments shall be the only payments to which featured and nonfeatured artists are entitled by virtue of such transmissions under the direct license with such entity.''. NO HARMFUL EFFECTS ON SONGWRITERS. VALUE OF PROMOTION TAKEN INTO ACCOUNT. Pursuant to section 114(f)(1)(B) of title 17, United States Code, in determining rates and terms for terrestrial broadcast radio stations under this Act, and the amendments made by this Act, the Copyright Royalty Judges shall base their decision on economic, competitive, and programming information presented by the parties, including whether use of the station's service may substitute for or may promote the sales of phonorecords or otherwise may interfere with or may enhance the sound recording copyright owner's other streams of revenue from the copyright owner's sound recordings.

To amend title 17, United States Code, to provide fair treatment of radio stations and artists for the use of sound recordings, and for other purposes. Equitable treatment for terrestrial broadcasts and internet services. Value of promotion taken into account. a) Performance Right Applicable to Audio Transmissions Generally.--Paragraph (6) of section 106 of title 17, United States Code, is amended to read as follows: ``(6) in the case of sound recordings, to perform the copyrighted work publicly by means of an audio transmission.''. ( TIMING OF PROCEEDINGS UNDER SECTIONS 112(E) AND 114(F). Paragraph (3) of section 804(b) of title 17, United States Code, is amended by adding at the end the following new subparagraph: ``(D) A proceeding under this chapter shall be commenced as soon as practicable after the date of the enactment of this subparagraph to determine royalty rates and terms for nonsubscription broadcast transmissions, to be effective for the period beginning on such date of enactment, and ending on December 31, 2028. ``(iii) For purposes of clauses (i) and (ii)-- ``(I) revenue shall be calculated in accordance with generally accepted accounting principles; ``(II) revenue generated by a terrestrial broadcast station shall include all revenue from the operation of the station, from any source; and ``(III) in the case of affiliated broadcast stations, revenue shall be allocated reasonably to individual stations associated with the revenue. b) Technical Correction.--Section 118(f) of title 17, United States Code, is amended by striking ``section 397 of title 47'' and inserting ``section 397 of the Communications Act of 1934 (47 U.S.C. 397)''. That collective shall distribute such payments in proportion to the distributions provided in subparagraphs (B) through (D) of paragraph (2), and such payments shall be the only payments to which featured and nonfeatured artists are entitled by virtue of such transmissions under the direct license with such entity.''. Pursuant to section 114(f)(1)(B) of title 17, United States Code, in determining rates and terms for terrestrial broadcast radio stations under this Act, and the amendments made by this Act, the Copyright Royalty Judges shall base their decision on economic, competitive, and programming information presented by the parties, including whether use of the station's service may substitute for or may promote the sales of phonorecords or otherwise may interfere with or may enhance the sound recording copyright owner's other streams of revenue from the copyright owner's sound recordings.

To amend title 17, United States Code, to provide fair treatment of radio stations and artists for the use of sound recordings, and for other purposes. Equitable treatment for terrestrial broadcasts and internet services. a) Performance Right Applicable to Audio Transmissions Generally.--Paragraph (6) of section 106 of title 17, United States Code, is amended to read as follows: ``(6) in the case of sound recordings, to perform the copyrighted work publicly by means of an audio transmission.''. (b) Inclusion of Terrestrial Broadcasts in Existing Performance Right and Statutory License.--Section 114(d)(1) of title 17, United States Code, is amended-- (1) in the matter preceding subparagraph (A), by striking ``a digital'' and inserting ``an''; (2) by striking subparagraph (A); (3) by redesignating subparagraphs (B) and (C) as (A) and (B), respectively; and (4) in subparagraph (A), as redesignated by paragraph (3), by striking ``nonsubscription'' each place such term appears and inserting ``licensed nonsubscription''. ( c) Technical and Conforming Amendments.-- (1) Definition.--Section 101 of title 17, United States Code, is amended by inserting after the definition of ``architectural work'' the following: ``An ``audio transmission'' is a transmission of a sound recording, whether in a digital, analog, or other format. TIMING OF PROCEEDINGS UNDER SECTIONS 112(E) AND 114(F). Paragraph (3) of section 804(b) of title 17, United States Code, is amended by adding at the end the following new subparagraph: ``(D) A proceeding under this chapter shall be commenced as soon as practicable after the date of the enactment of this subparagraph to determine royalty rates and terms for nonsubscription broadcast transmissions, to be effective for the period beginning on such date of enactment, and ending on December 31, 2028. Any payment due under section 114(f)(1)(D) shall not be due until the due date of the first royalty payments for nonsubscription broadcast transmissions that are determined, after the date of the enactment of this subparagraph, by the Copyright Royalty Judges. ``(iii) For purposes of clauses (i) and (ii)-- ``(I) revenue shall be calculated in accordance with generally accepted accounting principles; ``(II) revenue generated by a terrestrial broadcast station shall include all revenue from the operation of the station, from any source; and ``(III) in the case of affiliated broadcast stations, revenue shall be allocated reasonably to individual stations associated with the revenue. ``(iv) The royalty rates specified in clause (i) shall not be admissible as evidence or otherwise taken into account in determining royalty rates in a proceeding under chapter 8, or in any other administrative, judicial, or other Federal Government proceeding involving the setting or adjustment of the royalties payable for the public performance or reproduction in ephemeral phonorecords or copies of sound recordings, the determination of terms or conditions related thereto, or the establishment of notice or recordkeeping requirements.''. ( b) Technical Correction.--Section 118(f) of title 17, United States Code, is amended by striking ``section 397 of title 47'' and inserting ``section 397 of the Communications Act of 1934 (47 U.S.C. 397)''. That collective shall distribute such payments in proportion to the distributions provided in subparagraphs (B) through (D) of paragraph (2), and such payments shall be the only payments to which featured and nonfeatured artists are entitled by virtue of such transmissions under the direct license with such entity.''. NO HARMFUL EFFECTS ON SONGWRITERS. VALUE OF PROMOTION TAKEN INTO ACCOUNT. Pursuant to section 114(f)(1)(B) of title 17, United States Code, in determining rates and terms for terrestrial broadcast radio stations under this Act, and the amendments made by this Act, the Copyright Royalty Judges shall base their decision on economic, competitive, and programming information presented by the parties, including whether use of the station's service may substitute for or may promote the sales of phonorecords or otherwise may interfere with or may enhance the sound recording copyright owner's other streams of revenue from the copyright owner's sound recordings.

To amend title 17, United States Code, to provide fair treatment of radio stations and artists for the use of sound recordings, and for other purposes. Equitable treatment for terrestrial broadcasts and internet services. Value of promotion taken into account. a) Performance Right Applicable to Audio Transmissions Generally.--Paragraph (6) of section 106 of title 17, United States Code, is amended to read as follows: ``(6) in the case of sound recordings, to perform the copyrighted work publicly by means of an audio transmission.''. ( TIMING OF PROCEEDINGS UNDER SECTIONS 112(E) AND 114(F). Paragraph (3) of section 804(b) of title 17, United States Code, is amended by adding at the end the following new subparagraph: ``(D) A proceeding under this chapter shall be commenced as soon as practicable after the date of the enactment of this subparagraph to determine royalty rates and terms for nonsubscription broadcast transmissions, to be effective for the period beginning on such date of enactment, and ending on December 31, 2028. ``(iii) For purposes of clauses (i) and (ii)-- ``(I) revenue shall be calculated in accordance with generally accepted accounting principles; ``(II) revenue generated by a terrestrial broadcast station shall include all revenue from the operation of the station, from any source; and ``(III) in the case of affiliated broadcast stations, revenue shall be allocated reasonably to individual stations associated with the revenue. b) Technical Correction.--Section 118(f) of title 17, United States Code, is amended by striking ``section 397 of title 47'' and inserting ``section 397 of the Communications Act of 1934 (47 U.S.C. 397)''. That collective shall distribute such payments in proportion to the distributions provided in subparagraphs (B) through (D) of paragraph (2), and such payments shall be the only payments to which featured and nonfeatured artists are entitled by virtue of such transmissions under the direct license with such entity.''. Pursuant to section 114(f)(1)(B) of title 17, United States Code, in determining rates and terms for terrestrial broadcast radio stations under this Act, and the amendments made by this Act, the Copyright Royalty Judges shall base their decision on economic, competitive, and programming information presented by the parties, including whether use of the station's service may substitute for or may promote the sales of phonorecords or otherwise may interfere with or may enhance the sound recording copyright owner's other streams of revenue from the copyright owner's sound recordings.

To amend title 17, United States Code, to provide fair treatment of radio stations and artists for the use of sound recordings, and for other purposes. b) Inclusion of Terrestrial Broadcasts in Existing Performance Right and Statutory License.--Section 114(d)(1) of title 17, United States Code, is amended-- (1) in the matter preceding subparagraph (A), by striking ``a digital'' and inserting ``an''; (2) by striking subparagraph (A); (3) by redesignating subparagraphs (B) and (C) as (A) and (B), respectively; and (4) in subparagraph (A), as redesignated by paragraph (3), by striking ``nonsubscription'' each place such term appears and inserting ``licensed nonsubscription''. ( Paragraph (3) of section 804(b) of title 17, United States Code, is amended by adding at the end the following new subparagraph: ``(D) A proceeding under this chapter shall be commenced as soon as practicable after the date of the enactment of this subparagraph to determine royalty rates and terms for nonsubscription broadcast transmissions, to be effective for the period beginning on such date of enactment, and ending on December 31, 2028. Any payment due under section 114(f)(1)(D) shall not be due until the due date of the first royalty payments for nonsubscription broadcast transmissions that are determined, after the date of the enactment of this subparagraph, by the Copyright Royalty Judges. ``(iv) The royalty rates specified in clause (i) shall not be admissible as evidence or otherwise taken into account in determining royalty rates in a proceeding under chapter 8, or in any other administrative, judicial, or other Federal Government proceeding involving the setting or adjustment of the royalties payable for the public performance or reproduction in ephemeral phonorecords or copies of sound recordings, the determination of terms or conditions related thereto, or the establishment of notice or recordkeeping requirements.''. ( b) Technical Correction.--Section 118(f) of title 17, United States Code, is amended by striking ``section 397 of title 47'' and inserting ``section 397 of the Communications Act of 1934 (47 U.S.C. 397)''. Pursuant to section 114(f)(1)(B) of title 17, United States Code, in determining rates and terms for terrestrial broadcast radio stations under this Act, and the amendments made by this Act, the Copyright Royalty Judges shall base their decision on economic, competitive, and programming information presented by the parties, including whether use of the station's service may substitute for or may promote the sales of phonorecords or otherwise may interfere with or may enhance the sound recording copyright owner's other streams of revenue from the copyright owner's sound recordings.

To amend title 17, United States Code, to provide fair treatment of radio stations and artists for the use of sound recordings, and for other purposes. Paragraph (3) of section 804(b) of title 17, United States Code, is amended by adding at the end the following new subparagraph: ``(D) A proceeding under this chapter shall be commenced as soon as practicable after the date of the enactment of this subparagraph to determine royalty rates and terms for nonsubscription broadcast transmissions, to be effective for the period beginning on such date of enactment, and ending on December 31, 2028. Pursuant to section 114(f)(1)(B) of title 17, United States Code, in determining rates and terms for terrestrial broadcast radio stations under this Act, and the amendments made by this Act, the Copyright Royalty Judges shall base their decision on economic, competitive, and programming information presented by the parties, including whether use of the station's service may substitute for or may promote the sales of phonorecords or otherwise may interfere with or may enhance the sound recording copyright owner's other streams of revenue from the copyright owner's sound recordings.

To amend title 17, United States Code, to provide fair treatment of radio stations and artists for the use of sound recordings, and for other purposes. Paragraph (3) of section 804(b) of title 17, United States Code, is amended by adding at the end the following new subparagraph: ``(D) A proceeding under this chapter shall be commenced as soon as practicable after the date of the enactment of this subparagraph to determine royalty rates and terms for nonsubscription broadcast transmissions, to be effective for the period beginning on such date of enactment, and ending on December 31, 2028. ``(iv) The royalty rates specified in clause (i) shall not be admissible as evidence or otherwise taken into account in determining royalty rates in a proceeding under chapter 8, or in any other administrative, judicial, or other Federal Government proceeding involving the setting or adjustment of the royalties payable for the public performance or reproduction in ephemeral phonorecords or copies of sound recordings, the determination of terms or conditions related thereto, or the establishment of notice or recordkeeping requirements.''. ( b) Technical Correction.--Section 118(f) of title 17, United States Code, is amended by striking ``section 397 of title 47'' and inserting ``section 397 of the Communications Act of 1934 (47 U.S.C. 397)''.

American Music Fairness Act of 2022 - Amends Federal copyright law to provide fair treatment of radio stations and artists for the use of sound recordings, and for other purposes. (Currently, the Federal Communications Commission (FCC) has the exclusive right to issue licenses for the transmission of sound and audiovisual works.) (Sec. 2) Makes the performance right applicable to audio recordings Amends the Communications Act of 1934 to provide that an individual terrestrial broadcast station licensed by the Federal Communications Commission (FCC) is eligible for a royalty rate if: (1) the revenue from the operation of that station was less than $1 million during the immediately preceding calendar year; (2) the aggregate revenue of the owner and operator of the station and any person directly or indirectly

H.R.3604

Labor and Employment

Retirees Sustainable Investment Opportunities Act of 2021 This bill requires a retirement or employee benefit plan that is regulated under the Employee Retirement Income Security Act of 1974 to disclose whether it has adopted a sustainable investment policy. A sustainable investment policy must address considerations relating to corporate governance practices, labor and human rights practices, and the environmental risks posed by the entities receiving investments.

To amend the Employee Retirement Income Security Act of 1974 to enable consideration and disclosure by retirement plans of Sustainable Investment Policies. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Retirees Sustainable Investment Opportunities Act of 2021''. SEC. 2. FINDINGS. The Congress finds the following: (1) There is now incontrovertible evidence that environmental, social, and governance (hereinafter in this Act referred to as ``ESG'') factors can have material and substantial effects on investment performance. (2) The United States Department of Labor which is responsible for administering and enforcing the Employee Retirement Security Act of 1974 has historically recognized that retirement plans may make economically targeted investments (``ETIs''), that is, investments that offer the potential for economic benefits, such as local job creation, community economic development, and affordable and workforce housing construction, in addition to investment returns, provided such investments otherwise comply with ERISA's fiduciary requirements. (3) ESG and ETI-related factors are referred to in this Act as ``sustainability considerations'' and investments guided by sustainability considerations are referred to as ``sustainable investments.'' Sustainable investments have the potential to contribute to the long-term well-being and resilience of individuals and communities in this nation and around the world while earning investment returns comparable to or better than investments with similar risk that do not take these factors into account. (4) Sustainable investing is now among the fastest growing segments of the investment industry with broad and growing interest from both individual investors and institutional asset managers. Nevertheless, sustainable investments are virtually absent from ERISA-regulated retirement plans in the United States. (5) Retirement plans and participants in individual account retirement plans should have the opportunity to make and hold sustainable investments, provided ERISA's fiduciary requirements are otherwise met. (6) Accordingly, fiduciaries for retirement plans should-- (A) incorporate all relevant factors, including sustainability-related factors, into investment analysis and decision-making processes, consistent with the investment time horizons of plan participants and beneficiaries; (B) be permitted to consider factors relevant to sustainability, whether or not they can be demonstrated to be financially material, provided doing so does not diminish anticipated investment returns or increase investment risk and is otherwise consistent with ERISA's fiduciary requirements; (C) encourage the adoption of best practices for sustainability performance and sustainability impacts in the companies or other entities in which they invest; (D) consider plan participants' and beneficiaries' sustainability-related interests and preferences when making investment decisions; (E) consider the impact of plan investments on the stability and resilience of the financial system and on broad market returns as a result of the sustainability characteristics of those investments; (F) consider participation in shareholder engagement and proxy activities, policy advocacy and similar actions based on sustainability considerations; and (G) disclose how they have implemented these commitments. SEC. 3. PURPOSE. The purpose of this Act is to enable retirement and welfare benefit plans and participants in individual account retirement plans that are covered by the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.), to make and hold sustainable investments, consistent with the fiduciary standards, requirements, and procedures of said Employee Retirement Income Security Act. SEC. 4. AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974. (a) Disclosure of Sustainable Investment Policies.--Section 102 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1022) (``ERISA'') is amended in subsection (b), by inserting ``a statement of whether or not the plan has adopted a sustainable investment policy pursuant to section 402(b)(5) of ERISA;'' after ``collective bargaining agreement;''. (b) Establishment of Sustainable Investment Policy.--Section 402 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1102) is amended-- (1) in subsection (b)-- (A) in paragraph (3), by striking ``and''; (B) in paragraph (4), by striking the period and insert ``, and''; and (C) by inserting after paragraph (4) the following: ``(5) adopt a sustainable investment policy of the plan in accordance with subparagraph (d), provided a plan may elect not do so if it gives notice to plan participants or beneficiaries in writing of such election''; and (2) by adding after subsection (c) the following: ``(d)(1) A sustainable investment policy under subsection (b)(5) shall address sustainability considerations including, without limitation, the following: ``(A) Economically targeted investment considerations including, the potential for achieving economic benefits, such as local job creation, community economic development, and affordable and workforce housing construction, in addition to investment returns. ``(B) Social considerations including-- ``(i) characteristics of workforces employed by entities in which the plan invests, including compensation and benefits, health and safety, diversity and demographics, skills and training, retention and turnover, full-time and part-time employment, and the use of independent contractors; ``(ii) labor and human rights compliance by entities in which the plan invests, including workers' freedom of association, the right to collectively bargain, and the prevention of employment discrimination, child labor, and forced labor in company operations and supply chains; ``(iii) due diligence and practices regarding supply chain management, including environmental, human rights, and worker compensation considerations; and ``(iv) the implementation, to the extent practicable, of practices which enhance diversity and inclusion within the workforce, senior leadership, business procurement, and philanthropy. ``(C) Environmental considerations including-- ``(i) the potential to reduce and ultimately eliminate net greenhouse gas emissions associated with business activities and to mitigate exposure to climate-related risks to the businesses, assets and properties of entities invested in by the plan; ``(ii) the potential to mitigate other climate- related and associated environmental harms and risks, such as industrial pollution, habitat destruction, deforestation, species endangerment and extinction, and other forms of environmental degradation; ``(iii) the potential to address and rectify issues of environmental justice and the inequitable environmental impacts of certain business operations on historically disadvantaged communities; and ``(iv) the potential to provide workers affected by the shift to a low carbon economy with a just transition by creating decent work and quality jobs. ``(D) Governance considerations including-- ``(i) corporate governance practices by entities in which the plan invests, including executive compensation, board diversity, worker board representation and codetermination, the independence of board chairs, political spending and lobbying disclosure; and ``(ii) tax practices of entities in which the plan invests, including international tax avoidance strategies and tax payment disclosure. ``(E) Other relevant economically targeted investment, environmental, social, and governance considerations and factors. ``(2) A plan shall be deemed to have adopted a sustainable investment policy for the purposes of subsection (b)(5) if it incorporates the sustainability considerations set forth in subsection (d)(1) into a previously adopted investment policy of the plan or if the plan elects to be governed by a sustainable investment policy otherwise meeting the requirements of subsection (d)(1) adopted by a third-party fiduciary to the plan. ``(3) A plan that has adopted a sustainable investment policy pursuant to subsection (b)(5), including plans relying on subsection (d)(2), shall conduct a review of such policy on an annual basis.''. (c) Utilization of Certain Sustainability Considerations.--Section 404 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1104) is amended in subsection 404(a) by adding after subsection (2) the following: ``(3) This subsection 404(a) shall not be construed to prohibit a plan fiduciary from doing the following: ``(A) In choosing among investments with comparable degrees of risk and rates of return, selecting one or more such investments based on one or more sustainability considerations as set forth in section 402(d)(1), regardless of whether such considerations are determined to be financially material. For the purposes hereof, the determination that investments have comparable degrees of risk and anticipated rates of return shall be a determination that a prudent man acting in like capacity and familiar with such matters could reasonably be expected to make on a forward- looking basis. ``(B) Incorporating sustainability considerations into the monitoring of or decisions regarding the disposition of plan investments. ``(C) Exercising proxy voting rights in accordance with the plan's proxy voting guidelines which may include sustainability considerations. ``(D) Considering as financially material to retirement benefits the potential for increased contributions to the plan resulting from a plan investment.''. (d) Individual Account Plans.--Section 404 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1104) is amended in subsection 404(c)(1) by adding after subsection (C) the following: ``(D) In selecting investment alternatives for individual accounts, including investment alternatives meeting the requirements of section 404(c)(5) of this title, a plan fiduciary may include investment alternatives selected in part on the basis of sustainability considerations as set forth in section 402(d)(1) regardless of whether such considerations are determined to be financially material, provided any such alternative is determined to have a degree of risk and anticipated rate of return comparable to other investments of similar type determined by the fiduciary to be available and appropriate for inclusion in the plan. For the purposes hereof, the determination that investments have comparable degrees of risk and rates of return shall be a determination that a prudent man acting in like capacity and familiar with such matters could reasonably be expected to make on a forward- looking basis.''. (e) Establishment of Sustainable Investment Policy Technical Assistance Program.--Not later than 90 days after the date of enactment of this Act, the Assistant Secretary of Labor for Employee Benefits shall establish a technical assistance program to provide educational materials and technical assistance to plans to comply with the amendments made by this Act. <all>

Retirees Sustainable Investment Opportunities Act of 2021

To amend the Employee Retirement Income Security Act of 1974 to enable consideration and disclosure by retirement plans of Sustainable Investment Policies.

Retirees Sustainable Investment Opportunities Act of 2021

Rep. Levin, Andy

D

MI

This bill requires a retirement or employee benefit plan that is regulated under the Employee Retirement Income Security Act of 1974 to disclose whether it has adopted a sustainable investment policy. A sustainable investment policy must address considerations relating to corporate governance practices, labor and human rights practices, and the environmental risks posed by the entities receiving investments.

To amend the Employee Retirement Income Security Act of 1974 to enable consideration and disclosure by retirement plans of Sustainable Investment Policies. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 2. 3. PURPOSE. SEC. 4. 1022) (``ERISA'') is amended in subsection (b), by inserting ``a statement of whether or not the plan has adopted a sustainable investment policy pursuant to section 402(b)(5) of ERISA;'' after ``collective bargaining agreement;''. ``(B) Social considerations including-- ``(i) characteristics of workforces employed by entities in which the plan invests, including compensation and benefits, health and safety, diversity and demographics, skills and training, retention and turnover, full-time and part-time employment, and the use of independent contractors; ``(ii) labor and human rights compliance by entities in which the plan invests, including workers' freedom of association, the right to collectively bargain, and the prevention of employment discrimination, child labor, and forced labor in company operations and supply chains; ``(iii) due diligence and practices regarding supply chain management, including environmental, human rights, and worker compensation considerations; and ``(iv) the implementation, to the extent practicable, of practices which enhance diversity and inclusion within the workforce, senior leadership, business procurement, and philanthropy. ``(C) Environmental considerations including-- ``(i) the potential to reduce and ultimately eliminate net greenhouse gas emissions associated with business activities and to mitigate exposure to climate-related risks to the businesses, assets and properties of entities invested in by the plan; ``(ii) the potential to mitigate other climate- related and associated environmental harms and risks, such as industrial pollution, habitat destruction, deforestation, species endangerment and extinction, and other forms of environmental degradation; ``(iii) the potential to address and rectify issues of environmental justice and the inequitable environmental impacts of certain business operations on historically disadvantaged communities; and ``(iv) the potential to provide workers affected by the shift to a low carbon economy with a just transition by creating decent work and quality jobs. ``(E) Other relevant economically targeted investment, environmental, social, and governance considerations and factors. 1104) is amended in subsection 404(c)(1) by adding after subsection (C) the following: ``(D) In selecting investment alternatives for individual accounts, including investment alternatives meeting the requirements of section 404(c)(5) of this title, a plan fiduciary may include investment alternatives selected in part on the basis of sustainability considerations as set forth in section 402(d)(1) regardless of whether such considerations are determined to be financially material, provided any such alternative is determined to have a degree of risk and anticipated rate of return comparable to other investments of similar type determined by the fiduciary to be available and appropriate for inclusion in the plan. For the purposes hereof, the determination that investments have comparable degrees of risk and rates of return shall be a determination that a prudent man acting in like capacity and familiar with such matters could reasonably be expected to make on a forward- looking basis.''.

To amend the Employee Retirement Income Security Act of 1974 to enable consideration and disclosure by retirement plans of Sustainable Investment Policies. 2. 3. PURPOSE. SEC. 4. 1022) (``ERISA'') is amended in subsection (b), by inserting ``a statement of whether or not the plan has adopted a sustainable investment policy pursuant to section 402(b)(5) of ERISA;'' after ``collective bargaining agreement;''. ``(B) Social considerations including-- ``(i) characteristics of workforces employed by entities in which the plan invests, including compensation and benefits, health and safety, diversity and demographics, skills and training, retention and turnover, full-time and part-time employment, and the use of independent contractors; ``(ii) labor and human rights compliance by entities in which the plan invests, including workers' freedom of association, the right to collectively bargain, and the prevention of employment discrimination, child labor, and forced labor in company operations and supply chains; ``(iii) due diligence and practices regarding supply chain management, including environmental, human rights, and worker compensation considerations; and ``(iv) the implementation, to the extent practicable, of practices which enhance diversity and inclusion within the workforce, senior leadership, business procurement, and philanthropy. ``(E) Other relevant economically targeted investment, environmental, social, and governance considerations and factors. 1104) is amended in subsection 404(c)(1) by adding after subsection (C) the following: ``(D) In selecting investment alternatives for individual accounts, including investment alternatives meeting the requirements of section 404(c)(5) of this title, a plan fiduciary may include investment alternatives selected in part on the basis of sustainability considerations as set forth in section 402(d)(1) regardless of whether such considerations are determined to be financially material, provided any such alternative is determined to have a degree of risk and anticipated rate of return comparable to other investments of similar type determined by the fiduciary to be available and appropriate for inclusion in the plan. For the purposes hereof, the determination that investments have comparable degrees of risk and rates of return shall be a determination that a prudent man acting in like capacity and familiar with such matters could reasonably be expected to make on a forward- looking basis.''.

To amend the Employee Retirement Income Security Act of 1974 to enable consideration and disclosure by retirement plans of Sustainable Investment Policies. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 2. FINDINGS. (4) Sustainable investing is now among the fastest growing segments of the investment industry with broad and growing interest from both individual investors and institutional asset managers. 3. PURPOSE. 1001 et seq. SEC. 4. 1022) (``ERISA'') is amended in subsection (b), by inserting ``a statement of whether or not the plan has adopted a sustainable investment policy pursuant to section 402(b)(5) of ERISA;'' after ``collective bargaining agreement;''. ``(B) Social considerations including-- ``(i) characteristics of workforces employed by entities in which the plan invests, including compensation and benefits, health and safety, diversity and demographics, skills and training, retention and turnover, full-time and part-time employment, and the use of independent contractors; ``(ii) labor and human rights compliance by entities in which the plan invests, including workers' freedom of association, the right to collectively bargain, and the prevention of employment discrimination, child labor, and forced labor in company operations and supply chains; ``(iii) due diligence and practices regarding supply chain management, including environmental, human rights, and worker compensation considerations; and ``(iv) the implementation, to the extent practicable, of practices which enhance diversity and inclusion within the workforce, senior leadership, business procurement, and philanthropy. ``(C) Environmental considerations including-- ``(i) the potential to reduce and ultimately eliminate net greenhouse gas emissions associated with business activities and to mitigate exposure to climate-related risks to the businesses, assets and properties of entities invested in by the plan; ``(ii) the potential to mitigate other climate- related and associated environmental harms and risks, such as industrial pollution, habitat destruction, deforestation, species endangerment and extinction, and other forms of environmental degradation; ``(iii) the potential to address and rectify issues of environmental justice and the inequitable environmental impacts of certain business operations on historically disadvantaged communities; and ``(iv) the potential to provide workers affected by the shift to a low carbon economy with a just transition by creating decent work and quality jobs. ``(E) Other relevant economically targeted investment, environmental, social, and governance considerations and factors. ``(C) Exercising proxy voting rights in accordance with the plan's proxy voting guidelines which may include sustainability considerations. 1104) is amended in subsection 404(c)(1) by adding after subsection (C) the following: ``(D) In selecting investment alternatives for individual accounts, including investment alternatives meeting the requirements of section 404(c)(5) of this title, a plan fiduciary may include investment alternatives selected in part on the basis of sustainability considerations as set forth in section 402(d)(1) regardless of whether such considerations are determined to be financially material, provided any such alternative is determined to have a degree of risk and anticipated rate of return comparable to other investments of similar type determined by the fiduciary to be available and appropriate for inclusion in the plan. For the purposes hereof, the determination that investments have comparable degrees of risk and rates of return shall be a determination that a prudent man acting in like capacity and familiar with such matters could reasonably be expected to make on a forward- looking basis.''. (e) Establishment of Sustainable Investment Policy Technical Assistance Program.--Not later than 90 days after the date of enactment of this Act, the Assistant Secretary of Labor for Employee Benefits shall establish a technical assistance program to provide educational materials and technical assistance to plans to comply with the amendments made by this Act.

To amend the Employee Retirement Income Security Act of 1974 to enable consideration and disclosure by retirement plans of Sustainable Investment Policies. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 2. FINDINGS. (3) ESG and ETI-related factors are referred to in this Act as ``sustainability considerations'' and investments guided by sustainability considerations are referred to as ``sustainable investments.'' (4) Sustainable investing is now among the fastest growing segments of the investment industry with broad and growing interest from both individual investors and institutional asset managers. (6) Accordingly, fiduciaries for retirement plans should-- (A) incorporate all relevant factors, including sustainability-related factors, into investment analysis and decision-making processes, consistent with the investment time horizons of plan participants and beneficiaries; (B) be permitted to consider factors relevant to sustainability, whether or not they can be demonstrated to be financially material, provided doing so does not diminish anticipated investment returns or increase investment risk and is otherwise consistent with ERISA's fiduciary requirements; (C) encourage the adoption of best practices for sustainability performance and sustainability impacts in the companies or other entities in which they invest; (D) consider plan participants' and beneficiaries' sustainability-related interests and preferences when making investment decisions; (E) consider the impact of plan investments on the stability and resilience of the financial system and on broad market returns as a result of the sustainability characteristics of those investments; (F) consider participation in shareholder engagement and proxy activities, policy advocacy and similar actions based on sustainability considerations; and (G) disclose how they have implemented these commitments. 3. PURPOSE. 1001 et seq. SEC. 4. (a) Disclosure of Sustainable Investment Policies.--Section 102 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1022) (``ERISA'') is amended in subsection (b), by inserting ``a statement of whether or not the plan has adopted a sustainable investment policy pursuant to section 402(b)(5) of ERISA;'' after ``collective bargaining agreement;''. ``(B) Social considerations including-- ``(i) characteristics of workforces employed by entities in which the plan invests, including compensation and benefits, health and safety, diversity and demographics, skills and training, retention and turnover, full-time and part-time employment, and the use of independent contractors; ``(ii) labor and human rights compliance by entities in which the plan invests, including workers' freedom of association, the right to collectively bargain, and the prevention of employment discrimination, child labor, and forced labor in company operations and supply chains; ``(iii) due diligence and practices regarding supply chain management, including environmental, human rights, and worker compensation considerations; and ``(iv) the implementation, to the extent practicable, of practices which enhance diversity and inclusion within the workforce, senior leadership, business procurement, and philanthropy. ``(C) Environmental considerations including-- ``(i) the potential to reduce and ultimately eliminate net greenhouse gas emissions associated with business activities and to mitigate exposure to climate-related risks to the businesses, assets and properties of entities invested in by the plan; ``(ii) the potential to mitigate other climate- related and associated environmental harms and risks, such as industrial pollution, habitat destruction, deforestation, species endangerment and extinction, and other forms of environmental degradation; ``(iii) the potential to address and rectify issues of environmental justice and the inequitable environmental impacts of certain business operations on historically disadvantaged communities; and ``(iv) the potential to provide workers affected by the shift to a low carbon economy with a just transition by creating decent work and quality jobs. ``(D) Governance considerations including-- ``(i) corporate governance practices by entities in which the plan invests, including executive compensation, board diversity, worker board representation and codetermination, the independence of board chairs, political spending and lobbying disclosure; and ``(ii) tax practices of entities in which the plan invests, including international tax avoidance strategies and tax payment disclosure. ``(E) Other relevant economically targeted investment, environmental, social, and governance considerations and factors. ``(C) Exercising proxy voting rights in accordance with the plan's proxy voting guidelines which may include sustainability considerations. 1104) is amended in subsection 404(c)(1) by adding after subsection (C) the following: ``(D) In selecting investment alternatives for individual accounts, including investment alternatives meeting the requirements of section 404(c)(5) of this title, a plan fiduciary may include investment alternatives selected in part on the basis of sustainability considerations as set forth in section 402(d)(1) regardless of whether such considerations are determined to be financially material, provided any such alternative is determined to have a degree of risk and anticipated rate of return comparable to other investments of similar type determined by the fiduciary to be available and appropriate for inclusion in the plan. For the purposes hereof, the determination that investments have comparable degrees of risk and rates of return shall be a determination that a prudent man acting in like capacity and familiar with such matters could reasonably be expected to make on a forward- looking basis.''. (e) Establishment of Sustainable Investment Policy Technical Assistance Program.--Not later than 90 days after the date of enactment of this Act, the Assistant Secretary of Labor for Employee Benefits shall establish a technical assistance program to provide educational materials and technical assistance to plans to comply with the amendments made by this Act.

To amend the Employee Retirement Income Security Act of 1974 to enable consideration and disclosure by retirement plans of Sustainable Investment Policies. 2) The United States Department of Labor which is responsible for administering and enforcing the Employee Retirement Security Act of 1974 has historically recognized that retirement plans may make economically targeted investments (``ETIs''), that is, investments that offer the potential for economic benefits, such as local job creation, community economic development, and affordable and workforce housing construction, in addition to investment returns, provided such investments otherwise comply with ERISA's fiduciary requirements. ( (4) Sustainable investing is now among the fastest growing segments of the investment industry with broad and growing interest from both individual investors and institutional asset managers. Nevertheless, sustainable investments are virtually absent from ERISA-regulated retirement plans in the United States. ( The purpose of this Act is to enable retirement and welfare benefit plans and participants in individual account retirement plans that are covered by the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq. ), a) Disclosure of Sustainable Investment Policies.--Section 102 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1022) (``ERISA'') is amended in subsection (b), by inserting ``a statement of whether or not the plan has adopted a sustainable investment policy pursuant to section 402(b)(5) of ERISA;'' after ``collective bargaining agreement;''. ( ``(D) Governance considerations including-- ``(i) corporate governance practices by entities in which the plan invests, including executive compensation, board diversity, worker board representation and codetermination, the independence of board chairs, political spending and lobbying disclosure; and ``(ii) tax practices of entities in which the plan invests, including international tax avoidance strategies and tax payment disclosure. ``(3) A plan that has adopted a sustainable investment policy pursuant to subsection (b)(5), including plans relying on subsection (d)(2), shall conduct a review of such policy on an annual basis.''. ( 1104) is amended in subsection 404(a) by adding after subsection (2) the following: ``(3) This subsection 404(a) shall not be construed to prohibit a plan fiduciary from doing the following: ``(A) In choosing among investments with comparable degrees of risk and rates of return, selecting one or more such investments based on one or more sustainability considerations as set forth in section 402(d)(1), regardless of whether such considerations are determined to be financially material. For the purposes hereof, the determination that investments have comparable degrees of risk and anticipated rates of return shall be a determination that a prudent man acting in like capacity and familiar with such matters could reasonably be expected to make on a forward- looking basis. For the purposes hereof, the determination that investments have comparable degrees of risk and rates of return shall be a determination that a prudent man acting in like capacity and familiar with such matters could reasonably be expected to make on a forward- looking basis.''. ( e) Establishment of Sustainable Investment Policy Technical Assistance Program.--Not later than 90 days after the date of enactment of this Act, the Assistant Secretary of Labor for Employee Benefits shall establish a technical assistance program to provide educational materials and technical assistance to plans to comply with the amendments made by this Act.

To amend the Employee Retirement Income Security Act of 1974 to enable consideration and disclosure by retirement plans of Sustainable Investment Policies. 2) The United States Department of Labor which is responsible for administering and enforcing the Employee Retirement Security Act of 1974 has historically recognized that retirement plans may make economically targeted investments (``ETIs''), that is, investments that offer the potential for economic benefits, such as local job creation, community economic development, and affordable and workforce housing construction, in addition to investment returns, provided such investments otherwise comply with ERISA's fiduciary requirements. ( The purpose of this Act is to enable retirement and welfare benefit plans and participants in individual account retirement plans that are covered by the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq. ), a) Disclosure of Sustainable Investment Policies.--Section 102 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1022) (``ERISA'') is amended in subsection (b), by inserting ``a statement of whether or not the plan has adopted a sustainable investment policy pursuant to section 402(b)(5) of ERISA;'' after ``collective bargaining agreement;''. ( ``(D) Governance considerations including-- ``(i) corporate governance practices by entities in which the plan invests, including executive compensation, board diversity, worker board representation and codetermination, the independence of board chairs, political spending and lobbying disclosure; and ``(ii) tax practices of entities in which the plan invests, including international tax avoidance strategies and tax payment disclosure. ``(3) A plan that has adopted a sustainable investment policy pursuant to subsection (b)(5), including plans relying on subsection (d)(2), shall conduct a review of such policy on an annual basis.''. ( 1104) is amended in subsection 404(a) by adding after subsection (2) the following: ``(3) This subsection 404(a) shall not be construed to prohibit a plan fiduciary from doing the following: ``(A) In choosing among investments with comparable degrees of risk and rates of return, selecting one or more such investments based on one or more sustainability considerations as set forth in section 402(d)(1), regardless of whether such considerations are determined to be financially material. For the purposes hereof, the determination that investments have comparable degrees of risk and rates of return shall be a determination that a prudent man acting in like capacity and familiar with such matters could reasonably be expected to make on a forward- looking basis.''. (e) Establishment of Sustainable Investment Policy Technical Assistance Program.--Not later than 90 days after the date of enactment of this Act, the Assistant Secretary of Labor for Employee Benefits shall establish a technical assistance program to provide educational materials and technical assistance to plans to comply with the amendments made by this Act.

To amend the Employee Retirement Income Security Act of 1974 to enable consideration and disclosure by retirement plans of Sustainable Investment Policies. 2) The United States Department of Labor which is responsible for administering and enforcing the Employee Retirement Security Act of 1974 has historically recognized that retirement plans may make economically targeted investments (``ETIs''), that is, investments that offer the potential for economic benefits, such as local job creation, community economic development, and affordable and workforce housing construction, in addition to investment returns, provided such investments otherwise comply with ERISA's fiduciary requirements. ( The purpose of this Act is to enable retirement and welfare benefit plans and participants in individual account retirement plans that are covered by the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq. ), a) Disclosure of Sustainable Investment Policies.--Section 102 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1022) (``ERISA'') is amended in subsection (b), by inserting ``a statement of whether or not the plan has adopted a sustainable investment policy pursuant to section 402(b)(5) of ERISA;'' after ``collective bargaining agreement;''. ( ``(D) Governance considerations including-- ``(i) corporate governance practices by entities in which the plan invests, including executive compensation, board diversity, worker board representation and codetermination, the independence of board chairs, political spending and lobbying disclosure; and ``(ii) tax practices of entities in which the plan invests, including international tax avoidance strategies and tax payment disclosure. ``(3) A plan that has adopted a sustainable investment policy pursuant to subsection (b)(5), including plans relying on subsection (d)(2), shall conduct a review of such policy on an annual basis.''. ( 1104) is amended in subsection 404(a) by adding after subsection (2) the following: ``(3) This subsection 404(a) shall not be construed to prohibit a plan fiduciary from doing the following: ``(A) In choosing among investments with comparable degrees of risk and rates of return, selecting one or more such investments based on one or more sustainability considerations as set forth in section 402(d)(1), regardless of whether such considerations are determined to be financially material. For the purposes hereof, the determination that investments have comparable degrees of risk and rates of return shall be a determination that a prudent man acting in like capacity and familiar with such matters could reasonably be expected to make on a forward- looking basis.''. (e) Establishment of Sustainable Investment Policy Technical Assistance Program.--Not later than 90 days after the date of enactment of this Act, the Assistant Secretary of Labor for Employee Benefits shall establish a technical assistance program to provide educational materials and technical assistance to plans to comply with the amendments made by this Act.

To amend the Employee Retirement Income Security Act of 1974 to enable consideration and disclosure by retirement plans of Sustainable Investment Policies. 2) The United States Department of Labor which is responsible for administering and enforcing the Employee Retirement Security Act of 1974 has historically recognized that retirement plans may make economically targeted investments (``ETIs''), that is, investments that offer the potential for economic benefits, such as local job creation, community economic development, and affordable and workforce housing construction, in addition to investment returns, provided such investments otherwise comply with ERISA's fiduciary requirements. ( (4) Sustainable investing is now among the fastest growing segments of the investment industry with broad and growing interest from both individual investors and institutional asset managers. Nevertheless, sustainable investments are virtually absent from ERISA-regulated retirement plans in the United States. ( The purpose of this Act is to enable retirement and welfare benefit plans and participants in individual account retirement plans that are covered by the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq. ), a) Disclosure of Sustainable Investment Policies.--Section 102 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1022) (``ERISA'') is amended in subsection (b), by inserting ``a statement of whether or not the plan has adopted a sustainable investment policy pursuant to section 402(b)(5) of ERISA;'' after ``collective bargaining agreement;''. ( ``(D) Governance considerations including-- ``(i) corporate governance practices by entities in which the plan invests, including executive compensation, board diversity, worker board representation and codetermination, the independence of board chairs, political spending and lobbying disclosure; and ``(ii) tax practices of entities in which the plan invests, including international tax avoidance strategies and tax payment disclosure. ``(3) A plan that has adopted a sustainable investment policy pursuant to subsection (b)(5), including plans relying on subsection (d)(2), shall conduct a review of such policy on an annual basis.''. ( 1104) is amended in subsection 404(a) by adding after subsection (2) the following: ``(3) This subsection 404(a) shall not be construed to prohibit a plan fiduciary from doing the following: ``(A) In choosing among investments with comparable degrees of risk and rates of return, selecting one or more such investments based on one or more sustainability considerations as set forth in section 402(d)(1), regardless of whether such considerations are determined to be financially material. For the purposes hereof, the determination that investments have comparable degrees of risk and anticipated rates of return shall be a determination that a prudent man acting in like capacity and familiar with such matters could reasonably be expected to make on a forward- looking basis. For the purposes hereof, the determination that investments have comparable degrees of risk and rates of return shall be a determination that a prudent man acting in like capacity and familiar with such matters could reasonably be expected to make on a forward- looking basis.''. ( e) Establishment of Sustainable Investment Policy Technical Assistance Program.--Not later than 90 days after the date of enactment of this Act, the Assistant Secretary of Labor for Employee Benefits shall establish a technical assistance program to provide educational materials and technical assistance to plans to comply with the amendments made by this Act.

To amend the Employee Retirement Income Security Act of 1974 to enable consideration and disclosure by retirement plans of Sustainable Investment Policies. 2) The United States Department of Labor which is responsible for administering and enforcing the Employee Retirement Security Act of 1974 has historically recognized that retirement plans may make economically targeted investments (``ETIs''), that is, investments that offer the potential for economic benefits, such as local job creation, community economic development, and affordable and workforce housing construction, in addition to investment returns, provided such investments otherwise comply with ERISA's fiduciary requirements. ( The purpose of this Act is to enable retirement and welfare benefit plans and participants in individual account retirement plans that are covered by the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq. ), a) Disclosure of Sustainable Investment Policies.--Section 102 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1022) (``ERISA'') is amended in subsection (b), by inserting ``a statement of whether or not the plan has adopted a sustainable investment policy pursuant to section 402(b)(5) of ERISA;'' after ``collective bargaining agreement;''. ( ``(D) Governance considerations including-- ``(i) corporate governance practices by entities in which the plan invests, including executive compensation, board diversity, worker board representation and codetermination, the independence of board chairs, political spending and lobbying disclosure; and ``(ii) tax practices of entities in which the plan invests, including international tax avoidance strategies and tax payment disclosure. ``(3) A plan that has adopted a sustainable investment policy pursuant to subsection (b)(5), including plans relying on subsection (d)(2), shall conduct a review of such policy on an annual basis.''. ( 1104) is amended in subsection 404(a) by adding after subsection (2) the following: ``(3) This subsection 404(a) shall not be construed to prohibit a plan fiduciary from doing the following: ``(A) In choosing among investments with comparable degrees of risk and rates of return, selecting one or more such investments based on one or more sustainability considerations as set forth in section 402(d)(1), regardless of whether such considerations are determined to be financially material. For the purposes hereof, the determination that investments have comparable degrees of risk and rates of return shall be a determination that a prudent man acting in like capacity and familiar with such matters could reasonably be expected to make on a forward- looking basis.''. (e) Establishment of Sustainable Investment Policy Technical Assistance Program.--Not later than 90 days after the date of enactment of this Act, the Assistant Secretary of Labor for Employee Benefits shall establish a technical assistance program to provide educational materials and technical assistance to plans to comply with the amendments made by this Act.

To amend the Employee Retirement Income Security Act of 1974 to enable consideration and disclosure by retirement plans of Sustainable Investment Policies. 2) The United States Department of Labor which is responsible for administering and enforcing the Employee Retirement Security Act of 1974 has historically recognized that retirement plans may make economically targeted investments (``ETIs''), that is, investments that offer the potential for economic benefits, such as local job creation, community economic development, and affordable and workforce housing construction, in addition to investment returns, provided such investments otherwise comply with ERISA's fiduciary requirements. ( (4) Sustainable investing is now among the fastest growing segments of the investment industry with broad and growing interest from both individual investors and institutional asset managers. Nevertheless, sustainable investments are virtually absent from ERISA-regulated retirement plans in the United States. ( The purpose of this Act is to enable retirement and welfare benefit plans and participants in individual account retirement plans that are covered by the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq. ), a) Disclosure of Sustainable Investment Policies.--Section 102 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1022) (``ERISA'') is amended in subsection (b), by inserting ``a statement of whether or not the plan has adopted a sustainable investment policy pursuant to section 402(b)(5) of ERISA;'' after ``collective bargaining agreement;''. ( ``(D) Governance considerations including-- ``(i) corporate governance practices by entities in which the plan invests, including executive compensation, board diversity, worker board representation and codetermination, the independence of board chairs, political spending and lobbying disclosure; and ``(ii) tax practices of entities in which the plan invests, including international tax avoidance strategies and tax payment disclosure. ``(3) A plan that has adopted a sustainable investment policy pursuant to subsection (b)(5), including plans relying on subsection (d)(2), shall conduct a review of such policy on an annual basis.''. ( 1104) is amended in subsection 404(a) by adding after subsection (2) the following: ``(3) This subsection 404(a) shall not be construed to prohibit a plan fiduciary from doing the following: ``(A) In choosing among investments with comparable degrees of risk and rates of return, selecting one or more such investments based on one or more sustainability considerations as set forth in section 402(d)(1), regardless of whether such considerations are determined to be financially material. For the purposes hereof, the determination that investments have comparable degrees of risk and anticipated rates of return shall be a determination that a prudent man acting in like capacity and familiar with such matters could reasonably be expected to make on a forward- looking basis. For the purposes hereof, the determination that investments have comparable degrees of risk and rates of return shall be a determination that a prudent man acting in like capacity and familiar with such matters could reasonably be expected to make on a forward- looking basis.''. ( e) Establishment of Sustainable Investment Policy Technical Assistance Program.--Not later than 90 days after the date of enactment of this Act, the Assistant Secretary of Labor for Employee Benefits shall establish a technical assistance program to provide educational materials and technical assistance to plans to comply with the amendments made by this Act.

To amend the Employee Retirement Income Security Act of 1974 to enable consideration and disclosure by retirement plans of Sustainable Investment Policies. 2) The United States Department of Labor which is responsible for administering and enforcing the Employee Retirement Security Act of 1974 has historically recognized that retirement plans may make economically targeted investments (``ETIs''), that is, investments that offer the potential for economic benefits, such as local job creation, community economic development, and affordable and workforce housing construction, in addition to investment returns, provided such investments otherwise comply with ERISA's fiduciary requirements. ( The purpose of this Act is to enable retirement and welfare benefit plans and participants in individual account retirement plans that are covered by the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq. ), a) Disclosure of Sustainable Investment Policies.--Section 102 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1022) (``ERISA'') is amended in subsection (b), by inserting ``a statement of whether or not the plan has adopted a sustainable investment policy pursuant to section 402(b)(5) of ERISA;'' after ``collective bargaining agreement;''. ( ``(D) Governance considerations including-- ``(i) corporate governance practices by entities in which the plan invests, including executive compensation, board diversity, worker board representation and codetermination, the independence of board chairs, political spending and lobbying disclosure; and ``(ii) tax practices of entities in which the plan invests, including international tax avoidance strategies and tax payment disclosure. ``(3) A plan that has adopted a sustainable investment policy pursuant to subsection (b)(5), including plans relying on subsection (d)(2), shall conduct a review of such policy on an annual basis.''. ( 1104) is amended in subsection 404(a) by adding after subsection (2) the following: ``(3) This subsection 404(a) shall not be construed to prohibit a plan fiduciary from doing the following: ``(A) In choosing among investments with comparable degrees of risk and rates of return, selecting one or more such investments based on one or more sustainability considerations as set forth in section 402(d)(1), regardless of whether such considerations are determined to be financially material. For the purposes hereof, the determination that investments have comparable degrees of risk and rates of return shall be a determination that a prudent man acting in like capacity and familiar with such matters could reasonably be expected to make on a forward- looking basis.''. (e) Establishment of Sustainable Investment Policy Technical Assistance Program.--Not later than 90 days after the date of enactment of this Act, the Assistant Secretary of Labor for Employee Benefits shall establish a technical assistance program to provide educational materials and technical assistance to plans to comply with the amendments made by this Act.

To amend the Employee Retirement Income Security Act of 1974 to enable consideration and disclosure by retirement plans of Sustainable Investment Policies. 2) The United States Department of Labor which is responsible for administering and enforcing the Employee Retirement Security Act of 1974 has historically recognized that retirement plans may make economically targeted investments (``ETIs''), that is, investments that offer the potential for economic benefits, such as local job creation, community economic development, and affordable and workforce housing construction, in addition to investment returns, provided such investments otherwise comply with ERISA's fiduciary requirements. ( ( ( ``(D) Governance considerations including-- ``(i) corporate governance practices by entities in which the plan invests, including executive compensation, board diversity, worker board representation and codetermination, the independence of board chairs, political spending and lobbying disclosure; and ``(ii) tax practices of entities in which the plan invests, including international tax avoidance strategies and tax payment disclosure. 1104) is amended in subsection 404(a) by adding after subsection (2) the following: ``(3) This subsection 404(a) shall not be construed to prohibit a plan fiduciary from doing the following: ``(A) In choosing among investments with comparable degrees of risk and rates of return, selecting one or more such investments based on one or more sustainability considerations as set forth in section 402(d)(1), regardless of whether such considerations are determined to be financially material. For the purposes hereof, the determination that investments have comparable degrees of risk and rates of return shall be a determination that a prudent man acting in like capacity and familiar with such matters could reasonably be expected to make on a forward- looking basis.''. ( e) Establishment of Sustainable Investment Policy Technical Assistance Program.--Not later than 90 days after the date of enactment of this Act, the Assistant Secretary of Labor for Employee Benefits shall establish a technical assistance program to provide educational materials and technical assistance to plans to comply with the amendments made by this Act.

To amend the Employee Retirement Income Security Act of 1974 to enable consideration and disclosure by retirement plans of Sustainable Investment Policies. a) Disclosure of Sustainable Investment Policies.--Section 102 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1022) (``ERISA'') is amended in subsection (b), by inserting ``a statement of whether or not the plan has adopted a sustainable investment policy pursuant to section 402(b)(5) of ERISA;'' after ``collective bargaining agreement;''. ( For the purposes hereof, the determination that investments have comparable degrees of risk and rates of return shall be a determination that a prudent man acting in like capacity and familiar with such matters could reasonably be expected to make on a forward- looking basis.''. ( e) Establishment of Sustainable Investment Policy Technical Assistance Program.--Not later than 90 days after the date of enactment of this Act, the Assistant Secretary of Labor for Employee Benefits shall establish a technical assistance program to provide educational materials and technical assistance to plans to comply with the amendments made by this Act.

To amend the Employee Retirement Income Security Act of 1974 to enable consideration and disclosure by retirement plans of Sustainable Investment Policies. 2) The United States Department of Labor which is responsible for administering and enforcing the Employee Retirement Security Act of 1974 has historically recognized that retirement plans may make economically targeted investments (``ETIs''), that is, investments that offer the potential for economic benefits, such as local job creation, community economic development, and affordable and workforce housing construction, in addition to investment returns, provided such investments otherwise comply with ERISA's fiduciary requirements. ( ( ( ``(D) Governance considerations including-- ``(i) corporate governance practices by entities in which the plan invests, including executive compensation, board diversity, worker board representation and codetermination, the independence of board chairs, political spending and lobbying disclosure; and ``(ii) tax practices of entities in which the plan invests, including international tax avoidance strategies and tax payment disclosure. 1104) is amended in subsection 404(a) by adding after subsection (2) the following: ``(3) This subsection 404(a) shall not be construed to prohibit a plan fiduciary from doing the following: ``(A) In choosing among investments with comparable degrees of risk and rates of return, selecting one or more such investments based on one or more sustainability considerations as set forth in section 402(d)(1), regardless of whether such considerations are determined to be financially material. For the purposes hereof, the determination that investments have comparable degrees of risk and rates of return shall be a determination that a prudent man acting in like capacity and familiar with such matters could reasonably be expected to make on a forward- looking basis.''. ( e) Establishment of Sustainable Investment Policy Technical Assistance Program.--Not later than 90 days after the date of enactment of this Act, the Assistant Secretary of Labor for Employee Benefits shall establish a technical assistance program to provide educational materials and technical assistance to plans to comply with the amendments made by this Act.

Retirees Sustainable Investment Opportunities Act of 2021 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to require retirement and welfare benefit plans and participants in individual account retirement plans that are covered by the Act to make and hold sustainable investments, consistent with the fiduciary standards, requirements, and procedures of ERISA. Amends ERISA to provide for Amends the Employee Retirement Income Security Act of 1974 (ERISA) to: (1) require a plan to adopt a sustainable investment policy if it incorporates specified sustainability considerations into its previously adopted investment policy or if the plan elects to be governed by a sustainable policy otherwise adopted by a third-party fiduciary to the plan; and (2) require each plan that has adopted

H.R.5995

Health

Pregnancy Loss Mental Health Research Act of 2021 This bill expands research and related activities that address mental health complications following a pregnancy loss (i.e., miscarriage, stillbirth, or abortion). Specifically, the National Institutes of Health and the National Institute of Mental Health (NIMH) must expand and intensify research on mental health complications following pregnancy loss. In particular, NIMH must conduct a longitudinal study to determine the prevalence and other information about such mental health complications. Additionally, the Department of Health and Human Services must award grants to health providers, state or local governments, or other appropriate nonprofits to deliver services to individuals with mental health conditions following a pregnancy loss. Funding made available under this bill may not be provided to an entity (or an entity's affiliate, subsidiary, successor, or clinic) that performs abortions other than in the case of a pregnancy (1) that is the result of rape or incest; or (2) when the life of the woman is in danger due to a physical disorder, injury, or illness.

To provide research on, and services for, individuals with clinical mental health complications following a pregnancy loss, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Pregnancy Loss Mental Health Research Act of 2021''. TITLE I--RESEARCH ON CLINICAL MENTAL HEALTH COMPLICATIONS FOLLOWING A PREGNANCY LOSS SEC. 101. EXPANSION AND INTENSIFICATION OF ACTIVITIES OF NATIONAL INSTITUTE OF MENTAL HEALTH. (a) In General.--The Secretary of Health and Human Services, acting through the Director of the National Institutes of Health and the Director of the National Institute of Mental Health (in this section referred to as the ``Institute''), shall expand and intensify research and related activities of the Institute with respect to clinical mental health complications, including persistent complex bereavement disorder, following a pregnancy loss (including a miscarriage, stillbirth, or abortion). (b) Coordination With Other Institutes.--The Director of the Institute shall coordinate the activities of the Director under subsection (a) with similar activities conducted by the other national research institutes and agencies of the National Institutes of Health to the extent that such Institutes and agencies have responsibilities that are related to clinical mental health complications following a pregnancy loss (including a miscarriage, stillbirth, or abortion). (c) Programs for Pregnancy Loss Conditions.--In carrying out subsection (a), the Director of the Institute shall conduct or support research to expand the understanding of the causes of, and to identify treatment for, mental health conditions following a pregnancy loss, including the following: (1) Basic research concerning the etiology and causes of the conditions. (2) The development of improved screening and diagnostic techniques. (3) Clinical research for the development and evaluation of new treatments, including new biological agents. (4) Information and education programs for health care professionals and the public. (d) Longitudinal Study.-- (1) In general.--The Director of the Institute shall conduct a national longitudinal study to determine the prevalence of mental health complications following a pregnancy loss, and the symptoms, severity, and duration of such cases, toward the goal of more fully identifying the characteristics of such cases and developing diagnostic techniques. (2) Report.--Beginning not later than 3 years after the date of the enactment of this Act, and periodically thereafter for the duration of the study under paragraph (1), the Director of the Institute shall prepare and submit to the Congress a report on the findings of the study, any progress with respect to the study, and methodologies used to conduct the study. SEC. 102. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--For the purpose of carrying out this title, there is authorized to be appropriated $4,500,000 for each of the fiscal years 2022 through 2023. (b) Limitation.--Any amounts appropriated under this title are subject to the requirements and limitations under sections 506 and 507 of division H of the Consolidated Appropriations Act, 2021 (Public Law 116-260) in the same manner and to the same extent as if such amounts for each year were appropriated under such division. TITLE II--DELIVERY OF SERVICES WITH RESPECT TO MENTAL HEALTH COMPLICATIONS FOLLOWING A PREGNANCY LOSS SEC. 201. GRANT PROGRAM FOR CLINICAL MENTAL HEALTH CONDITIONS FOLLOWING A PREGNANCY LOSS. (a) In General.--The Secretary of Health and Human Services (in this title referred to as the ``Secretary'') shall in accordance with this title make grants to provide for projects for the establishment, operation, and coordination of effective and cost-efficient systems for the delivery of mental health services to individuals struggling with clinical mental health conditions following a pregnancy loss. (b) Recipients of Grants.--A grant under subsection (a) may be made to an entity only if the entity-- (1) is a public or nonprofit private entity, which may include a State or local government; a public or nonprofit private hospital, community-based organization, community health center, migrant health center, or homeless health center; or other appropriate public or nonprofit private entity; and (2) has experience in providing the services described in subsection (a) before the date of the enactment of this Act. (c) Certain Activities.--To the extent practicable and appropriate, the Secretary shall ensure that projects under subsection (a) provide services for the screening, diagnosis, and management of mental health conditions, including persistent complex bereavement disorders, following a pregnancy loss. Such activities may include the following: (1) Delivering or enhancing outpatient and home-based health and support services (including case management, screening and mental health treatment services) for individuals with, or who are at risk of developing, mental health complications following a pregnancy loss, and delivering or enhancing support services for the families of such individuals. (2) Delivering or enhancing inpatient care management services that ensure the well being of the mother and family, and the future development of the infant. (3) Improving the quality, availability, and organization of health care and support services (including transportation services, attendant care, homemaker services, day or respite care, and providing counseling on financial assistance and insurance) for individuals with mental health conditions following a pregnancy loss. (d) Integration With Other Programs.--To the extent practicable and appropriate, the Secretary shall integrate the program under this title with other grant programs carried out by the Secretary, including the program under section 330 of the Public Health Service Act (42 U.S.C. 254b). (e) Limitation on Amount of Grants.--A grant under subsection (a) may not for any fiscal year be made in an amount exceeding $100,000. SEC. 202. CERTAIN REQUIREMENTS FOR GRANT PROGRAM FOR CLINICAL MENTAL HEALTH CONDITIONS FOLLOWING A PREGNANCY LOSS. A grant may be made under section 201 only if the applicant involved makes the following agreements: (1) Not more than 5 percent of the grant will be used for administration, accounting, reporting, and program oversight functions. (2) The grant will be used to supplement and not supplant funds from other sources related to the treatment of clinical mental health conditions following a pregnancy loss. (3) The applicant will abide by any limitations deemed appropriate by the Secretary on any charges to individuals receiving services pursuant to the grant. As deemed appropriate by the Secretary, such limitations on charges may vary based on the financial circumstances of the individual receiving services. (4) The grant will not be expended to make payment for services authorized under section 201(a) to the extent that payment has been made, or can reasonably be expected to be made, with respect to such services-- (A) under any State compensation program, under an insurance policy, or under any Federal or State health benefits program; or (B) by an entity that provides health services on a prepaid basis. (5) The applicant will, at each site at which the applicant provides services under section 201(a), post a conspicuous notice informing individuals who receive the services of any Federal policies that apply to the applicant with respect to the imposition of charges on such individuals. SEC. 203. TECHNICAL ASSISTANCE. The Secretary may provide technical assistance to assist entities in complying with the requirements of this title in order to make such entities eligible to receive grants under section 201. SEC. 204. NO FUNDS FOR CERTAIN ABORTION PROVIDERS. (a) In General.--Notwithstanding any other provision of law, none of the funds made available by this Act may be made available either directly, through a State (including through managed care contracts with a State), or through any other means, to a prohibited entity. (b) Prohibited Entity.--The term ``prohibited entity'' means an entity, including its affiliates, subsidiaries, successors, and clinics that, as of the date of enactment of this Act-- (1) is an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code; (2) is an essential community provider described in section 156.235 of title 45, Code of Federal Regulations (as in effect on the date of enactment of this Act), that is primarily engaged in family planning services, reproductive health, and related medical care; and (3) performs, or provides any funds to any other entity that performs, abortions, other than-- (A) in the case of a pregnancy that is the result of an act of rape or incest; or (B) in the case where a woman suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the woman in danger of death unless an abortion is performed, including a life endangering physical condition caused by, or arising from, the pregnancy itself. (c) End of Prohibition.--The definition in subsection (b) shall cease to apply to an entity if such entity certifies that it, including its affiliates, subsidiaries, successors, and clinics, will not perform, and will not provide any funds to any other entity that performs, an abortion described in subsection (b)(3). (d) Repayment by Prohibited Entity.--The Secretary of Health and Human Services shall seek repayment of any Federal assistance received by any entity that had made a certification described in subsection (c) and subsequently violated the terms of such certification. SEC. 205. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--For the purpose of carrying out this title, there is authorized to be appropriated $4,500,000 for each of the fiscal years 2022 through 2023. (b) Limitation.--Any amounts appropriated under this title are subject to the requirements and limitations under sections 506 and 507 of division H of the Consolidated Appropriations Act, 2021 (Public Law 116-260) in the same manner and to the same extent as if such amounts for each year were appropriated under such division. <all>

Pregnancy Loss Mental Health Research Act of 2021

To provide research on, and services for, individuals with clinical mental health complications following a pregnancy loss, and for other purposes.

Pregnancy Loss Mental Health Research Act of 2021

Rep. Emmer, Tom

R

MN

This bill expands research and related activities that address mental health complications following a pregnancy loss (i.e., miscarriage, stillbirth, or abortion). Specifically, the National Institutes of Health and the National Institute of Mental Health (NIMH) must expand and intensify research on mental health complications following pregnancy loss. In particular, NIMH must conduct a longitudinal study to determine the prevalence and other information about such mental health complications. Additionally, the Department of Health and Human Services must award grants to health providers, state or local governments, or other appropriate nonprofits to deliver services to individuals with mental health conditions following a pregnancy loss. Funding made available under this bill may not be provided to an entity (or an entity's affiliate, subsidiary, successor, or clinic) that performs abortions other than in the case of a pregnancy (1) that is the result of rape or incest; or (2) when the life of the woman is in danger due to a physical disorder, injury, or illness.

SHORT TITLE. 101. EXPANSION AND INTENSIFICATION OF ACTIVITIES OF NATIONAL INSTITUTE OF MENTAL HEALTH. (2) The development of improved screening and diagnostic techniques. (3) Clinical research for the development and evaluation of new treatments, including new biological agents. (d) Longitudinal Study.-- (1) In general.--The Director of the Institute shall conduct a national longitudinal study to determine the prevalence of mental health complications following a pregnancy loss, and the symptoms, severity, and duration of such cases, toward the goal of more fully identifying the characteristics of such cases and developing diagnostic techniques. (2) Report.--Beginning not later than 3 years after the date of the enactment of this Act, and periodically thereafter for the duration of the study under paragraph (1), the Director of the Institute shall prepare and submit to the Congress a report on the findings of the study, any progress with respect to the study, and methodologies used to conduct the study. 102. 201. GRANT PROGRAM FOR CLINICAL MENTAL HEALTH CONDITIONS FOLLOWING A PREGNANCY LOSS. (2) Delivering or enhancing inpatient care management services that ensure the well being of the mother and family, and the future development of the infant. 254b). 202. As deemed appropriate by the Secretary, such limitations on charges may vary based on the financial circumstances of the individual receiving services. (5) The applicant will, at each site at which the applicant provides services under section 201(a), post a conspicuous notice informing individuals who receive the services of any Federal policies that apply to the applicant with respect to the imposition of charges on such individuals. 203. TECHNICAL ASSISTANCE. 204. NO FUNDS FOR CERTAIN ABORTION PROVIDERS. (a) In General.--Notwithstanding any other provision of law, none of the funds made available by this Act may be made available either directly, through a State (including through managed care contracts with a State), or through any other means, to a prohibited entity. (c) End of Prohibition.--The definition in subsection (b) shall cease to apply to an entity if such entity certifies that it, including its affiliates, subsidiaries, successors, and clinics, will not perform, and will not provide any funds to any other entity that performs, an abortion described in subsection (b)(3). SEC. 205. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--For the purpose of carrying out this title, there is authorized to be appropriated $4,500,000 for each of the fiscal years 2022 through 2023. (b) Limitation.--Any amounts appropriated under this title are subject to the requirements and limitations under sections 506 and 507 of division H of the Consolidated Appropriations Act, 2021 (Public Law 116-260) in the same manner and to the same extent as if such amounts for each year were appropriated under such division.

SHORT TITLE. EXPANSION AND INTENSIFICATION OF ACTIVITIES OF NATIONAL INSTITUTE OF MENTAL HEALTH. (2) The development of improved screening and diagnostic techniques. (3) Clinical research for the development and evaluation of new treatments, including new biological agents. (2) Report.--Beginning not later than 3 years after the date of the enactment of this Act, and periodically thereafter for the duration of the study under paragraph (1), the Director of the Institute shall prepare and submit to the Congress a report on the findings of the study, any progress with respect to the study, and methodologies used to conduct the study. 201. GRANT PROGRAM FOR CLINICAL MENTAL HEALTH CONDITIONS FOLLOWING A PREGNANCY LOSS. As deemed appropriate by the Secretary, such limitations on charges may vary based on the financial circumstances of the individual receiving services. (5) The applicant will, at each site at which the applicant provides services under section 201(a), post a conspicuous notice informing individuals who receive the services of any Federal policies that apply to the applicant with respect to the imposition of charges on such individuals. TECHNICAL ASSISTANCE. (a) In General.--Notwithstanding any other provision of law, none of the funds made available by this Act may be made available either directly, through a State (including through managed care contracts with a State), or through any other means, to a prohibited entity. (c) End of Prohibition.--The definition in subsection (b) shall cease to apply to an entity if such entity certifies that it, including its affiliates, subsidiaries, successors, and clinics, will not perform, and will not provide any funds to any other entity that performs, an abortion described in subsection (b)(3). SEC. (a) In General.--For the purpose of carrying out this title, there is authorized to be appropriated $4,500,000 for each of the fiscal years 2022 through 2023. (b) Limitation.--Any amounts appropriated under this title are subject to the requirements and limitations under sections 506 and 507 of division H of the Consolidated Appropriations Act, 2021 (Public Law 116-260) in the same manner and to the same extent as if such amounts for each year were appropriated under such division.

SHORT TITLE. 101. EXPANSION AND INTENSIFICATION OF ACTIVITIES OF NATIONAL INSTITUTE OF MENTAL HEALTH. (2) The development of improved screening and diagnostic techniques. (3) Clinical research for the development and evaluation of new treatments, including new biological agents. (d) Longitudinal Study.-- (1) In general.--The Director of the Institute shall conduct a national longitudinal study to determine the prevalence of mental health complications following a pregnancy loss, and the symptoms, severity, and duration of such cases, toward the goal of more fully identifying the characteristics of such cases and developing diagnostic techniques. (2) Report.--Beginning not later than 3 years after the date of the enactment of this Act, and periodically thereafter for the duration of the study under paragraph (1), the Director of the Institute shall prepare and submit to the Congress a report on the findings of the study, any progress with respect to the study, and methodologies used to conduct the study. 102. 201. GRANT PROGRAM FOR CLINICAL MENTAL HEALTH CONDITIONS FOLLOWING A PREGNANCY LOSS. (b) Recipients of Grants.--A grant under subsection (a) may be made to an entity only if the entity-- (1) is a public or nonprofit private entity, which may include a State or local government; a public or nonprofit private hospital, community-based organization, community health center, migrant health center, or homeless health center; or other appropriate public or nonprofit private entity; and (2) has experience in providing the services described in subsection (a) before the date of the enactment of this Act. (2) Delivering or enhancing inpatient care management services that ensure the well being of the mother and family, and the future development of the infant. 254b). 202. As deemed appropriate by the Secretary, such limitations on charges may vary based on the financial circumstances of the individual receiving services. (5) The applicant will, at each site at which the applicant provides services under section 201(a), post a conspicuous notice informing individuals who receive the services of any Federal policies that apply to the applicant with respect to the imposition of charges on such individuals. 203. TECHNICAL ASSISTANCE. 204. NO FUNDS FOR CERTAIN ABORTION PROVIDERS. (a) In General.--Notwithstanding any other provision of law, none of the funds made available by this Act may be made available either directly, through a State (including through managed care contracts with a State), or through any other means, to a prohibited entity. (b) Prohibited Entity.--The term ``prohibited entity'' means an entity, including its affiliates, subsidiaries, successors, and clinics that, as of the date of enactment of this Act-- (1) is an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code; (2) is an essential community provider described in section 156.235 of title 45, Code of Federal Regulations (as in effect on the date of enactment of this Act), that is primarily engaged in family planning services, reproductive health, and related medical care; and (3) performs, or provides any funds to any other entity that performs, abortions, other than-- (A) in the case of a pregnancy that is the result of an act of rape or incest; or (B) in the case where a woman suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the woman in danger of death unless an abortion is performed, including a life endangering physical condition caused by, or arising from, the pregnancy itself. (c) End of Prohibition.--The definition in subsection (b) shall cease to apply to an entity if such entity certifies that it, including its affiliates, subsidiaries, successors, and clinics, will not perform, and will not provide any funds to any other entity that performs, an abortion described in subsection (b)(3). SEC. 205. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--For the purpose of carrying out this title, there is authorized to be appropriated $4,500,000 for each of the fiscal years 2022 through 2023. (b) Limitation.--Any amounts appropriated under this title are subject to the requirements and limitations under sections 506 and 507 of division H of the Consolidated Appropriations Act, 2021 (Public Law 116-260) in the same manner and to the same extent as if such amounts for each year were appropriated under such division.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 101. EXPANSION AND INTENSIFICATION OF ACTIVITIES OF NATIONAL INSTITUTE OF MENTAL HEALTH. (2) The development of improved screening and diagnostic techniques. (3) Clinical research for the development and evaluation of new treatments, including new biological agents. (4) Information and education programs for health care professionals and the public. (d) Longitudinal Study.-- (1) In general.--The Director of the Institute shall conduct a national longitudinal study to determine the prevalence of mental health complications following a pregnancy loss, and the symptoms, severity, and duration of such cases, toward the goal of more fully identifying the characteristics of such cases and developing diagnostic techniques. (2) Report.--Beginning not later than 3 years after the date of the enactment of this Act, and periodically thereafter for the duration of the study under paragraph (1), the Director of the Institute shall prepare and submit to the Congress a report on the findings of the study, any progress with respect to the study, and methodologies used to conduct the study. 102. 201. GRANT PROGRAM FOR CLINICAL MENTAL HEALTH CONDITIONS FOLLOWING A PREGNANCY LOSS. (a) In General.--The Secretary of Health and Human Services (in this title referred to as the ``Secretary'') shall in accordance with this title make grants to provide for projects for the establishment, operation, and coordination of effective and cost-efficient systems for the delivery of mental health services to individuals struggling with clinical mental health conditions following a pregnancy loss. (b) Recipients of Grants.--A grant under subsection (a) may be made to an entity only if the entity-- (1) is a public or nonprofit private entity, which may include a State or local government; a public or nonprofit private hospital, community-based organization, community health center, migrant health center, or homeless health center; or other appropriate public or nonprofit private entity; and (2) has experience in providing the services described in subsection (a) before the date of the enactment of this Act. (2) Delivering or enhancing inpatient care management services that ensure the well being of the mother and family, and the future development of the infant. (3) Improving the quality, availability, and organization of health care and support services (including transportation services, attendant care, homemaker services, day or respite care, and providing counseling on financial assistance and insurance) for individuals with mental health conditions following a pregnancy loss. 254b). 202. A grant may be made under section 201 only if the applicant involved makes the following agreements: (1) Not more than 5 percent of the grant will be used for administration, accounting, reporting, and program oversight functions. As deemed appropriate by the Secretary, such limitations on charges may vary based on the financial circumstances of the individual receiving services. (5) The applicant will, at each site at which the applicant provides services under section 201(a), post a conspicuous notice informing individuals who receive the services of any Federal policies that apply to the applicant with respect to the imposition of charges on such individuals. 203. TECHNICAL ASSISTANCE. 204. NO FUNDS FOR CERTAIN ABORTION PROVIDERS. (a) In General.--Notwithstanding any other provision of law, none of the funds made available by this Act may be made available either directly, through a State (including through managed care contracts with a State), or through any other means, to a prohibited entity. (b) Prohibited Entity.--The term ``prohibited entity'' means an entity, including its affiliates, subsidiaries, successors, and clinics that, as of the date of enactment of this Act-- (1) is an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code; (2) is an essential community provider described in section 156.235 of title 45, Code of Federal Regulations (as in effect on the date of enactment of this Act), that is primarily engaged in family planning services, reproductive health, and related medical care; and (3) performs, or provides any funds to any other entity that performs, abortions, other than-- (A) in the case of a pregnancy that is the result of an act of rape or incest; or (B) in the case where a woman suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the woman in danger of death unless an abortion is performed, including a life endangering physical condition caused by, or arising from, the pregnancy itself. (c) End of Prohibition.--The definition in subsection (b) shall cease to apply to an entity if such entity certifies that it, including its affiliates, subsidiaries, successors, and clinics, will not perform, and will not provide any funds to any other entity that performs, an abortion described in subsection (b)(3). (d) Repayment by Prohibited Entity.--The Secretary of Health and Human Services shall seek repayment of any Federal assistance received by any entity that had made a certification described in subsection (c) and subsequently violated the terms of such certification. SEC. 205. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--For the purpose of carrying out this title, there is authorized to be appropriated $4,500,000 for each of the fiscal years 2022 through 2023. (b) Limitation.--Any amounts appropriated under this title are subject to the requirements and limitations under sections 506 and 507 of division H of the Consolidated Appropriations Act, 2021 (Public Law 116-260) in the same manner and to the same extent as if such amounts for each year were appropriated under such division.

To provide research on, and services for, individuals with clinical mental health complications following a pregnancy loss, and for other purposes. a) In General.--The Secretary of Health and Human Services, acting through the Director of the National Institutes of Health and the Director of the National Institute of Mental Health (in this section referred to as the ``Institute''), shall expand and intensify research and related activities of the Institute with respect to clinical mental health complications, including persistent complex bereavement disorder, following a pregnancy loss (including a miscarriage, stillbirth, or abortion). ( (c) Programs for Pregnancy Loss Conditions.--In carrying out subsection (a), the Director of the Institute shall conduct or support research to expand the understanding of the causes of, and to identify treatment for, mental health conditions following a pregnancy loss, including the following: (1) Basic research concerning the etiology and causes of the conditions. ( d) Longitudinal Study.-- (1) In general.--The Director of the Institute shall conduct a national longitudinal study to determine the prevalence of mental health complications following a pregnancy loss, and the symptoms, severity, and duration of such cases, toward the goal of more fully identifying the characteristics of such cases and developing diagnostic techniques. ( (b) Limitation.--Any amounts appropriated under this title are subject to the requirements and limitations under sections 506 and 507 of division H of the Consolidated Appropriations Act, 2021 (Public Law 116-260) in the same manner and to the same extent as if such amounts for each year were appropriated under such division. a) In General.--The Secretary of Health and Human Services (in this title referred to as the ``Secretary'') shall in accordance with this title make grants to provide for projects for the establishment, operation, and coordination of effective and cost-efficient systems for the delivery of mental health services to individuals struggling with clinical mental health conditions following a pregnancy loss. ( (c) Certain Activities.--To the extent practicable and appropriate, the Secretary shall ensure that projects under subsection (a) provide services for the screening, diagnosis, and management of mental health conditions, including persistent complex bereavement disorders, following a pregnancy loss. 2) Delivering or enhancing inpatient care management services that ensure the well being of the mother and family, and the future development of the infant. ( A grant may be made under section 201 only if the applicant involved makes the following agreements: (1) Not more than 5 percent of the grant will be used for administration, accounting, reporting, and program oversight functions. ( 5) The applicant will, at each site at which the applicant provides services under section 201(a), post a conspicuous notice informing individuals who receive the services of any Federal policies that apply to the applicant with respect to the imposition of charges on such individuals. The Secretary may provide technical assistance to assist entities in complying with the requirements of this title in order to make such entities eligible to receive grants under section 201. NO FUNDS FOR CERTAIN ABORTION PROVIDERS. ( c) End of Prohibition.--The definition in subsection (b) shall cease to apply to an entity if such entity certifies that it, including its affiliates, subsidiaries, successors, and clinics, will not perform, and will not provide any funds to any other entity that performs, an abortion described in subsection (b)(3). (d) Repayment by Prohibited Entity.--The Secretary of Health and Human Services shall seek repayment of any Federal assistance received by any entity that had made a certification described in subsection (c) and subsequently violated the terms of such certification. a) In General.--For the purpose of carrying out this title, there is authorized to be appropriated $4,500,000 for each of the fiscal years 2022 through 2023. (

To provide research on, and services for, individuals with clinical mental health complications following a pregnancy loss, and for other purposes. b) Coordination With Other Institutes.--The Director of the Institute shall coordinate the activities of the Director under subsection (a) with similar activities conducted by the other national research institutes and agencies of the National Institutes of Health to the extent that such Institutes and agencies have responsibilities that are related to clinical mental health complications following a pregnancy loss (including a miscarriage, stillbirth, or abortion). ( 2) The development of improved screening and diagnostic techniques. ( (2) Report.--Beginning not later than 3 years after the date of the enactment of this Act, and periodically thereafter for the duration of the study under paragraph (1), the Director of the Institute shall prepare and submit to the Congress a report on the findings of the study, any progress with respect to the study, and methodologies used to conduct the study. c) Certain Activities.--To the extent practicable and appropriate, the Secretary shall ensure that projects under subsection (a) provide services for the screening, diagnosis, and management of mental health conditions, including persistent complex bereavement disorders, following a pregnancy loss. Such activities may include the following: (1) Delivering or enhancing outpatient and home-based health and support services (including case management, screening and mental health treatment services) for individuals with, or who are at risk of developing, mental health complications following a pregnancy loss, and delivering or enhancing support services for the families of such individuals. ( 2) The grant will be used to supplement and not supplant funds from other sources related to the treatment of clinical mental health conditions following a pregnancy loss. ( (4) The grant will not be expended to make payment for services authorized under section 201(a) to the extent that payment has been made, or can reasonably be expected to be made, with respect to such services-- (A) under any State compensation program, under an insurance policy, or under any Federal or State health benefits program; or (B) by an entity that provides health services on a prepaid basis. ( 5) The applicant will, at each site at which the applicant provides services under section 201(a), post a conspicuous notice informing individuals who receive the services of any Federal policies that apply to the applicant with respect to the imposition of charges on such individuals. c) End of Prohibition.--The definition in subsection (b) shall cease to apply to an entity if such entity certifies that it, including its affiliates, subsidiaries, successors, and clinics, will not perform, and will not provide any funds to any other entity that performs, an abortion described in subsection (b)(3). ( d) Repayment by Prohibited Entity.--The Secretary of Health and Human Services shall seek repayment of any Federal assistance received by any entity that had made a certification described in subsection (c) and subsequently violated the terms of such certification.

To provide research on, and services for, individuals with clinical mental health complications following a pregnancy loss, and for other purposes. b) Coordination With Other Institutes.--The Director of the Institute shall coordinate the activities of the Director under subsection (a) with similar activities conducted by the other national research institutes and agencies of the National Institutes of Health to the extent that such Institutes and agencies have responsibilities that are related to clinical mental health complications following a pregnancy loss (including a miscarriage, stillbirth, or abortion). ( 2) The development of improved screening and diagnostic techniques. ( (2) Report.--Beginning not later than 3 years after the date of the enactment of this Act, and periodically thereafter for the duration of the study under paragraph (1), the Director of the Institute shall prepare and submit to the Congress a report on the findings of the study, any progress with respect to the study, and methodologies used to conduct the study. c) Certain Activities.--To the extent practicable and appropriate, the Secretary shall ensure that projects under subsection (a) provide services for the screening, diagnosis, and management of mental health conditions, including persistent complex bereavement disorders, following a pregnancy loss. Such activities may include the following: (1) Delivering or enhancing outpatient and home-based health and support services (including case management, screening and mental health treatment services) for individuals with, or who are at risk of developing, mental health complications following a pregnancy loss, and delivering or enhancing support services for the families of such individuals. ( 2) The grant will be used to supplement and not supplant funds from other sources related to the treatment of clinical mental health conditions following a pregnancy loss. ( (4) The grant will not be expended to make payment for services authorized under section 201(a) to the extent that payment has been made, or can reasonably be expected to be made, with respect to such services-- (A) under any State compensation program, under an insurance policy, or under any Federal or State health benefits program; or (B) by an entity that provides health services on a prepaid basis. ( 5) The applicant will, at each site at which the applicant provides services under section 201(a), post a conspicuous notice informing individuals who receive the services of any Federal policies that apply to the applicant with respect to the imposition of charges on such individuals. c) End of Prohibition.--The definition in subsection (b) shall cease to apply to an entity if such entity certifies that it, including its affiliates, subsidiaries, successors, and clinics, will not perform, and will not provide any funds to any other entity that performs, an abortion described in subsection (b)(3). ( d) Repayment by Prohibited Entity.--The Secretary of Health and Human Services shall seek repayment of any Federal assistance received by any entity that had made a certification described in subsection (c) and subsequently violated the terms of such certification.

To provide research on, and services for, individuals with clinical mental health complications following a pregnancy loss, and for other purposes. a) In General.--The Secretary of Health and Human Services, acting through the Director of the National Institutes of Health and the Director of the National Institute of Mental Health (in this section referred to as the ``Institute''), shall expand and intensify research and related activities of the Institute with respect to clinical mental health complications, including persistent complex bereavement disorder, following a pregnancy loss (including a miscarriage, stillbirth, or abortion). ( (c) Programs for Pregnancy Loss Conditions.--In carrying out subsection (a), the Director of the Institute shall conduct or support research to expand the understanding of the causes of, and to identify treatment for, mental health conditions following a pregnancy loss, including the following: (1) Basic research concerning the etiology and causes of the conditions. ( d) Longitudinal Study.-- (1) In general.--The Director of the Institute shall conduct a national longitudinal study to determine the prevalence of mental health complications following a pregnancy loss, and the symptoms, severity, and duration of such cases, toward the goal of more fully identifying the characteristics of such cases and developing diagnostic techniques. ( (b) Limitation.--Any amounts appropriated under this title are subject to the requirements and limitations under sections 506 and 507 of division H of the Consolidated Appropriations Act, 2021 (Public Law 116-260) in the same manner and to the same extent as if such amounts for each year were appropriated under such division. a) In General.--The Secretary of Health and Human Services (in this title referred to as the ``Secretary'') shall in accordance with this title make grants to provide for projects for the establishment, operation, and coordination of effective and cost-efficient systems for the delivery of mental health services to individuals struggling with clinical mental health conditions following a pregnancy loss. ( (c) Certain Activities.--To the extent practicable and appropriate, the Secretary shall ensure that projects under subsection (a) provide services for the screening, diagnosis, and management of mental health conditions, including persistent complex bereavement disorders, following a pregnancy loss. 2) Delivering or enhancing inpatient care management services that ensure the well being of the mother and family, and the future development of the infant. ( A grant may be made under section 201 only if the applicant involved makes the following agreements: (1) Not more than 5 percent of the grant will be used for administration, accounting, reporting, and program oversight functions. ( 5) The applicant will, at each site at which the applicant provides services under section 201(a), post a conspicuous notice informing individuals who receive the services of any Federal policies that apply to the applicant with respect to the imposition of charges on such individuals. The Secretary may provide technical assistance to assist entities in complying with the requirements of this title in order to make such entities eligible to receive grants under section 201. NO FUNDS FOR CERTAIN ABORTION PROVIDERS. ( c) End of Prohibition.--The definition in subsection (b) shall cease to apply to an entity if such entity certifies that it, including its affiliates, subsidiaries, successors, and clinics, will not perform, and will not provide any funds to any other entity that performs, an abortion described in subsection (b)(3). (d) Repayment by Prohibited Entity.--The Secretary of Health and Human Services shall seek repayment of any Federal assistance received by any entity that had made a certification described in subsection (c) and subsequently violated the terms of such certification. a) In General.--For the purpose of carrying out this title, there is authorized to be appropriated $4,500,000 for each of the fiscal years 2022 through 2023. (

To provide research on, and services for, individuals with clinical mental health complications following a pregnancy loss, and for other purposes. b) Coordination With Other Institutes.--The Director of the Institute shall coordinate the activities of the Director under subsection (a) with similar activities conducted by the other national research institutes and agencies of the National Institutes of Health to the extent that such Institutes and agencies have responsibilities that are related to clinical mental health complications following a pregnancy loss (including a miscarriage, stillbirth, or abortion). ( 2) The development of improved screening and diagnostic techniques. ( (2) Report.--Beginning not later than 3 years after the date of the enactment of this Act, and periodically thereafter for the duration of the study under paragraph (1), the Director of the Institute shall prepare and submit to the Congress a report on the findings of the study, any progress with respect to the study, and methodologies used to conduct the study. c) Certain Activities.--To the extent practicable and appropriate, the Secretary shall ensure that projects under subsection (a) provide services for the screening, diagnosis, and management of mental health conditions, including persistent complex bereavement disorders, following a pregnancy loss. Such activities may include the following: (1) Delivering or enhancing outpatient and home-based health and support services (including case management, screening and mental health treatment services) for individuals with, or who are at risk of developing, mental health complications following a pregnancy loss, and delivering or enhancing support services for the families of such individuals. ( 2) The grant will be used to supplement and not supplant funds from other sources related to the treatment of clinical mental health conditions following a pregnancy loss. ( (4) The grant will not be expended to make payment for services authorized under section 201(a) to the extent that payment has been made, or can reasonably be expected to be made, with respect to such services-- (A) under any State compensation program, under an insurance policy, or under any Federal or State health benefits program; or (B) by an entity that provides health services on a prepaid basis. ( 5) The applicant will, at each site at which the applicant provides services under section 201(a), post a conspicuous notice informing individuals who receive the services of any Federal policies that apply to the applicant with respect to the imposition of charges on such individuals. c) End of Prohibition.--The definition in subsection (b) shall cease to apply to an entity if such entity certifies that it, including its affiliates, subsidiaries, successors, and clinics, will not perform, and will not provide any funds to any other entity that performs, an abortion described in subsection (b)(3). ( d) Repayment by Prohibited Entity.--The Secretary of Health and Human Services shall seek repayment of any Federal assistance received by any entity that had made a certification described in subsection (c) and subsequently violated the terms of such certification.

To provide research on, and services for, individuals with clinical mental health complications following a pregnancy loss, and for other purposes. a) In General.--The Secretary of Health and Human Services, acting through the Director of the National Institutes of Health and the Director of the National Institute of Mental Health (in this section referred to as the ``Institute''), shall expand and intensify research and related activities of the Institute with respect to clinical mental health complications, including persistent complex bereavement disorder, following a pregnancy loss (including a miscarriage, stillbirth, or abortion). ( (c) Programs for Pregnancy Loss Conditions.--In carrying out subsection (a), the Director of the Institute shall conduct or support research to expand the understanding of the causes of, and to identify treatment for, mental health conditions following a pregnancy loss, including the following: (1) Basic research concerning the etiology and causes of the conditions. ( d) Longitudinal Study.-- (1) In general.--The Director of the Institute shall conduct a national longitudinal study to determine the prevalence of mental health complications following a pregnancy loss, and the symptoms, severity, and duration of such cases, toward the goal of more fully identifying the characteristics of such cases and developing diagnostic techniques. ( (b) Limitation.--Any amounts appropriated under this title are subject to the requirements and limitations under sections 506 and 507 of division H of the Consolidated Appropriations Act, 2021 (Public Law 116-260) in the same manner and to the same extent as if such amounts for each year were appropriated under such division. a) In General.--The Secretary of Health and Human Services (in this title referred to as the ``Secretary'') shall in accordance with this title make grants to provide for projects for the establishment, operation, and coordination of effective and cost-efficient systems for the delivery of mental health services to individuals struggling with clinical mental health conditions following a pregnancy loss. ( (c) Certain Activities.--To the extent practicable and appropriate, the Secretary shall ensure that projects under subsection (a) provide services for the screening, diagnosis, and management of mental health conditions, including persistent complex bereavement disorders, following a pregnancy loss. 2) Delivering or enhancing inpatient care management services that ensure the well being of the mother and family, and the future development of the infant. ( A grant may be made under section 201 only if the applicant involved makes the following agreements: (1) Not more than 5 percent of the grant will be used for administration, accounting, reporting, and program oversight functions. ( 5) The applicant will, at each site at which the applicant provides services under section 201(a), post a conspicuous notice informing individuals who receive the services of any Federal policies that apply to the applicant with respect to the imposition of charges on such individuals. The Secretary may provide technical assistance to assist entities in complying with the requirements of this title in order to make such entities eligible to receive grants under section 201. NO FUNDS FOR CERTAIN ABORTION PROVIDERS. ( c) End of Prohibition.--The definition in subsection (b) shall cease to apply to an entity if such entity certifies that it, including its affiliates, subsidiaries, successors, and clinics, will not perform, and will not provide any funds to any other entity that performs, an abortion described in subsection (b)(3). (d) Repayment by Prohibited Entity.--The Secretary of Health and Human Services shall seek repayment of any Federal assistance received by any entity that had made a certification described in subsection (c) and subsequently violated the terms of such certification. a) In General.--For the purpose of carrying out this title, there is authorized to be appropriated $4,500,000 for each of the fiscal years 2022 through 2023. (

To provide research on, and services for, individuals with clinical mental health complications following a pregnancy loss, and for other purposes. b) Coordination With Other Institutes.--The Director of the Institute shall coordinate the activities of the Director under subsection (a) with similar activities conducted by the other national research institutes and agencies of the National Institutes of Health to the extent that such Institutes and agencies have responsibilities that are related to clinical mental health complications following a pregnancy loss (including a miscarriage, stillbirth, or abortion). ( 2) The development of improved screening and diagnostic techniques. ( (2) Report.--Beginning not later than 3 years after the date of the enactment of this Act, and periodically thereafter for the duration of the study under paragraph (1), the Director of the Institute shall prepare and submit to the Congress a report on the findings of the study, any progress with respect to the study, and methodologies used to conduct the study. c) Certain Activities.--To the extent practicable and appropriate, the Secretary shall ensure that projects under subsection (a) provide services for the screening, diagnosis, and management of mental health conditions, including persistent complex bereavement disorders, following a pregnancy loss. Such activities may include the following: (1) Delivering or enhancing outpatient and home-based health and support services (including case management, screening and mental health treatment services) for individuals with, or who are at risk of developing, mental health complications following a pregnancy loss, and delivering or enhancing support services for the families of such individuals. ( 2) The grant will be used to supplement and not supplant funds from other sources related to the treatment of clinical mental health conditions following a pregnancy loss. ( (4) The grant will not be expended to make payment for services authorized under section 201(a) to the extent that payment has been made, or can reasonably be expected to be made, with respect to such services-- (A) under any State compensation program, under an insurance policy, or under any Federal or State health benefits program; or (B) by an entity that provides health services on a prepaid basis. ( 5) The applicant will, at each site at which the applicant provides services under section 201(a), post a conspicuous notice informing individuals who receive the services of any Federal policies that apply to the applicant with respect to the imposition of charges on such individuals. c) End of Prohibition.--The definition in subsection (b) shall cease to apply to an entity if such entity certifies that it, including its affiliates, subsidiaries, successors, and clinics, will not perform, and will not provide any funds to any other entity that performs, an abortion described in subsection (b)(3). ( d) Repayment by Prohibited Entity.--The Secretary of Health and Human Services shall seek repayment of any Federal assistance received by any entity that had made a certification described in subsection (c) and subsequently violated the terms of such certification.

To provide research on, and services for, individuals with clinical mental health complications following a pregnancy loss, and for other purposes. d) Longitudinal Study.-- (1) In general.--The Director of the Institute shall conduct a national longitudinal study to determine the prevalence of mental health complications following a pregnancy loss, and the symptoms, severity, and duration of such cases, toward the goal of more fully identifying the characteristics of such cases and developing diagnostic techniques. ( (b) Limitation.--Any amounts appropriated under this title are subject to the requirements and limitations under sections 506 and 507 of division H of the Consolidated Appropriations Act, 2021 (Public Law 116-260) in the same manner and to the same extent as if such amounts for each year were appropriated under such division. c) Certain Activities.--To the extent practicable and appropriate, the Secretary shall ensure that projects under subsection (a) provide services for the screening, diagnosis, and management of mental health conditions, including persistent complex bereavement disorders, following a pregnancy loss. ( 5) The applicant will, at each site at which the applicant provides services under section 201(a), post a conspicuous notice informing individuals who receive the services of any Federal policies that apply to the applicant with respect to the imposition of charges on such individuals. d) Repayment by Prohibited Entity.--The Secretary of Health and Human Services shall seek repayment of any Federal assistance received by any entity that had made a certification described in subsection (c) and subsequently violated the terms of such certification.

To provide research on, and services for, individuals with clinical mental health complications following a pregnancy loss, and for other purposes. b) Coordination With Other Institutes.--The Director of the Institute shall coordinate the activities of the Director under subsection (a) with similar activities conducted by the other national research institutes and agencies of the National Institutes of Health to the extent that such Institutes and agencies have responsibilities that are related to clinical mental health complications following a pregnancy loss (including a miscarriage, stillbirth, or abortion). ( ( 5) The applicant will, at each site at which the applicant provides services under section 201(a), post a conspicuous notice informing individuals who receive the services of any Federal policies that apply to the applicant with respect to the imposition of charges on such individuals. c) End of Prohibition.--The definition in subsection (b) shall cease to apply to an entity if such entity certifies that it, including its affiliates, subsidiaries, successors, and clinics, will not perform, and will not provide any funds to any other entity that performs, an abortion described in subsection (b)(3). (

To provide research on, and services for, individuals with clinical mental health complications following a pregnancy loss, and for other purposes. d) Longitudinal Study.-- (1) In general.--The Director of the Institute shall conduct a national longitudinal study to determine the prevalence of mental health complications following a pregnancy loss, and the symptoms, severity, and duration of such cases, toward the goal of more fully identifying the characteristics of such cases and developing diagnostic techniques. ( (b) Limitation.--Any amounts appropriated under this title are subject to the requirements and limitations under sections 506 and 507 of division H of the Consolidated Appropriations Act, 2021 (Public Law 116-260) in the same manner and to the same extent as if such amounts for each year were appropriated under such division. c) Certain Activities.--To the extent practicable and appropriate, the Secretary shall ensure that projects under subsection (a) provide services for the screening, diagnosis, and management of mental health conditions, including persistent complex bereavement disorders, following a pregnancy loss. ( 5) The applicant will, at each site at which the applicant provides services under section 201(a), post a conspicuous notice informing individuals who receive the services of any Federal policies that apply to the applicant with respect to the imposition of charges on such individuals. d) Repayment by Prohibited Entity.--The Secretary of Health and Human Services shall seek repayment of any Federal assistance received by any entity that had made a certification described in subsection (c) and subsequently violated the terms of such certification.

Pregnancy Loss Mental Health Research Act of 2021 - Directs the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health (NIH), to expand and intensify NIH research and related activities with respect to clinical mental health complications, including persistent complex bereavement disorder, following a pregnancy loss (including a miscarriage, stillbirth, or abortion). (Sec. 102 Authorizes appropriations for FY 2022 through 2023 for the treatment of clinical mental health conditions following a pregnancy loss. (Sec. 203) Prohibits the use of funds made available by this Act to make available either directly, through a state (including through managed care contracts with a state), or through any other means to a prohibited entity. (Prohibits such funds from being made

H.R.3878

Families

Expanding Employer-Sponsored Child Care Grants Act of 2021 This bill expands the temporary child care stabilization grant program to permit states to award subgrants to a business for the provision or expansion of child care services for its employees.

To amend section 2202 of the American Rescue Plan Act of 2021 to authorize States to expand the uses of the child care stabilization funds to include support for grants to increase access to child care through the establishment and expansion of child care programs by businesses. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; PURPOSE. (a) Short Title.--This Act may be cited as the ``Expanding Employer-Sponsored Child Care Grants Act of 2021''. (b) Purpose.--The purpose of this Act is to support the recovery and stability of the United States economy by providing grants to businesses to aid in opening child care programs, establishing partnerships with existing providers, or expanding existing child care services to meet the demand for child care for working parents. SEC. 2. AMENDMENTS. Section 2202 of the American Rescue Plan Act of 2021 (Public Law 117-2; March 11, 2021) is amended-- (1) in subsection (e)(1), by striking ``such a subgrant'' and inserting ``a subgrant under subsection (d)''; (2) by redesignating subsection (f) as subsection (h); and (3) by inserting after subsection (e) the following: ``(f) Subgrants for Businesses to Provide Child Care Services.-- ``(1) In general.--Notwithstanding paragraphs (1) and (2)(A) of subsection (d), and with the authorization of the State under paragraph (5), the lead agency may use any unobligated grant funds awarded pursuant to subsection (c) (including any such funds otherwise reserved under subsection (d)(1)) to make subgrants to eligible businesses to assist in paying for the establishment and operation or expansion of child care services for a transition period of not more than 9 months, so that working parents have a safe place for their children to receive child care. Any fund used for subgrants under this subsection shall be obligated before October 1, 2024, and expended before October 1, 2025. Subgrants made under this subsection shall be known as `Expanding Employer-Sponsored Child Care subgrants'. ``(2) Definitions.--In this subsection: ``(A) Eligible business.--The term `eligible business' means a business that seeks to provide or expand child care services for the children of such business' employees or to partner with an eligible child care provider for such services. ``(B) Eligible child care provider.-- Notwithstanding subsection (a)(2), the term `eligible child care provider' means-- ``(i) an eligible child care provider, as defined in section 658P(6)(A) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858n(6)(A)); ``(ii) a child care provider that-- ``(I) is license-exempt and operating legally in the State; ``(II) is not providing child care services to relatives; and ``(III) satisfies State and local requirements, including those referenced in section 658E(c)(2)(I) of the Child Care and Development Block Grant Act of 1990 ((42 U.S.C. 9858c)(c)(2)(I)); or ``(iii) a new child care provider that, on or before the date such provider begins to provide child care services, will-- ``(I) be licensed, regulated, or registered in the State, territory, or Indian Tribe; and ``(II) meet applicable State and local health and safety requirements. ``(3) Requirements of lead agency.--In carrying out this subsection, a lead agency shall-- ``(A) require as a condition of receiving a subgrant under this subsection that each eligible business applying for such a subgrant-- ``(i)(I) will use subgrant funds for the sole purpose of establishing or expanding a child care program and providing child care services for the children of such business' employees; or ``(II) will operate in partnership with an eligible child care provider to provide child care services for the children of such business' employees; ``(ii) agree to follow all applicable State, local, and Tribal health and safety requirements and, if applicable, enhanced protocols for child care services related to COVID-19 or another health or safety condition; ``(iii) agree to comply with any reporting requirements the lead agency determines are necessary for the agency to comply with paragraph (6); and ``(iv) certify in good faith that the child care program of the business will remain open for not less than 1 year after receiving such a subgrant unless such program is closed due to extraordinary circumstances, including a state of emergency declared by the Governor or a major disaster or emergency declared by the President under section 401 or 501, respectively, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170, 5191); ``(B) ensure eligible businesses in urban, suburban, and rural areas can readily apply for and access funding under this section, which shall include the provision of technical assistance either directly or through resource and referral agencies; ``(C) give priority for subgrant awards according to geographically based child care service needs across the State or Tribal community, with special consideration given to rural areas; and ``(D) make available to the public, which shall include, at a minimum, posting to an internet website of the lead agency-- ``(i) notice of funding availability through subgrants for eligible businesses under this section; and ``(ii) the criteria for awarding subgrants for eligible businesses. ``(4) Subgrants to businesses.-- ``(A) Use of funds.--An eligible business that receives funds through a subgrant authorized under this subsection shall use such funds to carry out activities related to establishing a child care program, expanding a child care program, or contracting with an eligible child care provider to offer child care services for the employees of such business. ``(B) Subgrant application.--To be eligible to receive a subgrant under this paragraph, an eligible business shall submit an application to the lead agency in such form and containing such information as the lead agency may reasonably require, including-- ``(i) a plan for offering access or expanding access to child care services for the employees of such business that includes-- ``(I) information describing how the eligible business will use the subgrant funds to cover slots for the children of their employees; ``(II) if applicable, the amount of tuition or copayments employees will be expected to pay; ``(III) child care enrollment and attendance projections or, if applicable, how funds used for expansion will increase the enrollment and attendance projections; and ``(IV) a demonstration of how the eligible business will sustain its operations after the cessation of funding under this section; ``(ii) assurances that the eligible business will-- ``(I) report to the lead agency data on current average enrollment and attendance; ``(II) provide any documentation to the lead agency that the agency determines is necessary to comply with paragraph (6), including providing documentation of expenditures of subgrant funds; and ``(III) implement all applicable State, local, and Tribal health and safety requirements and, if applicable, enhanced protocols for child care services and related to COVID-19 or another health or safety condition; and ``(iii) a certification in good faith that the child care program will remain open for not less than 1 year after receiving a subgrant under this subsection unless such program is closed due to extraordinary circumstances described in paragraph (3)(A)(iv). ``(C) Repayment of subgrant funds.--An eligible business that receives a subgrant under this paragraph shall be required to repay the subgrant funds if the lead agency determines that the business fails to provide the assurances described in subparagraph (B)(ii), or to comply with such an assurance. ``(5) Amended plan and report.--If a State elects to authorize the lead agency to provide subgrants to eligible businesses under this subsection, the State shall amend the State plan submitted under section 658E of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858c) to specify-- ``(A) how the lead agency plans to award subgrants to eligible businesses; ``(B) how the lead agency will consider priorities for subgrants related to geographically based child care service needs across the State or Tribal community and in rural areas; and ``(C) any goals regarding increase in access to child care, such as-- ``(i) the number or type of eligible businesses that will receive a subgrant under this subsection; or ``(ii) the increase in the number of children served State-wide. ``(6) Reporting requirements.-- ``(A) Lead agency report.--A lead agency that makes subgrants under this subsection shall, not later than January 1, 2026, submit a report on such subgrants to the Secretary that includes, for the State or Tribal community involved-- ``(i) a description of how the lead agency determined-- ``(I) the criteria for awarding subgrants for eligible businesses, including the methodology the lead agency used to determine and disburse funds to such businesses; and ``(II) the types of eligible businesses that received priority for the subgrants, including considerations related to geographically based child care service needs across the State or Tribal community and in rural areas; ``(ii) the number of eligible businesses that received a subgrant under this subsection, disaggregated by age of children served, geography, region, the average and range of the amounts of the subgrants awarded, and whether such businesses were operating their own child care program or partnering with an eligible child care provider; and ``(iii) information concerning how eligible businesses receiving subgrants under this subsection used the subgrant funding received. ``(B) Report to congress.--Not later than 90 days after receiving the lead agency reports required under subparagraph (A), the Secretary shall make publicly available and provide to the Committee on Finance and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor and the Committee on Ways and Means of the House of Representatives a report summarizing the findings of the lead agency reports.''. <all>

Expanding Employer-Sponsored Child Care Grants Act of 2021

To amend section 2202 of the American Rescue Plan Act of 2021 to authorize States to expand the uses of the child care stabilization funds to include support for grants to increase access to child care through the establishment and expansion of child care programs by businesses.

Expanding Employer-Sponsored Child Care Grants Act of 2021

Rep. Steel, Michelle

R

CA

This bill expands the temporary child care stabilization grant program to permit states to award subgrants to a business for the provision or expansion of child care services for its employees.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; PURPOSE. (a) Short Title.--This Act may be cited as the ``Expanding Employer-Sponsored Child Care Grants Act of 2021''. Subgrants made under this subsection shall be known as `Expanding Employer-Sponsored Child Care subgrants'. ``(2) Definitions.--In this subsection: ``(A) Eligible business.--The term `eligible business' means a business that seeks to provide or expand child care services for the children of such business' employees or to partner with an eligible child care provider for such services. ``(B) Subgrant application.--To be eligible to receive a subgrant under this paragraph, an eligible business shall submit an application to the lead agency in such form and containing such information as the lead agency may reasonably require, including-- ``(i) a plan for offering access or expanding access to child care services for the employees of such business that includes-- ``(I) information describing how the eligible business will use the subgrant funds to cover slots for the children of their employees; ``(II) if applicable, the amount of tuition or copayments employees will be expected to pay; ``(III) child care enrollment and attendance projections or, if applicable, how funds used for expansion will increase the enrollment and attendance projections; and ``(IV) a demonstration of how the eligible business will sustain its operations after the cessation of funding under this section; ``(ii) assurances that the eligible business will-- ``(I) report to the lead agency data on current average enrollment and attendance; ``(II) provide any documentation to the lead agency that the agency determines is necessary to comply with paragraph (6), including providing documentation of expenditures of subgrant funds; and ``(III) implement all applicable State, local, and Tribal health and safety requirements and, if applicable, enhanced protocols for child care services and related to COVID-19 or another health or safety condition; and ``(iii) a certification in good faith that the child care program will remain open for not less than 1 year after receiving a subgrant under this subsection unless such program is closed due to extraordinary circumstances described in paragraph (3)(A)(iv). ``(C) Repayment of subgrant funds.--An eligible business that receives a subgrant under this paragraph shall be required to repay the subgrant funds if the lead agency determines that the business fails to provide the assurances described in subparagraph (B)(ii), or to comply with such an assurance. ``(B) Report to congress.--Not later than 90 days after receiving the lead agency reports required under subparagraph (A), the Secretary shall make publicly available and provide to the Committee on Finance and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor and the Committee on Ways and Means of the House of Representatives a report summarizing the findings of the lead agency reports.''.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. (a) Short Title.--This Act may be cited as the ``Expanding Employer-Sponsored Child Care Grants Act of 2021''. Subgrants made under this subsection shall be known as `Expanding Employer-Sponsored Child Care subgrants'. ``(2) Definitions.--In this subsection: ``(A) Eligible business.--The term `eligible business' means a business that seeks to provide or expand child care services for the children of such business' employees or to partner with an eligible child care provider for such services. ``(C) Repayment of subgrant funds.--An eligible business that receives a subgrant under this paragraph shall be required to repay the subgrant funds if the lead agency determines that the business fails to provide the assurances described in subparagraph (B)(ii), or to comply with such an assurance. ``(B) Report to congress.--Not later than 90 days after receiving the lead agency reports required under subparagraph (A), the Secretary shall make publicly available and provide to the Committee on Finance and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor and the Committee on Ways and Means of the House of Representatives a report summarizing the findings of the lead agency reports.''.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; PURPOSE. (a) Short Title.--This Act may be cited as the ``Expanding Employer-Sponsored Child Care Grants Act of 2021''. (b) Purpose.--The purpose of this Act is to support the recovery and stability of the United States economy by providing grants to businesses to aid in opening child care programs, establishing partnerships with existing providers, or expanding existing child care services to meet the demand for child care for working parents. SEC. AMENDMENTS. Any fund used for subgrants under this subsection shall be obligated before October 1, 2024, and expended before October 1, 2025. Subgrants made under this subsection shall be known as `Expanding Employer-Sponsored Child Care subgrants'. ``(2) Definitions.--In this subsection: ``(A) Eligible business.--The term `eligible business' means a business that seeks to provide or expand child care services for the children of such business' employees or to partner with an eligible child care provider for such services. 5170, 5191); ``(B) ensure eligible businesses in urban, suburban, and rural areas can readily apply for and access funding under this section, which shall include the provision of technical assistance either directly or through resource and referral agencies; ``(C) give priority for subgrant awards according to geographically based child care service needs across the State or Tribal community, with special consideration given to rural areas; and ``(D) make available to the public, which shall include, at a minimum, posting to an internet website of the lead agency-- ``(i) notice of funding availability through subgrants for eligible businesses under this section; and ``(ii) the criteria for awarding subgrants for eligible businesses. ``(B) Subgrant application.--To be eligible to receive a subgrant under this paragraph, an eligible business shall submit an application to the lead agency in such form and containing such information as the lead agency may reasonably require, including-- ``(i) a plan for offering access or expanding access to child care services for the employees of such business that includes-- ``(I) information describing how the eligible business will use the subgrant funds to cover slots for the children of their employees; ``(II) if applicable, the amount of tuition or copayments employees will be expected to pay; ``(III) child care enrollment and attendance projections or, if applicable, how funds used for expansion will increase the enrollment and attendance projections; and ``(IV) a demonstration of how the eligible business will sustain its operations after the cessation of funding under this section; ``(ii) assurances that the eligible business will-- ``(I) report to the lead agency data on current average enrollment and attendance; ``(II) provide any documentation to the lead agency that the agency determines is necessary to comply with paragraph (6), including providing documentation of expenditures of subgrant funds; and ``(III) implement all applicable State, local, and Tribal health and safety requirements and, if applicable, enhanced protocols for child care services and related to COVID-19 or another health or safety condition; and ``(iii) a certification in good faith that the child care program will remain open for not less than 1 year after receiving a subgrant under this subsection unless such program is closed due to extraordinary circumstances described in paragraph (3)(A)(iv). ``(C) Repayment of subgrant funds.--An eligible business that receives a subgrant under this paragraph shall be required to repay the subgrant funds if the lead agency determines that the business fails to provide the assurances described in subparagraph (B)(ii), or to comply with such an assurance. ``(5) Amended plan and report.--If a State elects to authorize the lead agency to provide subgrants to eligible businesses under this subsection, the State shall amend the State plan submitted under section 658E of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. ``(B) Report to congress.--Not later than 90 days after receiving the lead agency reports required under subparagraph (A), the Secretary shall make publicly available and provide to the Committee on Finance and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor and the Committee on Ways and Means of the House of Representatives a report summarizing the findings of the lead agency reports.''.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; PURPOSE. (a) Short Title.--This Act may be cited as the ``Expanding Employer-Sponsored Child Care Grants Act of 2021''. (b) Purpose.--The purpose of this Act is to support the recovery and stability of the United States economy by providing grants to businesses to aid in opening child care programs, establishing partnerships with existing providers, or expanding existing child care services to meet the demand for child care for working parents. SEC. AMENDMENTS. Section 2202 of the American Rescue Plan Act of 2021 (Public Law 117-2; March 11, 2021) is amended-- (1) in subsection (e)(1), by striking ``such a subgrant'' and inserting ``a subgrant under subsection (d)''; (2) by redesignating subsection (f) as subsection (h); and (3) by inserting after subsection (e) the following: ``(f) Subgrants for Businesses to Provide Child Care Services.-- ``(1) In general.--Notwithstanding paragraphs (1) and (2)(A) of subsection (d), and with the authorization of the State under paragraph (5), the lead agency may use any unobligated grant funds awarded pursuant to subsection (c) (including any such funds otherwise reserved under subsection (d)(1)) to make subgrants to eligible businesses to assist in paying for the establishment and operation or expansion of child care services for a transition period of not more than 9 months, so that working parents have a safe place for their children to receive child care. Any fund used for subgrants under this subsection shall be obligated before October 1, 2024, and expended before October 1, 2025. Subgrants made under this subsection shall be known as `Expanding Employer-Sponsored Child Care subgrants'. ``(2) Definitions.--In this subsection: ``(A) Eligible business.--The term `eligible business' means a business that seeks to provide or expand child care services for the children of such business' employees or to partner with an eligible child care provider for such services. 9858c)(c)(2)(I)); or ``(iii) a new child care provider that, on or before the date such provider begins to provide child care services, will-- ``(I) be licensed, regulated, or registered in the State, territory, or Indian Tribe; and ``(II) meet applicable State and local health and safety requirements. 5170, 5191); ``(B) ensure eligible businesses in urban, suburban, and rural areas can readily apply for and access funding under this section, which shall include the provision of technical assistance either directly or through resource and referral agencies; ``(C) give priority for subgrant awards according to geographically based child care service needs across the State or Tribal community, with special consideration given to rural areas; and ``(D) make available to the public, which shall include, at a minimum, posting to an internet website of the lead agency-- ``(i) notice of funding availability through subgrants for eligible businesses under this section; and ``(ii) the criteria for awarding subgrants for eligible businesses. ``(B) Subgrant application.--To be eligible to receive a subgrant under this paragraph, an eligible business shall submit an application to the lead agency in such form and containing such information as the lead agency may reasonably require, including-- ``(i) a plan for offering access or expanding access to child care services for the employees of such business that includes-- ``(I) information describing how the eligible business will use the subgrant funds to cover slots for the children of their employees; ``(II) if applicable, the amount of tuition or copayments employees will be expected to pay; ``(III) child care enrollment and attendance projections or, if applicable, how funds used for expansion will increase the enrollment and attendance projections; and ``(IV) a demonstration of how the eligible business will sustain its operations after the cessation of funding under this section; ``(ii) assurances that the eligible business will-- ``(I) report to the lead agency data on current average enrollment and attendance; ``(II) provide any documentation to the lead agency that the agency determines is necessary to comply with paragraph (6), including providing documentation of expenditures of subgrant funds; and ``(III) implement all applicable State, local, and Tribal health and safety requirements and, if applicable, enhanced protocols for child care services and related to COVID-19 or another health or safety condition; and ``(iii) a certification in good faith that the child care program will remain open for not less than 1 year after receiving a subgrant under this subsection unless such program is closed due to extraordinary circumstances described in paragraph (3)(A)(iv). ``(C) Repayment of subgrant funds.--An eligible business that receives a subgrant under this paragraph shall be required to repay the subgrant funds if the lead agency determines that the business fails to provide the assurances described in subparagraph (B)(ii), or to comply with such an assurance. ``(5) Amended plan and report.--If a State elects to authorize the lead agency to provide subgrants to eligible businesses under this subsection, the State shall amend the State plan submitted under section 658E of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. ``(B) Report to congress.--Not later than 90 days after receiving the lead agency reports required under subparagraph (A), the Secretary shall make publicly available and provide to the Committee on Finance and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor and the Committee on Ways and Means of the House of Representatives a report summarizing the findings of the lead agency reports.''.

To amend section 2202 of the American Rescue Plan Act of 2021 to authorize States to expand the uses of the child care stabilization funds to include support for grants to increase access to child care through the establishment and expansion of child care programs by businesses. b) Purpose.--The purpose of this Act is to support the recovery and stability of the United States economy by providing grants to businesses to aid in opening child care programs, establishing partnerships with existing providers, or expanding existing child care services to meet the demand for child care for working parents. Any fund used for subgrants under this subsection shall be obligated before October 1, 2024, and expended before October 1, 2025. Subgrants made under this subsection shall be known as `Expanding Employer-Sponsored Child Care subgrants'. ``(4) Subgrants to businesses.-- ``(A) Use of funds.--An eligible business that receives funds through a subgrant authorized under this subsection shall use such funds to carry out activities related to establishing a child care program, expanding a child care program, or contracting with an eligible child care provider to offer child care services for the employees of such business. ``(C) Repayment of subgrant funds.--An eligible business that receives a subgrant under this paragraph shall be required to repay the subgrant funds if the lead agency determines that the business fails to provide the assurances described in subparagraph (B)(ii), or to comply with such an assurance. ``(B) Report to congress.--Not later than 90 days after receiving the lead agency reports required under subparagraph (A), the Secretary shall make publicly available and provide to the Committee on Finance and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor and the Committee on Ways and Means of the House of Representatives a report summarizing the findings of the lead agency reports.''.

To amend section 2202 of the American Rescue Plan Act of 2021 to authorize States to expand the uses of the child care stabilization funds to include support for grants to increase access to child care through the establishment and expansion of child care programs by businesses. Subgrants made under this subsection shall be known as `Expanding Employer-Sponsored Child Care subgrants'. ``(2) Definitions.--In this subsection: ``(A) Eligible business.--The term `eligible business' means a business that seeks to provide or expand child care services for the children of such business' employees or to partner with an eligible child care provider for such services. ``(4) Subgrants to businesses.-- ``(A) Use of funds.--An eligible business that receives funds through a subgrant authorized under this subsection shall use such funds to carry out activities related to establishing a child care program, expanding a child care program, or contracting with an eligible child care provider to offer child care services for the employees of such business. ``(C) Repayment of subgrant funds.--An eligible business that receives a subgrant under this paragraph shall be required to repay the subgrant funds if the lead agency determines that the business fails to provide the assurances described in subparagraph (B)(ii), or to comply with such an assurance. ``(B) Report to congress.--Not later than 90 days after receiving the lead agency reports required under subparagraph (A), the Secretary shall make publicly available and provide to the Committee on Finance and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor and the Committee on Ways and Means of the House of Representatives a report summarizing the findings of the lead agency reports.''.

To amend section 2202 of the American Rescue Plan Act of 2021 to authorize States to expand the uses of the child care stabilization funds to include support for grants to increase access to child care through the establishment and expansion of child care programs by businesses. Subgrants made under this subsection shall be known as `Expanding Employer-Sponsored Child Care subgrants'. ``(2) Definitions.--In this subsection: ``(A) Eligible business.--The term `eligible business' means a business that seeks to provide or expand child care services for the children of such business' employees or to partner with an eligible child care provider for such services. ``(4) Subgrants to businesses.-- ``(A) Use of funds.--An eligible business that receives funds through a subgrant authorized under this subsection shall use such funds to carry out activities related to establishing a child care program, expanding a child care program, or contracting with an eligible child care provider to offer child care services for the employees of such business. ``(C) Repayment of subgrant funds.--An eligible business that receives a subgrant under this paragraph shall be required to repay the subgrant funds if the lead agency determines that the business fails to provide the assurances described in subparagraph (B)(ii), or to comply with such an assurance. ``(B) Report to congress.--Not later than 90 days after receiving the lead agency reports required under subparagraph (A), the Secretary shall make publicly available and provide to the Committee on Finance and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor and the Committee on Ways and Means of the House of Representatives a report summarizing the findings of the lead agency reports.''.

To amend section 2202 of the American Rescue Plan Act of 2021 to authorize States to expand the uses of the child care stabilization funds to include support for grants to increase access to child care through the establishment and expansion of child care programs by businesses. b) Purpose.--The purpose of this Act is to support the recovery and stability of the United States economy by providing grants to businesses to aid in opening child care programs, establishing partnerships with existing providers, or expanding existing child care services to meet the demand for child care for working parents. Any fund used for subgrants under this subsection shall be obligated before October 1, 2024, and expended before October 1, 2025. Subgrants made under this subsection shall be known as `Expanding Employer-Sponsored Child Care subgrants'. ``(4) Subgrants to businesses.-- ``(A) Use of funds.--An eligible business that receives funds through a subgrant authorized under this subsection shall use such funds to carry out activities related to establishing a child care program, expanding a child care program, or contracting with an eligible child care provider to offer child care services for the employees of such business. ``(C) Repayment of subgrant funds.--An eligible business that receives a subgrant under this paragraph shall be required to repay the subgrant funds if the lead agency determines that the business fails to provide the assurances described in subparagraph (B)(ii), or to comply with such an assurance. ``(B) Report to congress.--Not later than 90 days after receiving the lead agency reports required under subparagraph (A), the Secretary shall make publicly available and provide to the Committee on Finance and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor and the Committee on Ways and Means of the House of Representatives a report summarizing the findings of the lead agency reports.''.

To amend section 2202 of the American Rescue Plan Act of 2021 to authorize States to expand the uses of the child care stabilization funds to include support for grants to increase access to child care through the establishment and expansion of child care programs by businesses. Subgrants made under this subsection shall be known as `Expanding Employer-Sponsored Child Care subgrants'. ``(2) Definitions.--In this subsection: ``(A) Eligible business.--The term `eligible business' means a business that seeks to provide or expand child care services for the children of such business' employees or to partner with an eligible child care provider for such services. ``(4) Subgrants to businesses.-- ``(A) Use of funds.--An eligible business that receives funds through a subgrant authorized under this subsection shall use such funds to carry out activities related to establishing a child care program, expanding a child care program, or contracting with an eligible child care provider to offer child care services for the employees of such business. ``(C) Repayment of subgrant funds.--An eligible business that receives a subgrant under this paragraph shall be required to repay the subgrant funds if the lead agency determines that the business fails to provide the assurances described in subparagraph (B)(ii), or to comply with such an assurance. ``(B) Report to congress.--Not later than 90 days after receiving the lead agency reports required under subparagraph (A), the Secretary shall make publicly available and provide to the Committee on Finance and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor and the Committee on Ways and Means of the House of Representatives a report summarizing the findings of the lead agency reports.''.

To amend section 2202 of the American Rescue Plan Act of 2021 to authorize States to expand the uses of the child care stabilization funds to include support for grants to increase access to child care through the establishment and expansion of child care programs by businesses. b) Purpose.--The purpose of this Act is to support the recovery and stability of the United States economy by providing grants to businesses to aid in opening child care programs, establishing partnerships with existing providers, or expanding existing child care services to meet the demand for child care for working parents. Any fund used for subgrants under this subsection shall be obligated before October 1, 2024, and expended before October 1, 2025. Subgrants made under this subsection shall be known as `Expanding Employer-Sponsored Child Care subgrants'. ``(4) Subgrants to businesses.-- ``(A) Use of funds.--An eligible business that receives funds through a subgrant authorized under this subsection shall use such funds to carry out activities related to establishing a child care program, expanding a child care program, or contracting with an eligible child care provider to offer child care services for the employees of such business. ``(C) Repayment of subgrant funds.--An eligible business that receives a subgrant under this paragraph shall be required to repay the subgrant funds if the lead agency determines that the business fails to provide the assurances described in subparagraph (B)(ii), or to comply with such an assurance. ``(B) Report to congress.--Not later than 90 days after receiving the lead agency reports required under subparagraph (A), the Secretary shall make publicly available and provide to the Committee on Finance and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor and the Committee on Ways and Means of the House of Representatives a report summarizing the findings of the lead agency reports.''.

To amend section 2202 of the American Rescue Plan Act of 2021 to authorize States to expand the uses of the child care stabilization funds to include support for grants to increase access to child care through the establishment and expansion of child care programs by businesses. Subgrants made under this subsection shall be known as `Expanding Employer-Sponsored Child Care subgrants'. ``(2) Definitions.--In this subsection: ``(A) Eligible business.--The term `eligible business' means a business that seeks to provide or expand child care services for the children of such business' employees or to partner with an eligible child care provider for such services. ``(4) Subgrants to businesses.-- ``(A) Use of funds.--An eligible business that receives funds through a subgrant authorized under this subsection shall use such funds to carry out activities related to establishing a child care program, expanding a child care program, or contracting with an eligible child care provider to offer child care services for the employees of such business. ``(C) Repayment of subgrant funds.--An eligible business that receives a subgrant under this paragraph shall be required to repay the subgrant funds if the lead agency determines that the business fails to provide the assurances described in subparagraph (B)(ii), or to comply with such an assurance. ``(B) Report to congress.--Not later than 90 days after receiving the lead agency reports required under subparagraph (A), the Secretary shall make publicly available and provide to the Committee on Finance and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor and the Committee on Ways and Means of the House of Representatives a report summarizing the findings of the lead agency reports.''.

To amend section 2202 of the American Rescue Plan Act of 2021 to authorize States to expand the uses of the child care stabilization funds to include support for grants to increase access to child care through the establishment and expansion of child care programs by businesses. b) Purpose.--The purpose of this Act is to support the recovery and stability of the United States economy by providing grants to businesses to aid in opening child care programs, establishing partnerships with existing providers, or expanding existing child care services to meet the demand for child care for working parents. Any fund used for subgrants under this subsection shall be obligated before October 1, 2024, and expended before October 1, 2025. Subgrants made under this subsection shall be known as `Expanding Employer-Sponsored Child Care subgrants'. ``(4) Subgrants to businesses.-- ``(A) Use of funds.--An eligible business that receives funds through a subgrant authorized under this subsection shall use such funds to carry out activities related to establishing a child care program, expanding a child care program, or contracting with an eligible child care provider to offer child care services for the employees of such business. ``(C) Repayment of subgrant funds.--An eligible business that receives a subgrant under this paragraph shall be required to repay the subgrant funds if the lead agency determines that the business fails to provide the assurances described in subparagraph (B)(ii), or to comply with such an assurance. ``(B) Report to congress.--Not later than 90 days after receiving the lead agency reports required under subparagraph (A), the Secretary shall make publicly available and provide to the Committee on Finance and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor and the Committee on Ways and Means of the House of Representatives a report summarizing the findings of the lead agency reports.''.

To amend section 2202 of the American Rescue Plan Act of 2021 to authorize States to expand the uses of the child care stabilization funds to include support for grants to increase access to child care through the establishment and expansion of child care programs by businesses. Subgrants made under this subsection shall be known as `Expanding Employer-Sponsored Child Care subgrants'. ``(2) Definitions.--In this subsection: ``(A) Eligible business.--The term `eligible business' means a business that seeks to provide or expand child care services for the children of such business' employees or to partner with an eligible child care provider for such services. ``(4) Subgrants to businesses.-- ``(A) Use of funds.--An eligible business that receives funds through a subgrant authorized under this subsection shall use such funds to carry out activities related to establishing a child care program, expanding a child care program, or contracting with an eligible child care provider to offer child care services for the employees of such business. ``(C) Repayment of subgrant funds.--An eligible business that receives a subgrant under this paragraph shall be required to repay the subgrant funds if the lead agency determines that the business fails to provide the assurances described in subparagraph (B)(ii), or to comply with such an assurance. ``(B) Report to congress.--Not later than 90 days after receiving the lead agency reports required under subparagraph (A), the Secretary shall make publicly available and provide to the Committee on Finance and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor and the Committee on Ways and Means of the House of Representatives a report summarizing the findings of the lead agency reports.''.

To amend section 2202 of the American Rescue Plan Act of 2021 to authorize States to expand the uses of the child care stabilization funds to include support for grants to increase access to child care through the establishment and expansion of child care programs by businesses. b) Purpose.--The purpose of this Act is to support the recovery and stability of the United States economy by providing grants to businesses to aid in opening child care programs, establishing partnerships with existing providers, or expanding existing child care services to meet the demand for child care for working parents. Any fund used for subgrants under this subsection shall be obligated before October 1, 2024, and expended before October 1, 2025. Subgrants made under this subsection shall be known as `Expanding Employer-Sponsored Child Care subgrants'. ``(4) Subgrants to businesses.-- ``(A) Use of funds.--An eligible business that receives funds through a subgrant authorized under this subsection shall use such funds to carry out activities related to establishing a child care program, expanding a child care program, or contracting with an eligible child care provider to offer child care services for the employees of such business. ``(C) Repayment of subgrant funds.--An eligible business that receives a subgrant under this paragraph shall be required to repay the subgrant funds if the lead agency determines that the business fails to provide the assurances described in subparagraph (B)(ii), or to comply with such an assurance. ``(B) Report to congress.--Not later than 90 days after receiving the lead agency reports required under subparagraph (A), the Secretary shall make publicly available and provide to the Committee on Finance and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor and the Committee on Ways and Means of the House of Representatives a report summarizing the findings of the lead agency reports.''.

Expanding Employer-Sponsored Child Care Grants Act of 2021 - Amends the American Rescue Plan Act of 2011 to authorize States to expand the uses of the child care stabilization funds to include support for grants to increase access to child care through the establishment and expansion of child care programs by businesses. (Currently, the Centers for Disease Control and Prevention (CDC) may use unobligated Directs a lead agency that makes subgrants to eligible businesses to submit an application to the Secretary of Health and Human Services (HHS) containing: (1) a plan for offering access or expanding access to child care services for the employees of such business; (2) a certification in good faith that the child care program will remain open for at least one year after

H.R.4349

Government Operations and Politics

Department of Homeland Security Office for Civil Rights and Civil Liberties Authorization Act This bill makes changes to the Office for Civil Rights and Civil Liberties (CRCL) of the Department of Homeland Security (DHS). The bill expands the duties of the CRCL to include The bill requires each operational component of DHS to designate an Officer for Civil Rights and Civil Liberties to report to the CRCL. The CRCL must make certain information regarding its investigations publicly available. The Government Accountability Office shall report to Congress within two years of this bill's enactment.

To amend the Homeland Security Act of 2002 to make certain improvements in the Office for Civil Rights and Civil Liberties of the Department of Homeland Security, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Homeland Security Office for Civil Rights and Civil Liberties Authorization Act''. SEC. 2. OFFICER FOR CIVIL RIGHTS AND CIVIL LIBERTIES. (a) In General.--Section 705 of the Homeland Security Act of 2002 (6 U.S.C. 345) is amended-- (1) in the section heading, by striking ``establishment of''; and (2) by striking subsections (a) and (b) and inserting the following new subsections: ``(a) In General.--There is established within the Department an Office for Civil Rights and Civil Liberties. The head of such Office is the Officer for Civil Rights and Civil Liberties (referred to in this section as the `Officer'), who shall report directly to the Secretary. ``(b) Responsibilities.--The Officer shall carry out the following responsibilities: ``(1) Oversee compliance with constitutional, statutory, regulatory, policy, and other requirements relating to the civil rights and civil liberties of individuals affected by the programs and activities of the Department. ``(2) Integrate civil rights and civil liberties protections into all programs and activities of the Department. ``(3) Conduct civil rights and civil liberties impact assessments, including, as appropriate, prior to the implementation of new Department regulations, initiatives, programs, or policies. ``(4) Conduct periodic reviews and assessments of policies, procedures, and activities of the Department relating to civil rights and civil liberties, including reviews initiated by the Officer. ``(5) Provide policy advice, recommendations, and other technical assistance relating to civil rights and civil liberties to the Secretary and to heads of components, directorates, and offices and other personnel within the Department. ``(6) Review, assess, and investigate complaints, including complaints filed by members of the public, and information indicating possible abuses of civil rights or civil liberties at the Department, unless the Inspector General of the Department determines that any such complaint should be investigated by the Inspector General. ``(7) As the Officer determines necessary, initiate reviews, investigations, and assessments of the administration of the programs and activities of the Department relating to civil rights and civil liberties. ``(8) Coordinate with the Privacy Officer to ensure that-- ``(A) programs, policies, and procedures involving civil rights, civil liberties, and privacy considerations are addressed in an integrated and comprehensive manner; and ``(B) Congress receives appropriate reports regarding such programs, policies, and procedures. ``(9) Lead the equal employment opportunity programs of the Department, including complaint management and adjudication, workforce diversity, and promotion of the merit system principles. ``(10) On a semi-annual basis, make publicly available through accessible communications channels, including the website of the Department-- ``(A) information on the responsibilities and functions of, and how to contact, the Office; ``(B) summaries of the investigations carried out pursuant to paragraph (6) that result in final recommendations that are issued by the Officer; and ``(C) summaries of impact assessments carried out pursuant to paragraph (3) or (7) that are issued by the Officer. ``(11) Engage with individuals and communities whose civil rights and civil liberties may be affected by programs and activities of the Department, including by informing such individuals and communities about report and redress processes and advising the Secretary and heads of components, directorates, and offices and other personnel within the Department of concerns raised by such individuals and communities. ``(12) Lead the Language Access Program for the Department to ensure the Department can effectively communicate with all individuals impacted by programs and activities of the Department, including those with limited English proficiency. ``(c) Transparency.-- ``(1) Complaints.--In the case of a complaint made concerning allegations of abuses of civil rights and civil liberties under paragraph (6) of subsection (b), the Officer shall-- ``(A) provide to the individual who made the complaint notice of the receipt of such complaint within 30 days of receiving the complaint; and ``(B) inform the complainant of the determination of the Officer regarding the initiation of a review, assessment, or investigation within the Office, a referral to the Inspector General of the Department, or any other action taken. ``(2) Investigations.--In the case of an investigation initiated by the Officer pursuant to paragraph (6) or (7) of subsection (b) in which findings or recommendations are issued, the Officer-- ``(A) shall, on a semi-annual basis, make publicly available through accessible communications channels, including the website of the Department-- ``(i) the findings and recommendations of the Officer, if any; and ``(ii) a summary of the investigations that result in final recommendations that are issued by the Officer; and ``(B) shall not include in such findings, recommendations, or summary any personally identifiable information related to any individual involved in such investigation. ``(3) Submittal to heads of operational components.--The Officer shall transmit a copy of each summary produced under paragraph (2) to the Secretary and to the head of each relevant operational component of the Department. ``(4) Reports to congress.--Upon the conclusion of any investigation conducted by the Officer under paragraph (6) or (7) of subsection (b) in which findings or recommendations are issued, the Officer shall submit to Congress a report on the investigation, which shall be prepared and submitted without any prior comment or amendment by the Secretary, Deputy Secretary, or any other officer or employee of the Department or the Office of Management and Budget, unless the Officer seeks such comment. ``(d) Component Civil Rights and Civil Liberties Officer.--The head of each of the operational components of the Department, in consultation with the Officer, shall designate a career appointee (as such term is defined in section 3132 of title 5, United States Code) from such component as the Officer for Civil Rights and Civil Liberties of that component. The Officer for Civil Rights and Civil Liberties of each such component shall coordinate with and provide information to the Officer for Civil Rights and Civil Liberties of the Department on matters related to civil rights and civil liberties within the component. ``(e) Access to Information.--The Officer-- ``(1) shall have access in a timely manner to all records, reports, audits, reviews, documents, papers, recommendations, and other materials available to the Department that relate to programs and operations with respect to the responsibilities of the Officer under subsection (b); and ``(2) may, to the extent the Officer determines necessary, and subject to the approval of the Secretary, administer to or take from any person an oath, affirmation, or affidavit, whenever necessary in the performance of the responsibilities of the Officer under this section. ``(f) Annual Report.--Not later than March 31 of each year, the Officer shall submit to the appropriate committees and subcommittees of Congress a report on the implementation of this section during the year preceding the year during which the report is submitted. Each such report shall include, for the year covered by the report-- ``(1) a list of Department programs and activities for which civil rights and civil liberties impact assessments were conducted, or policy advice, recommendations, or other technical assistance was provided; ``(2) a list of Department programs and activities relating to civil rights and civil liberties that have not had impact assessments conducted during the 5-year period ending on the date of enactment of the Department of Homeland Security Office of Civil Rights and Civil Liberties Authorization Act; ``(3) an assessment of the efforts of the Department through the Language Access Program to effectively communicate with all individuals impacted by programs and activities of the Department, including those with limited English proficiency; ``(4) a summary of investigations resulting in recommendations issued under paragraph (6) or (7) of subsection (b) by the Officer to the Secretary or the head of a component, directorate, or office, together with information on the status of the component, directorate, or office's implementation of such recommendations; ``(5) information on the diversity and equal employment opportunity activities of the Department, including information on complaint management and adjudication of equal employment opportunity complaints and efforts to ensure compliance throughout the Department with equal employment opportunity requirements; ``(6) a description of any efforts to engage with individuals and communities whose civil rights and civil liberties may be affected by activities carried out by the Department, including public meetings; and ``(7) information on total staffing for the Office for Civil Rights and Civil Liberties, including-- ``(A) the number of full-time, part-time and contract support personnel; and ``(B) information on the number of employees whose primary responsibilities include supporting the Officer in carrying out paragraph (9) of subsection (b).''. (b) Clerical Amendment.--The item relating to section 705 in section 1(b) of the Homeland Security Act of 2002 is amended to read as follows: ``Sec. 705. Officer for Civil Rights and Civil Liberties.''. (c) Reporting to Congress.--Section 1062(f)(1)(A)(i) of the National Security Intelligence Reform Act of 2004 (42 U.S.C. 2000ee- 1(f)(1)(A)(i)) is amended by striking ``the Committee on Oversight and Government Reform of the House of Representatives'' and inserting ``the Committee on Homeland Security of the House of Representatives, the Committee on Oversight and Reform of the House of Representatives''. SEC. 3. COMPTROLLER GENERAL REVIEW. Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the implementation of subsection (b)(11) of section 705 of the Homeland Security Act of 2002 (6 U.S.C. 345), as amended by section 2. <all>

Department of Homeland Security Office for Civil Rights and Civil Liberties Authorization Act

To amend the Homeland Security Act of 2002 to make certain improvements in the Office for Civil Rights and Civil Liberties of the Department of Homeland Security, and for other purposes.

Department of Homeland Security Office for Civil Rights and Civil Liberties Authorization Act

Rep. Green, Al

D

TX

This bill makes changes to the Office for Civil Rights and Civil Liberties (CRCL) of the Department of Homeland Security (DHS). The bill expands the duties of the CRCL to include The bill requires each operational component of DHS to designate an Officer for Civil Rights and Civil Liberties to report to the CRCL. The CRCL must make certain information regarding its investigations publicly available. The Government Accountability Office shall report to Congress within two years of this bill's enactment.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. OFFICER FOR CIVIL RIGHTS AND CIVIL LIBERTIES. (a) In General.--Section 705 of the Homeland Security Act of 2002 (6 U.S.C. ``(5) Provide policy advice, recommendations, and other technical assistance relating to civil rights and civil liberties to the Secretary and to heads of components, directorates, and offices and other personnel within the Department. ``(6) Review, assess, and investigate complaints, including complaints filed by members of the public, and information indicating possible abuses of civil rights or civil liberties at the Department, unless the Inspector General of the Department determines that any such complaint should be investigated by the Inspector General. ``(9) Lead the equal employment opportunity programs of the Department, including complaint management and adjudication, workforce diversity, and promotion of the merit system principles. ``(10) On a semi-annual basis, make publicly available through accessible communications channels, including the website of the Department-- ``(A) information on the responsibilities and functions of, and how to contact, the Office; ``(B) summaries of the investigations carried out pursuant to paragraph (6) that result in final recommendations that are issued by the Officer; and ``(C) summaries of impact assessments carried out pursuant to paragraph (3) or (7) that are issued by the Officer. ``(11) Engage with individuals and communities whose civil rights and civil liberties may be affected by programs and activities of the Department, including by informing such individuals and communities about report and redress processes and advising the Secretary and heads of components, directorates, and offices and other personnel within the Department of concerns raised by such individuals and communities. ``(12) Lead the Language Access Program for the Department to ensure the Department can effectively communicate with all individuals impacted by programs and activities of the Department, including those with limited English proficiency. ``(4) Reports to congress.--Upon the conclusion of any investigation conducted by the Officer under paragraph (6) or (7) of subsection (b) in which findings or recommendations are issued, the Officer shall submit to Congress a report on the investigation, which shall be prepared and submitted without any prior comment or amendment by the Secretary, Deputy Secretary, or any other officer or employee of the Department or the Office of Management and Budget, unless the Officer seeks such comment. ``(f) Annual Report.--Not later than March 31 of each year, the Officer shall submit to the appropriate committees and subcommittees of Congress a report on the implementation of this section during the year preceding the year during which the report is submitted. 2000ee- 1(f)(1)(A)(i)) is amended by striking ``the Committee on Oversight and Government Reform of the House of Representatives'' and inserting ``the Committee on Homeland Security of the House of Representatives, the Committee on Oversight and Reform of the House of Representatives''. SEC. 3. COMPTROLLER GENERAL REVIEW.

SHORT TITLE. 2. OFFICER FOR CIVIL RIGHTS AND CIVIL LIBERTIES. (a) In General.--Section 705 of the Homeland Security Act of 2002 (6 U.S.C. ``(5) Provide policy advice, recommendations, and other technical assistance relating to civil rights and civil liberties to the Secretary and to heads of components, directorates, and offices and other personnel within the Department. ``(6) Review, assess, and investigate complaints, including complaints filed by members of the public, and information indicating possible abuses of civil rights or civil liberties at the Department, unless the Inspector General of the Department determines that any such complaint should be investigated by the Inspector General. ``(10) On a semi-annual basis, make publicly available through accessible communications channels, including the website of the Department-- ``(A) information on the responsibilities and functions of, and how to contact, the Office; ``(B) summaries of the investigations carried out pursuant to paragraph (6) that result in final recommendations that are issued by the Officer; and ``(C) summaries of impact assessments carried out pursuant to paragraph (3) or (7) that are issued by the Officer. ``(12) Lead the Language Access Program for the Department to ensure the Department can effectively communicate with all individuals impacted by programs and activities of the Department, including those with limited English proficiency. ``(4) Reports to congress.--Upon the conclusion of any investigation conducted by the Officer under paragraph (6) or (7) of subsection (b) in which findings or recommendations are issued, the Officer shall submit to Congress a report on the investigation, which shall be prepared and submitted without any prior comment or amendment by the Secretary, Deputy Secretary, or any other officer or employee of the Department or the Office of Management and Budget, unless the Officer seeks such comment. 2000ee- 1(f)(1)(A)(i)) is amended by striking ``the Committee on Oversight and Government Reform of the House of Representatives'' and inserting ``the Committee on Homeland Security of the House of Representatives, the Committee on Oversight and Reform of the House of Representatives''. SEC. 3. COMPTROLLER GENERAL REVIEW.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. OFFICER FOR CIVIL RIGHTS AND CIVIL LIBERTIES. (a) In General.--Section 705 of the Homeland Security Act of 2002 (6 U.S.C. ``(b) Responsibilities.--The Officer shall carry out the following responsibilities: ``(1) Oversee compliance with constitutional, statutory, regulatory, policy, and other requirements relating to the civil rights and civil liberties of individuals affected by the programs and activities of the Department. ``(5) Provide policy advice, recommendations, and other technical assistance relating to civil rights and civil liberties to the Secretary and to heads of components, directorates, and offices and other personnel within the Department. ``(6) Review, assess, and investigate complaints, including complaints filed by members of the public, and information indicating possible abuses of civil rights or civil liberties at the Department, unless the Inspector General of the Department determines that any such complaint should be investigated by the Inspector General. ``(8) Coordinate with the Privacy Officer to ensure that-- ``(A) programs, policies, and procedures involving civil rights, civil liberties, and privacy considerations are addressed in an integrated and comprehensive manner; and ``(B) Congress receives appropriate reports regarding such programs, policies, and procedures. ``(9) Lead the equal employment opportunity programs of the Department, including complaint management and adjudication, workforce diversity, and promotion of the merit system principles. ``(10) On a semi-annual basis, make publicly available through accessible communications channels, including the website of the Department-- ``(A) information on the responsibilities and functions of, and how to contact, the Office; ``(B) summaries of the investigations carried out pursuant to paragraph (6) that result in final recommendations that are issued by the Officer; and ``(C) summaries of impact assessments carried out pursuant to paragraph (3) or (7) that are issued by the Officer. ``(11) Engage with individuals and communities whose civil rights and civil liberties may be affected by programs and activities of the Department, including by informing such individuals and communities about report and redress processes and advising the Secretary and heads of components, directorates, and offices and other personnel within the Department of concerns raised by such individuals and communities. ``(12) Lead the Language Access Program for the Department to ensure the Department can effectively communicate with all individuals impacted by programs and activities of the Department, including those with limited English proficiency. ``(3) Submittal to heads of operational components.--The Officer shall transmit a copy of each summary produced under paragraph (2) to the Secretary and to the head of each relevant operational component of the Department. ``(4) Reports to congress.--Upon the conclusion of any investigation conducted by the Officer under paragraph (6) or (7) of subsection (b) in which findings or recommendations are issued, the Officer shall submit to Congress a report on the investigation, which shall be prepared and submitted without any prior comment or amendment by the Secretary, Deputy Secretary, or any other officer or employee of the Department or the Office of Management and Budget, unless the Officer seeks such comment. ``(e) Access to Information.--The Officer-- ``(1) shall have access in a timely manner to all records, reports, audits, reviews, documents, papers, recommendations, and other materials available to the Department that relate to programs and operations with respect to the responsibilities of the Officer under subsection (b); and ``(2) may, to the extent the Officer determines necessary, and subject to the approval of the Secretary, administer to or take from any person an oath, affirmation, or affidavit, whenever necessary in the performance of the responsibilities of the Officer under this section. ``(f) Annual Report.--Not later than March 31 of each year, the Officer shall submit to the appropriate committees and subcommittees of Congress a report on the implementation of this section during the year preceding the year during which the report is submitted. 2000ee- 1(f)(1)(A)(i)) is amended by striking ``the Committee on Oversight and Government Reform of the House of Representatives'' and inserting ``the Committee on Homeland Security of the House of Representatives, the Committee on Oversight and Reform of the House of Representatives''. SEC. 3. COMPTROLLER GENERAL REVIEW. 345), as amended by section 2.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. OFFICER FOR CIVIL RIGHTS AND CIVIL LIBERTIES. (a) In General.--Section 705 of the Homeland Security Act of 2002 (6 U.S.C. ``(b) Responsibilities.--The Officer shall carry out the following responsibilities: ``(1) Oversee compliance with constitutional, statutory, regulatory, policy, and other requirements relating to the civil rights and civil liberties of individuals affected by the programs and activities of the Department. ``(3) Conduct civil rights and civil liberties impact assessments, including, as appropriate, prior to the implementation of new Department regulations, initiatives, programs, or policies. ``(5) Provide policy advice, recommendations, and other technical assistance relating to civil rights and civil liberties to the Secretary and to heads of components, directorates, and offices and other personnel within the Department. ``(6) Review, assess, and investigate complaints, including complaints filed by members of the public, and information indicating possible abuses of civil rights or civil liberties at the Department, unless the Inspector General of the Department determines that any such complaint should be investigated by the Inspector General. ``(8) Coordinate with the Privacy Officer to ensure that-- ``(A) programs, policies, and procedures involving civil rights, civil liberties, and privacy considerations are addressed in an integrated and comprehensive manner; and ``(B) Congress receives appropriate reports regarding such programs, policies, and procedures. ``(9) Lead the equal employment opportunity programs of the Department, including complaint management and adjudication, workforce diversity, and promotion of the merit system principles. ``(10) On a semi-annual basis, make publicly available through accessible communications channels, including the website of the Department-- ``(A) information on the responsibilities and functions of, and how to contact, the Office; ``(B) summaries of the investigations carried out pursuant to paragraph (6) that result in final recommendations that are issued by the Officer; and ``(C) summaries of impact assessments carried out pursuant to paragraph (3) or (7) that are issued by the Officer. ``(11) Engage with individuals and communities whose civil rights and civil liberties may be affected by programs and activities of the Department, including by informing such individuals and communities about report and redress processes and advising the Secretary and heads of components, directorates, and offices and other personnel within the Department of concerns raised by such individuals and communities. ``(12) Lead the Language Access Program for the Department to ensure the Department can effectively communicate with all individuals impacted by programs and activities of the Department, including those with limited English proficiency. ``(c) Transparency.-- ``(1) Complaints.--In the case of a complaint made concerning allegations of abuses of civil rights and civil liberties under paragraph (6) of subsection (b), the Officer shall-- ``(A) provide to the individual who made the complaint notice of the receipt of such complaint within 30 days of receiving the complaint; and ``(B) inform the complainant of the determination of the Officer regarding the initiation of a review, assessment, or investigation within the Office, a referral to the Inspector General of the Department, or any other action taken. ``(3) Submittal to heads of operational components.--The Officer shall transmit a copy of each summary produced under paragraph (2) to the Secretary and to the head of each relevant operational component of the Department. ``(4) Reports to congress.--Upon the conclusion of any investigation conducted by the Officer under paragraph (6) or (7) of subsection (b) in which findings or recommendations are issued, the Officer shall submit to Congress a report on the investigation, which shall be prepared and submitted without any prior comment or amendment by the Secretary, Deputy Secretary, or any other officer or employee of the Department or the Office of Management and Budget, unless the Officer seeks such comment. ``(e) Access to Information.--The Officer-- ``(1) shall have access in a timely manner to all records, reports, audits, reviews, documents, papers, recommendations, and other materials available to the Department that relate to programs and operations with respect to the responsibilities of the Officer under subsection (b); and ``(2) may, to the extent the Officer determines necessary, and subject to the approval of the Secretary, administer to or take from any person an oath, affirmation, or affidavit, whenever necessary in the performance of the responsibilities of the Officer under this section. ``(f) Annual Report.--Not later than March 31 of each year, the Officer shall submit to the appropriate committees and subcommittees of Congress a report on the implementation of this section during the year preceding the year during which the report is submitted. (c) Reporting to Congress.--Section 1062(f)(1)(A)(i) of the National Security Intelligence Reform Act of 2004 (42 U.S.C. 2000ee- 1(f)(1)(A)(i)) is amended by striking ``the Committee on Oversight and Government Reform of the House of Representatives'' and inserting ``the Committee on Homeland Security of the House of Representatives, the Committee on Oversight and Reform of the House of Representatives''. SEC. 3. COMPTROLLER GENERAL REVIEW. 345), as amended by section 2.

To amend the Homeland Security Act of 2002 to make certain improvements in the Office for Civil Rights and Civil Liberties of the Department of Homeland Security, and for other purposes. a) In General.--Section 705 of the Homeland Security Act of 2002 (6 U.S.C. 345) is amended-- (1) in the section heading, by striking ``establishment of''; and (2) by striking subsections (a) and (b) and inserting the following new subsections: ``(a) In General.--There is established within the Department an Office for Civil Rights and Civil Liberties. ``(3) Conduct civil rights and civil liberties impact assessments, including, as appropriate, prior to the implementation of new Department regulations, initiatives, programs, or policies. ``(4) Conduct periodic reviews and assessments of policies, procedures, and activities of the Department relating to civil rights and civil liberties, including reviews initiated by the Officer. ``(10) On a semi-annual basis, make publicly available through accessible communications channels, including the website of the Department-- ``(A) information on the responsibilities and functions of, and how to contact, the Office; ``(B) summaries of the investigations carried out pursuant to paragraph (6) that result in final recommendations that are issued by the Officer; and ``(C) summaries of impact assessments carried out pursuant to paragraph (3) or (7) that are issued by the Officer. ``(11) Engage with individuals and communities whose civil rights and civil liberties may be affected by programs and activities of the Department, including by informing such individuals and communities about report and redress processes and advising the Secretary and heads of components, directorates, and offices and other personnel within the Department of concerns raised by such individuals and communities. ``(c) Transparency.-- ``(1) Complaints.--In the case of a complaint made concerning allegations of abuses of civil rights and civil liberties under paragraph (6) of subsection (b), the Officer shall-- ``(A) provide to the individual who made the complaint notice of the receipt of such complaint within 30 days of receiving the complaint; and ``(B) inform the complainant of the determination of the Officer regarding the initiation of a review, assessment, or investigation within the Office, a referral to the Inspector General of the Department, or any other action taken. ``(3) Submittal to heads of operational components.--The Officer shall transmit a copy of each summary produced under paragraph (2) to the Secretary and to the head of each relevant operational component of the Department. ``(4) Reports to congress.--Upon the conclusion of any investigation conducted by the Officer under paragraph (6) or (7) of subsection (b) in which findings or recommendations are issued, the Officer shall submit to Congress a report on the investigation, which shall be prepared and submitted without any prior comment or amendment by the Secretary, Deputy Secretary, or any other officer or employee of the Department or the Office of Management and Budget, unless the Officer seeks such comment. ``(d) Component Civil Rights and Civil Liberties Officer.--The head of each of the operational components of the Department, in consultation with the Officer, shall designate a career appointee (as such term is defined in section 3132 of title 5, United States Code) from such component as the Officer for Civil Rights and Civil Liberties of that component. ``(f) Annual Report.--Not later than March 31 of each year, the Officer shall submit to the appropriate committees and subcommittees of Congress a report on the implementation of this section during the year preceding the year during which the report is submitted. (b) Clerical Amendment.--The item relating to section 705 in section 1(b) of the Homeland Security Act of 2002 is amended to read as follows: ``Sec. c) Reporting to Congress.--Section 1062(f)(1)(A)(i) of the National Security Intelligence Reform Act of 2004 (42 U.S.C. 2000ee- 1(f)(1)(A)(i)) is amended by striking ``the Committee on Oversight and Government Reform of the House of Representatives'' and inserting ``the Committee on Homeland Security of the House of Representatives, the Committee on Oversight and Reform of the House of Representatives''.

To amend the Homeland Security Act of 2002 to make certain improvements in the Office for Civil Rights and Civil Liberties of the Department of Homeland Security, and for other purposes. ``(2) Integrate civil rights and civil liberties protections into all programs and activities of the Department. ``(6) Review, assess, and investigate complaints, including complaints filed by members of the public, and information indicating possible abuses of civil rights or civil liberties at the Department, unless the Inspector General of the Department determines that any such complaint should be investigated by the Inspector General. ``(7) As the Officer determines necessary, initiate reviews, investigations, and assessments of the administration of the programs and activities of the Department relating to civil rights and civil liberties. ``(10) On a semi-annual basis, make publicly available through accessible communications channels, including the website of the Department-- ``(A) information on the responsibilities and functions of, and how to contact, the Office; ``(B) summaries of the investigations carried out pursuant to paragraph (6) that result in final recommendations that are issued by the Officer; and ``(C) summaries of impact assessments carried out pursuant to paragraph (3) or (7) that are issued by the Officer. ``(3) Submittal to heads of operational components.--The Officer shall transmit a copy of each summary produced under paragraph (2) to the Secretary and to the head of each relevant operational component of the Department. ``(d) Component Civil Rights and Civil Liberties Officer.--The head of each of the operational components of the Department, in consultation with the Officer, shall designate a career appointee (as such term is defined in section 3132 of title 5, United States Code) from such component as the Officer for Civil Rights and Civil Liberties of that component. ``(f) Annual Report.--Not later than March 31 of each year, the Officer shall submit to the appropriate committees and subcommittees of Congress a report on the implementation of this section during the year preceding the year during which the report is submitted. b) Clerical Amendment.--The item relating to section 705 in section 1(b) of the Homeland Security Act of 2002 is amended to read as follows: ``Sec. Officer for Civil Rights and Civil Liberties.''. ( 2000ee- 1(f)(1)(A)(i)) is amended by striking ``the Committee on Oversight and Government Reform of the House of Representatives'' and inserting ``the Committee on Homeland Security of the House of Representatives, the Committee on Oversight and Reform of the House of Representatives''. COMPTROLLER GENERAL REVIEW.

To amend the Homeland Security Act of 2002 to make certain improvements in the Office for Civil Rights and Civil Liberties of the Department of Homeland Security, and for other purposes. ``(2) Integrate civil rights and civil liberties protections into all programs and activities of the Department. ``(6) Review, assess, and investigate complaints, including complaints filed by members of the public, and information indicating possible abuses of civil rights or civil liberties at the Department, unless the Inspector General of the Department determines that any such complaint should be investigated by the Inspector General. ``(7) As the Officer determines necessary, initiate reviews, investigations, and assessments of the administration of the programs and activities of the Department relating to civil rights and civil liberties. ``(10) On a semi-annual basis, make publicly available through accessible communications channels, including the website of the Department-- ``(A) information on the responsibilities and functions of, and how to contact, the Office; ``(B) summaries of the investigations carried out pursuant to paragraph (6) that result in final recommendations that are issued by the Officer; and ``(C) summaries of impact assessments carried out pursuant to paragraph (3) or (7) that are issued by the Officer. ``(3) Submittal to heads of operational components.--The Officer shall transmit a copy of each summary produced under paragraph (2) to the Secretary and to the head of each relevant operational component of the Department. ``(d) Component Civil Rights and Civil Liberties Officer.--The head of each of the operational components of the Department, in consultation with the Officer, shall designate a career appointee (as such term is defined in section 3132 of title 5, United States Code) from such component as the Officer for Civil Rights and Civil Liberties of that component. ``(f) Annual Report.--Not later than March 31 of each year, the Officer shall submit to the appropriate committees and subcommittees of Congress a report on the implementation of this section during the year preceding the year during which the report is submitted. b) Clerical Amendment.--The item relating to section 705 in section 1(b) of the Homeland Security Act of 2002 is amended to read as follows: ``Sec. Officer for Civil Rights and Civil Liberties.''. ( 2000ee- 1(f)(1)(A)(i)) is amended by striking ``the Committee on Oversight and Government Reform of the House of Representatives'' and inserting ``the Committee on Homeland Security of the House of Representatives, the Committee on Oversight and Reform of the House of Representatives''. COMPTROLLER GENERAL REVIEW.

To amend the Homeland Security Act of 2002 to make certain improvements in the Office for Civil Rights and Civil Liberties of the Department of Homeland Security, and for other purposes. a) In General.--Section 705 of the Homeland Security Act of 2002 (6 U.S.C. 345) is amended-- (1) in the section heading, by striking ``establishment of''; and (2) by striking subsections (a) and (b) and inserting the following new subsections: ``(a) In General.--There is established within the Department an Office for Civil Rights and Civil Liberties. ``(3) Conduct civil rights and civil liberties impact assessments, including, as appropriate, prior to the implementation of new Department regulations, initiatives, programs, or policies. ``(4) Conduct periodic reviews and assessments of policies, procedures, and activities of the Department relating to civil rights and civil liberties, including reviews initiated by the Officer. ``(10) On a semi-annual basis, make publicly available through accessible communications channels, including the website of the Department-- ``(A) information on the responsibilities and functions of, and how to contact, the Office; ``(B) summaries of the investigations carried out pursuant to paragraph (6) that result in final recommendations that are issued by the Officer; and ``(C) summaries of impact assessments carried out pursuant to paragraph (3) or (7) that are issued by the Officer. ``(11) Engage with individuals and communities whose civil rights and civil liberties may be affected by programs and activities of the Department, including by informing such individuals and communities about report and redress processes and advising the Secretary and heads of components, directorates, and offices and other personnel within the Department of concerns raised by such individuals and communities. ``(c) Transparency.-- ``(1) Complaints.--In the case of a complaint made concerning allegations of abuses of civil rights and civil liberties under paragraph (6) of subsection (b), the Officer shall-- ``(A) provide to the individual who made the complaint notice of the receipt of such complaint within 30 days of receiving the complaint; and ``(B) inform the complainant of the determination of the Officer regarding the initiation of a review, assessment, or investigation within the Office, a referral to the Inspector General of the Department, or any other action taken. ``(3) Submittal to heads of operational components.--The Officer shall transmit a copy of each summary produced under paragraph (2) to the Secretary and to the head of each relevant operational component of the Department. ``(4) Reports to congress.--Upon the conclusion of any investigation conducted by the Officer under paragraph (6) or (7) of subsection (b) in which findings or recommendations are issued, the Officer shall submit to Congress a report on the investigation, which shall be prepared and submitted without any prior comment or amendment by the Secretary, Deputy Secretary, or any other officer or employee of the Department or the Office of Management and Budget, unless the Officer seeks such comment. ``(d) Component Civil Rights and Civil Liberties Officer.--The head of each of the operational components of the Department, in consultation with the Officer, shall designate a career appointee (as such term is defined in section 3132 of title 5, United States Code) from such component as the Officer for Civil Rights and Civil Liberties of that component. ``(f) Annual Report.--Not later than March 31 of each year, the Officer shall submit to the appropriate committees and subcommittees of Congress a report on the implementation of this section during the year preceding the year during which the report is submitted. (b) Clerical Amendment.--The item relating to section 705 in section 1(b) of the Homeland Security Act of 2002 is amended to read as follows: ``Sec. c) Reporting to Congress.--Section 1062(f)(1)(A)(i) of the National Security Intelligence Reform Act of 2004 (42 U.S.C. 2000ee- 1(f)(1)(A)(i)) is amended by striking ``the Committee on Oversight and Government Reform of the House of Representatives'' and inserting ``the Committee on Homeland Security of the House of Representatives, the Committee on Oversight and Reform of the House of Representatives''.

To amend the Homeland Security Act of 2002 to make certain improvements in the Office for Civil Rights and Civil Liberties of the Department of Homeland Security, and for other purposes. ``(2) Integrate civil rights and civil liberties protections into all programs and activities of the Department. ``(6) Review, assess, and investigate complaints, including complaints filed by members of the public, and information indicating possible abuses of civil rights or civil liberties at the Department, unless the Inspector General of the Department determines that any such complaint should be investigated by the Inspector General. ``(7) As the Officer determines necessary, initiate reviews, investigations, and assessments of the administration of the programs and activities of the Department relating to civil rights and civil liberties. ``(10) On a semi-annual basis, make publicly available through accessible communications channels, including the website of the Department-- ``(A) information on the responsibilities and functions of, and how to contact, the Office; ``(B) summaries of the investigations carried out pursuant to paragraph (6) that result in final recommendations that are issued by the Officer; and ``(C) summaries of impact assessments carried out pursuant to paragraph (3) or (7) that are issued by the Officer. ``(3) Submittal to heads of operational components.--The Officer shall transmit a copy of each summary produced under paragraph (2) to the Secretary and to the head of each relevant operational component of the Department. ``(d) Component Civil Rights and Civil Liberties Officer.--The head of each of the operational components of the Department, in consultation with the Officer, shall designate a career appointee (as such term is defined in section 3132 of title 5, United States Code) from such component as the Officer for Civil Rights and Civil Liberties of that component. ``(f) Annual Report.--Not later than March 31 of each year, the Officer shall submit to the appropriate committees and subcommittees of Congress a report on the implementation of this section during the year preceding the year during which the report is submitted. b) Clerical Amendment.--The item relating to section 705 in section 1(b) of the Homeland Security Act of 2002 is amended to read as follows: ``Sec. Officer for Civil Rights and Civil Liberties.''. ( 2000ee- 1(f)(1)(A)(i)) is amended by striking ``the Committee on Oversight and Government Reform of the House of Representatives'' and inserting ``the Committee on Homeland Security of the House of Representatives, the Committee on Oversight and Reform of the House of Representatives''. COMPTROLLER GENERAL REVIEW.

To amend the Homeland Security Act of 2002 to make certain improvements in the Office for Civil Rights and Civil Liberties of the Department of Homeland Security, and for other purposes. a) In General.--Section 705 of the Homeland Security Act of 2002 (6 U.S.C. 345) is amended-- (1) in the section heading, by striking ``establishment of''; and (2) by striking subsections (a) and (b) and inserting the following new subsections: ``(a) In General.--There is established within the Department an Office for Civil Rights and Civil Liberties. ``(3) Conduct civil rights and civil liberties impact assessments, including, as appropriate, prior to the implementation of new Department regulations, initiatives, programs, or policies. ``(4) Conduct periodic reviews and assessments of policies, procedures, and activities of the Department relating to civil rights and civil liberties, including reviews initiated by the Officer. ``(10) On a semi-annual basis, make publicly available through accessible communications channels, including the website of the Department-- ``(A) information on the responsibilities and functions of, and how to contact, the Office; ``(B) summaries of the investigations carried out pursuant to paragraph (6) that result in final recommendations that are issued by the Officer; and ``(C) summaries of impact assessments carried out pursuant to paragraph (3) or (7) that are issued by the Officer. ``(11) Engage with individuals and communities whose civil rights and civil liberties may be affected by programs and activities of the Department, including by informing such individuals and communities about report and redress processes and advising the Secretary and heads of components, directorates, and offices and other personnel within the Department of concerns raised by such individuals and communities. ``(c) Transparency.-- ``(1) Complaints.--In the case of a complaint made concerning allegations of abuses of civil rights and civil liberties under paragraph (6) of subsection (b), the Officer shall-- ``(A) provide to the individual who made the complaint notice of the receipt of such complaint within 30 days of receiving the complaint; and ``(B) inform the complainant of the determination of the Officer regarding the initiation of a review, assessment, or investigation within the Office, a referral to the Inspector General of the Department, or any other action taken. ``(3) Submittal to heads of operational components.--The Officer shall transmit a copy of each summary produced under paragraph (2) to the Secretary and to the head of each relevant operational component of the Department. ``(4) Reports to congress.--Upon the conclusion of any investigation conducted by the Officer under paragraph (6) or (7) of subsection (b) in which findings or recommendations are issued, the Officer shall submit to Congress a report on the investigation, which shall be prepared and submitted without any prior comment or amendment by the Secretary, Deputy Secretary, or any other officer or employee of the Department or the Office of Management and Budget, unless the Officer seeks such comment. ``(d) Component Civil Rights and Civil Liberties Officer.--The head of each of the operational components of the Department, in consultation with the Officer, shall designate a career appointee (as such term is defined in section 3132 of title 5, United States Code) from such component as the Officer for Civil Rights and Civil Liberties of that component. ``(f) Annual Report.--Not later than March 31 of each year, the Officer shall submit to the appropriate committees and subcommittees of Congress a report on the implementation of this section during the year preceding the year during which the report is submitted. (b) Clerical Amendment.--The item relating to section 705 in section 1(b) of the Homeland Security Act of 2002 is amended to read as follows: ``Sec. c) Reporting to Congress.--Section 1062(f)(1)(A)(i) of the National Security Intelligence Reform Act of 2004 (42 U.S.C. 2000ee- 1(f)(1)(A)(i)) is amended by striking ``the Committee on Oversight and Government Reform of the House of Representatives'' and inserting ``the Committee on Homeland Security of the House of Representatives, the Committee on Oversight and Reform of the House of Representatives''.

To amend the Homeland Security Act of 2002 to make certain improvements in the Office for Civil Rights and Civil Liberties of the Department of Homeland Security, and for other purposes. ``(2) Integrate civil rights and civil liberties protections into all programs and activities of the Department. ``(6) Review, assess, and investigate complaints, including complaints filed by members of the public, and information indicating possible abuses of civil rights or civil liberties at the Department, unless the Inspector General of the Department determines that any such complaint should be investigated by the Inspector General. ``(7) As the Officer determines necessary, initiate reviews, investigations, and assessments of the administration of the programs and activities of the Department relating to civil rights and civil liberties. ``(10) On a semi-annual basis, make publicly available through accessible communications channels, including the website of the Department-- ``(A) information on the responsibilities and functions of, and how to contact, the Office; ``(B) summaries of the investigations carried out pursuant to paragraph (6) that result in final recommendations that are issued by the Officer; and ``(C) summaries of impact assessments carried out pursuant to paragraph (3) or (7) that are issued by the Officer. ``(3) Submittal to heads of operational components.--The Officer shall transmit a copy of each summary produced under paragraph (2) to the Secretary and to the head of each relevant operational component of the Department. ``(d) Component Civil Rights and Civil Liberties Officer.--The head of each of the operational components of the Department, in consultation with the Officer, shall designate a career appointee (as such term is defined in section 3132 of title 5, United States Code) from such component as the Officer for Civil Rights and Civil Liberties of that component. ``(f) Annual Report.--Not later than March 31 of each year, the Officer shall submit to the appropriate committees and subcommittees of Congress a report on the implementation of this section during the year preceding the year during which the report is submitted. b) Clerical Amendment.--The item relating to section 705 in section 1(b) of the Homeland Security Act of 2002 is amended to read as follows: ``Sec. Officer for Civil Rights and Civil Liberties.''. ( 2000ee- 1(f)(1)(A)(i)) is amended by striking ``the Committee on Oversight and Government Reform of the House of Representatives'' and inserting ``the Committee on Homeland Security of the House of Representatives, the Committee on Oversight and Reform of the House of Representatives''. COMPTROLLER GENERAL REVIEW.

To amend the Homeland Security Act of 2002 to make certain improvements in the Office for Civil Rights and Civil Liberties of the Department of Homeland Security, and for other purposes. ``(10) On a semi-annual basis, make publicly available through accessible communications channels, including the website of the Department-- ``(A) information on the responsibilities and functions of, and how to contact, the Office; ``(B) summaries of the investigations carried out pursuant to paragraph (6) that result in final recommendations that are issued by the Officer; and ``(C) summaries of impact assessments carried out pursuant to paragraph (3) or (7) that are issued by the Officer. ``(11) Engage with individuals and communities whose civil rights and civil liberties may be affected by programs and activities of the Department, including by informing such individuals and communities about report and redress processes and advising the Secretary and heads of components, directorates, and offices and other personnel within the Department of concerns raised by such individuals and communities. ``(c) Transparency.-- ``(1) Complaints.--In the case of a complaint made concerning allegations of abuses of civil rights and civil liberties under paragraph (6) of subsection (b), the Officer shall-- ``(A) provide to the individual who made the complaint notice of the receipt of such complaint within 30 days of receiving the complaint; and ``(B) inform the complainant of the determination of the Officer regarding the initiation of a review, assessment, or investigation within the Office, a referral to the Inspector General of the Department, or any other action taken. ``(4) Reports to congress.--Upon the conclusion of any investigation conducted by the Officer under paragraph (6) or (7) of subsection (b) in which findings or recommendations are issued, the Officer shall submit to Congress a report on the investigation, which shall be prepared and submitted without any prior comment or amendment by the Secretary, Deputy Secretary, or any other officer or employee of the Department or the Office of Management and Budget, unless the Officer seeks such comment. ``(d) Component Civil Rights and Civil Liberties Officer.--The head of each of the operational components of the Department, in consultation with the Officer, shall designate a career appointee (as such term is defined in section 3132 of title 5, United States Code) from such component as the Officer for Civil Rights and Civil Liberties of that component. 2000ee- 1(f)(1)(A)(i)) is amended by striking ``the Committee on Oversight and Government Reform of the House of Representatives'' and inserting ``the Committee on Homeland Security of the House of Representatives, the Committee on Oversight and Reform of the House of Representatives''.

To amend the Homeland Security Act of 2002 to make certain improvements in the Office for Civil Rights and Civil Liberties of the Department of Homeland Security, and for other purposes. ``(d) Component Civil Rights and Civil Liberties Officer.--The head of each of the operational components of the Department, in consultation with the Officer, shall designate a career appointee (as such term is defined in section 3132 of title 5, United States Code) from such component as the Officer for Civil Rights and Civil Liberties of that component. ( 2000ee- 1(f)(1)(A)(i)) is amended by striking ``the Committee on Oversight and Government Reform of the House of Representatives'' and inserting ``the Committee on Homeland Security of the House of Representatives, the Committee on Oversight and Reform of the House of Representatives''. COMPTROLLER GENERAL REVIEW.

To amend the Homeland Security Act of 2002 to make certain improvements in the Office for Civil Rights and Civil Liberties of the Department of Homeland Security, and for other purposes. ``(10) On a semi-annual basis, make publicly available through accessible communications channels, including the website of the Department-- ``(A) information on the responsibilities and functions of, and how to contact, the Office; ``(B) summaries of the investigations carried out pursuant to paragraph (6) that result in final recommendations that are issued by the Officer; and ``(C) summaries of impact assessments carried out pursuant to paragraph (3) or (7) that are issued by the Officer. ``(c) Transparency.-- ``(1) Complaints.--In the case of a complaint made concerning allegations of abuses of civil rights and civil liberties under paragraph (6) of subsection (b), the Officer shall-- ``(A) provide to the individual who made the complaint notice of the receipt of such complaint within 30 days of receiving the complaint; and ``(B) inform the complainant of the determination of the Officer regarding the initiation of a review, assessment, or investigation within the Office, a referral to the Inspector General of the Department, or any other action taken. ``(4) Reports to congress.--Upon the conclusion of any investigation conducted by the Officer under paragraph (6) or (7) of subsection (b) in which findings or recommendations are issued, the Officer shall submit to Congress a report on the investigation, which shall be prepared and submitted without any prior comment or amendment by the Secretary, Deputy Secretary, or any other officer or employee of the Department or the Office of Management and Budget, unless the Officer seeks such comment. 2000ee- 1(f)(1)(A)(i)) is amended by striking ``the Committee on Oversight and Government Reform of the House of Representatives'' and inserting ``the Committee on Homeland Security of the House of Representatives, the Committee on Oversight and Reform of the House of Representatives''.

Department of Homeland Security Office for Civil Rights and Civil Liberties Authorization Act - Amends the Homeland Security Act of 2002 to establish within the Department of Homeland security (DHS) an Office for civil rights and civil liberties. The head of such Office is the Officer for Civil rights and Civil liberties, who shall report directly to the Secretary of DHS. Requires the Officer to: (1) over Amends the National Security Intelligence Reform Act of 2004 to direct the Officer for Civil Rights and Civil Liberties of each component of the Department of Homeland Security (DHS) to coordinate with and provide information to the Officer of the Office of Civil Rights of DHS on matters related to civil rights and civil liberties within the component. Requires the Officer to: (1) have access in a timely manner

S.3158

Transportation and Public Works

Space Technology Advisory Committee Act of 2021 This bill sets out a process for reviewing applications and licenses for commercial space activities to determine whether an application or license poses a risk to national security or public safety. Specifically, the bill establishes a committee to assist the Federal Aviation Administration, the Department of Transportation, and the Federal Communications Commission review applications and licenses for the use of launch sites, launch and reentry vehicles, commercial spaceports, commercial Earth remote sensing satellites, or commercial satellite communications. For each application or license reviewed by the committee, the Office of the Director of National Intelligence must issue a written assessment of any national security threat related to the application or license.

To establish a committee to advise space licensing authorities, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Space Technology Advisory Committee Act of 2021''. SEC. 2. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Federal Aviation Administration. (2) Application.--The term ``application'' means an application, petition, or other request for a license, including an application, petition, or other request to transfer a license that has already been issued. (3) Commission.--The term ``Commission'' means the Federal Communications Commission. (4) Committee.--The term ``Committee'' means the committee established by section 3(a). (5) Committee advisor.--The term ``Committee advisor'' means an individual described in section 3(b)(2). (6) Committee member.--The term ``Committee member'' means an individual described in section 3(b)(1). (7) Lead member.--The term ``lead member'' means a Committee member designated under section 3(d) to carry out a specific duty of the Committee. (8) License.--The term ``license'' means a license for-- (A) a launch site; (B) a launch and reentry vehicle; (C) a commercial spaceport; (D) a commercial Earth remote sensing satellite; or (E) commercial satellite communications. (9) Secretary.--The term ``Secretary'' means the Secretary of Commerce. SEC. 3. COMMITTEE TO ADVISE SPACE LICENSING AUTHORITIES. (a) Establishment.--There is established a committee to assist the Administrator, the Secretary, and the Commission in conducting reviews of applications and licenses for the purpose of determining whether granting the applications or maintaining the licenses poses a risk to the national security or law enforcement or public safety interests of the United States. (b) Membership.-- (1) In general.--The Committee shall be comprised of the following Committee members: (A) The head, or a senior executive-level designee of the head, of each of the following: (i) The Department of Defense. (ii) The Department of Homeland Security. (iii) The Department of Justice. (iv) The Office of the Director of National Intelligence. (v) The Federal Aviation Administration. (vi) The National Space Council. (vii) The Department of Commerce. (B) The head of any other executive department or agency, or any Assistant to the President, as the President considers appropriate. (2) Advisory members.--In addition to the Committee members, the following individuals shall serve as Committee advisors: (A) The head, or a senior executive-level designee of the head, of each of the following: (i) The Department of State. (ii) The Office of the United States Trade Representative. (iii) The Department of the Treasury. (iv) The Securities and Exchange Commission. (v) The Federal Communications Commission. (vi) The Environmental Protection Agency. (vii) The Department of the Interior. (viii) The Office of Science and Technology Policy. (ix) The Federal Bureau of Investigation. (B) The Assistant to the President for National Security Affairs. (c) Chairperson.-- (1) In general.--The Secretary of Defense shall serve as the chairperson of the Committee. (2) Exclusive authority.--The chairperson shall have the exclusive authority to act, or to authorize any other Committee member to act, on behalf of the Committee, including by communicating with the Administrator, the Secretary, the Commission, and applicants and licensees. (d) Lead Members.--The chairperson shall designate one or more Committee members to serve as a lead member for carrying out a Committee duty, consistent with the Committee member's statutory authority. (e) Assistant Secretary for Space Review.-- (1) In general.--The chairperson shall establish within the Office of the Under Secretary of Defense for Acquisition and Sustainment the position of Assistant Secretary for Space Review, which position shall be principally related to the Committee, as delegated by the Secretary of Defense. (2) Duties.--The duties of the Assistant Secretary for Space Review shall be-- (A) to prioritize the organization and management of Committee meetings; and (B) to produce written archival records of Committee actions. (f) Information Sharing and Consultation.--The chairperson and each lead member shall-- (1) keep the Committee fully informed of their respective activities on behalf of the Committee; and (2) consult the Committee before taking any material action under this Act. (g) Duties.-- (1) Receipt of applications and licenses.--The Administrator, the Secretary, and the Commission shall refer all applications and licenses to the Committee, and the Committee shall receive such applications and licenses, for review and determination. (2) Review of applications and licenses.-- (A) In general.--The Committee shall-- (i) conduct a review and assessment of each application and license received; and (ii) with respect to each such application and license-- (I) submit questions or requests for information to the applicant, licensee, or any other entity for purposes of the assessment under subclause (II); (II) assess whether granting the application or maintaining the license would pose a risk to the national security or law enforcement or public safety interests of the United States; (III) in the case of an application or a license with respect to which the Committee determines such a risk exists, determine whether, as applicable-- (aa) the application should be granted or denied; or (bb) the license should be maintained or revoked; and (IV) in the case of an application or license determined to pose such a risk that may be addressed through approval with conditions-- (aa) not later than 30 days after the date on which the Committee receives such application or license for review, propose to the Administrator, the Secretary, or the Commission, as applicable, the measures necessary to address the risk, and recommend that the application only be granted, or the license only maintained, on the condition of compliance by the applicant or licensee with such measures; (bb) if the Administrator, the Secretary, or the Commission approves the measures proposed under item (aa) and grants the application, or maintains the license, communicate with the applicant or licensee with respect to such measures; and (cc) monitor compliance with such measures. (B) Timeline.--Not later than 30 days after the date on which the chairperson determines under paragraph (4) that the response of the applicant or licensee to any question or information request is complete, the Committee shall complete the review under this paragraph. (C) Notification.--The chairperson shall notify the Administrator, the Secretary, or the Commission, as applicable, of any application or license determined by the Committee to warrant a secondary assessment. (3) Secondary assessment of applications and licenses.-- (A) In general.--The Committee shall-- (i) conduct a secondary assessment of any application or license determined by the Committee to pose a risk to the national security or law enforcement or public safety interests of the United States that cannot be addressed through standard mitigation measures; and (ii) with respect to each such application or license-- (I) submit additional questions or requests for information to the applicant, licensee, or any other entity to determine whether there are unresolved concerns; and (II) make a recommendation to the Administrator, the Secretary, or the Commission, as applicable, on whether the application should be denied or the license should be revoked. (B) Timeline.--Not later than 90 days after the date on which the Committee determines that a secondary assessment under this paragraph is warranted, the Committee shall complete the assessment. (C) Notification.--The chairperson, in coordination with the Administrator, the Secretary, or the Commission, as applicable, shall notify the National Security Council and the President of any application or license with respect to which the Committee recommends a denial or revocation. (4) Requests for additional information.-- (A) In general.--Not later than 15 days after receiving a response to questions or requests for additional information submitted to an applicant, licensee, or any other entity pursuant to an review under paragraph (2) or a secondary assessment under paragraph (3), the Committee shall-- (i) make a determination as to whether such response is complete; and (ii) notify the Administrator, the Secretary, or the Commission, as applicable, of such determination. (B) Failure to respond.-- (i) In general.--In the case of an applicant, licensee, or other entity that fails to respond to such questions or requests for additional information, the Committee may make a recommendation to the Administrator, the Secretary, or the Commission, as applicable-- (I) to deny the application concerned without prejudice; or (II) to rescind the license concerned. (ii) Notification.-- (I) Extension.--The chairperson shall notify the Administrator, the Secretary, or the Commission, as applicable, of any extension of the review or secondary assessment period. (II) Denial.--The chairperson, in coordination with the Administrator, the Secretary, or the Commission, as applicable, shall notify the National Security Council and the President of any recommendation by the Committee to deny an application or rescind a license. (C) Confidentiality.--Information submitted to the Committee shall not be disclosed to any individual or entity outside the departments or agencies of Committee members and Committee advisors, except as appropriate and consistent with procedures governing the handling of classified or otherwise privileged information. (5) Notification of no objections.--If the Committee does not have a recommendation or an objection to granting an application or maintaining a license, the Committee shall so notify the Administrator, the Secretary, or the Commission, as applicable. (6) Other duties.--The Committees shall conduct other related duties, as the chairperson considers appropriate. SEC. 4. THREAT ANALYSIS. With respect to each application and license reviewed by the Committee, the Director of National Intelligence, in coordination with the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)), shall issue a written assessment of any threat to the national security interests of the United States posed by granting the application or maintaining the license. <all>

Space Technology Advisory Committee Act of 2021

A bill to establish a committee to advise space licensing authorities, and for other purposes.